Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
170-26 RESOLUTION
Page 1 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 170-26 File Number: 2026-2276 A RESOLUTION TO AWARD RFQ #26-03 AND AUTHORIZE A GENERAL CONTRACTOR CONSTRUCTION MANAGEMENT CONTRACT WITH EMERY SAPP & SONS IN THE INITIAL AMOUNT OF $50,500.00 FOR THE PLAINVIEW AVENUE PROJECT WHEREAS, the construction of the Plainview Avenue project is expected to have some complexity with respect to maintaining traffic through the Fiesta Square shopping center and the intersection of College Avenue and Rolling Hills Drive; and WHEREAS, a Construction Manager will allow for more involvement with the contractor during the design of the project and will be able to be more responsive to requests from property owners/tenants during construction; and WHEREAS, the initial scope of work will allow them to begin collaborating with the civil engineering consultant on the final design, prepare bid packages and begin site exploration for utility and geotechnical concerns and, once the project is bid, Emery Sapp & Sons will propose a guaranteed maximum price for the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards RFQ #26-03, and authorizes Mayor Rawn to sign a general contractor construction management contract with Emery Sapp & Sons in the initial amount of $50,500.00 for the Plainview Avenue Project. PASSED and APPROVED on July 21, 2026 Approved: _______________________________ Molly Rawn, Mayor Attest: ___________________________________ Courtney Spohn, Senior Deputy City Clerk Treasurer Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2026-2276 MEETING OF JULY 21, 2026 TO: Mayor Rawn and City Council THROUGH: Chris Brown, Public Works Director FROM: Justin Bland, City Engineer SUBJECT: Plainview Ave. Construction Manager Contract RECOMMENDATION: Engineering Staff recommends approval of the Preconstruction Services Proposal from Emery Sapp & Sons in the amount of $50,500 for the Plainview Ave. project, pursuant to RFQ 26-03. BACKGROUND: The construction of the Plainview Ave. project is expected to have some complexity with respect to maintaining traffic through the Fiesta Square shopping center and the intersection of College Ave. and Rolling Hills Dr. Due to this, staff is proposing to use a Construction Manager method of project delivery rather than the traditional design-bid process. A Construction Manager will allow for more involvement with the contractor during the design of the project. In addition, the Construction Manager will be able to be more responsive to requests from property owners/tenants during construction. DISCUSSION: Since Construction Managers are considered a professional service, staff posted a request for qualifications for the Plainview Ave. project (RFQ 26-03). Staff received four responses to this request, of which three firms were selected to be interviewed. After the interview, the selection committee chose Emery Sapp & Sons (ESS) for this work. ESS has reviewed the project documents and provided the attached document for pre- construction services. This scope of work will allow them to begin collaborating with the civil engineering consultant on the final design, prepare bid packages and begin site exploration for utility and geotechnical concerns. Once the project is bid, ESS will propose a guaranteed maximum price for the project which staff will present to the Transportation Committee and City Council for approval. This contract was reviewed by the Transportation Committee at their June 30th meeting and reccomended to be forward to City Council for approval. BUDGET/STAFF IMPACT: This will be funded from Transportation Bond funds using the account below: Description Account Project Amount Transportation Bond Program 4702.860.7221- 5809.00 46020.7221.1000 $50,500 Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov ATTACHMENTS: 3. Staff Review Form, 4. RFQ 26-03 ESS Contract Complete Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2026-2276 A RESOLUTION TO AWARD RFQ #26-03 AND AUTHORIZE A GENERAL CONTRACTOR CONSTRUCTION MANAGEMENT CONTRACT WITH EMERY SAPP & SONS IN THE INITIAL AMOUNT OF $50,500.00 FOR THE PLAINVIEW AVENUE PROJECT WHEREAS, the construction of the Plainview Avenue project is expected to have some complexity with respect to maintaining traffic through the Fiesta Square shopping center and the intersection of College Avenue and Rolling Hills Drive; and WHEREAS, a Construction Manager will allow for more involvement with the contractor during the design of the project and will be able to be more responsive to requests from property owners/tenants during construction; and WHEREAS, the initial scope of work will allow them to begin collaborating with the civil engineering consultant on the final design, prepare bid packages and begin site exploration for utility and geotechnical concerns and, once the project is bid, Emery Sapp & Sons will propose a guaranteed maximum price for the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards RFQ #26-03, and authorizes Mayor Rawn to sign a general contractor construction management contract with Emery Sapp & Sons in the initial amount of $50,500.00 for the Plainview Avenue Project. Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 City of Fayetteville Staff Review Form 2026-2276 Item ID 7/1/2026 City Council Meeting Date - Agenda Item Only N/A for Non-Agenda Item Justin Bland 7/2/2026 ENGINEERING (621) Submitted By Submitted Date Division / Department Action Recommendation: Engineering Staff recommends approval of the Preconstruction Services Proposal from Emery Sapp & Sons in the amount of $50,500 for the Plainview Ave. project. Budget Impact: 4702.860.7221-5809.00 Streets Projects 2022 Bonds Account Number Fund 46020.7221.1000 Hwy 71B Corridor, Appleby/Plainview/Rolling Hills Connection Project Number Project Title Budgeted Item?Yes Total Amended Budget $4,947,863.00 Expenses (Actual+Encum)$4,229,037.68 Available Budget $718,825.32 Does item have a direct cost?Yes Item Cost $50,500.00 Is a Budget Amendment attached?No Budget Amendment $- Remaining Budget $668,325.32 Purchase Order Number:Previous Ordinance or Resolution # Change Order Number:Approval Date: Original Contract Number: Comments: Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 RFQ 26-03, GCCM – Plainview Avenue Extension Page 1 of 22 Contract for General Contractor Construction Management Services Plainview Avenue Extension BETWEEN City of Fayetteville, Arkansas and Emery Sapp & Sons, Inc. THIS AGREEMENT is made this __________ day of , 2026, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE or CITY) and Emery Sapp & Sons, Inc. (general contractor construction manager, hereinafter called GCCM, Construction Manager, or Emery Sapp), and CITY OF FAYETTEVILLE from time to time requires professional GCCM services in connection with the evaluation of design, and/or construction supervision of capital improvement projects. Therefore, CITY OF FAYETTEVILLE and GCCM in consideration of their mutual covenants agree as follows: GCCM shall serve as CITY OF FAYETTEVILLE’s professional GCCM 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 GCCM 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 GCCM services shall be provided as identified in appendices: a.EMERY SAPP’s Tax identification number (TIN) ending in 8848 b.EMERY SAPP’s Arkansas Contractor License No. 0133390426 c.EMERY SAPP’s Secretary of State Filing No. 100212597 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 Work ii.Appendix B: GCCM Fee Schedule iii.Appendix C: RFQ 26-03, GCCM for Plainview Avenue Extension iv.Appendix D: EMERY SAPP’s Response to RFQ 26-03 v.Appendix E: EMERY SAPP’s current Certificate of Insurance b.This agreement may be modified only by a duly executed written instrument signed by the CITY and GCCM. 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) GCCM’s response to RFQ 26-03 (d) City’s published RFQ 26-03 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.Emery Sapp & Sons, Inc.: Attention: Jason Eldredge, 5168-A North Oak, Springdale, AR 72764 Docusign Envelope ID: 9E7E4B28-49E0-865B-83C3-9202CB334727 21st July Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 RFQ 26-03, GCCM – Plainview Avenue Extension Page 2 of 22 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 to Construction Manager after Construction Manager’s failure to provide a remedy within 21 calendar days of written notification by City. 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 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, Docusign Envelope ID: 9E7E4B28-49E0-865B-83C3-9202CB334727Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 RFQ 26-03, GCCM – Plainview Avenue Extension Page 3 of 22 and, if appropriate, the Compensation for Preconstruction Services under this Agreement. Any equitable adjustment shall be approved by all parties. i.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. j.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, provided City makes prompt payment to Construction Manager within time constraints to obtain prompt payment discounts from vendors. 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. l.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. GCCM 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, upon GCCM becoming aware of the conflict. Design Professional should be the initial Decision Maker but GCCM has right to claim if decision is disputed. GCCM and Owner will work through the claim to develop a resolution. r.DEBARMENT AND SUSPENSION: By execution of this agreement, GCCM certifies that to the best of its knowledge and belief that the GCCM 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 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 Docusign Envelope ID: 9E7E4B28-49E0-865B-83C3-9202CB334727Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 RFQ 26-03, GCCM – Plainview Avenue Extension Page 4 of 22 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.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.GCCM understands that a false statement on certification regarding debarment and suspension may be grounds for rejection of this proposal or termination of the award. 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. 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. 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. 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 GCCM in the performance of the Work including those set forth in the Guaranteed Maximum Price Amendment. f.The “General Contractor Construction Manager” (GCCM 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 GCCM’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. l.“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. Docusign Envelope ID: 9E7E4B28-49E0-865B-83C3-9202CB334727Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 RFQ 26-03, GCCM – Plainview Avenue Extension Page 5 of 22 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 GCCM’s employees in GCCM’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 GCCM. r.The “Project,” is the building, facility, or other improvements for which GCCM 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 GCCM that specifies the dates on which GCCM 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 GCCM 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 equipment. w.A “Supplier” is a person or entity retained by GCCM 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. 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. Docusign Envelope ID: 9E7E4B28-49E0-865B-83C3-9202CB334727Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 RFQ 26-03, GCCM – Plainview Avenue Extension Page 6 of 22 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 GCCM 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 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 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 two-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 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. Docusign Envelope ID: 9E7E4B28-49E0-865B-83C3-9202CB334727Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 RFQ 26-03, GCCM – Plainview Avenue Extension Page 7 of 22 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 written notice of such intent within fourteen (14) Days of its receipt of notice from City and shall complete the 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 Documents. 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 a.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. 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. Docusign Envelope ID: 9E7E4B28-49E0-865B-83C3-9202CB334727Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 RFQ 26-03, GCCM – Plainview Avenue Extension Page 8 of 22 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 general contractor construction management related services without prior written consent from the City. c.If the City deems any subcontractor or subcontractor’s work as unacceptable, the Construction Manager shall solicit a different subcontractor (with City’s approval) to perform work assigned. 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 GCCM as described in Appendix B. a.Phase 1: Pre-Construction Services i.The maximum not-to-exceed amount authorized for this phase is $50,500.00 US Dollars. Fees shall be paid to the GCCM from the City based Lump Sum basis as described in Appendix A. 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 Pre-construction 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. Docusign Envelope ID: 9E7E4B28-49E0-865B-83C3-9202CB334727Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 RFQ 26-03, GCCM – Plainview Avenue Extension Page 9 of 22 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 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 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 individuals or property. c.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. Fees set for the construction of this project are intended to be executed upon agreement of all parties in a not to exceed Docusign Envelope ID: 9E7E4B28-49E0-865B-83C3-9202CB334727Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 RFQ 26-03, GCCM – Plainview Avenue Extension Page 10 of 22 form via change order. Due to the funding nature of this project, all parties agree payment to the GCCM shall be made as follows: i.The City shall be responsible for a not to exceed cap. ii.Final amounts shall be identified with a Change Order, pursuant to agreement of all parties of a Guaranteed Maximum Price. d.GCCM 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 GCCM 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, insured, and 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 GCCM’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 GCCM 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. 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, GCCM 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 GCCM to be set forth therein. i.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 GCCM or sureties under this Agreement. 11.Project Bonding: Performance and payment bonding. After execution of this contract by all parties, GCCM shall provide 100% separate performance and payment bonds from a bonding company, licensed to do business in the Docusign Envelope ID: 9E7E4B28-49E0-865B-83C3-9202CB334727Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 RFQ 26-03, GCCM – Plainview Avenue Extension Page 11 of 22 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 GCCM and sub-contractor without 100% payment and performance bonds in the amount of the contract (including any approved contingency) 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. 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. 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 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. Docusign Envelope ID: 9E7E4B28-49E0-865B-83C3-9202CB334727Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 RFQ 26-03, GCCM – Plainview Avenue Extension Page 12 of 22 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 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 applied 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; 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. Docusign Envelope ID: 9E7E4B28-49E0-865B-83C3-9202CB334727Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 RFQ 26-03, GCCM – Plainview Avenue Extension Page 13 of 22 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.GCCM 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 ).’ ii.GCCM 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 GCCM 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 City in advance of the change in scope, cost, or fees. 20.Digital Accessibility Requirements: If applicable, Contractor shall provide accessibility conformance reports (ACRs) for any software provided by the Contractor that will be accessible by the public upon delivery, whether developed by the Contractor or a third party. Visit the link for more information: https://www.fayetteville- ar.gov/DocumentCenter/View/39767/Web-Accessibility-Requirements-for-Vendors_-and-Technology-Addendum a.Contractor must address all accessibility issues in any software provided or licensed by the Contractor and delivered to the City, as well as any documents delivered by the Contractor. b.Contractor must ensure that end user deliverables adhere to the WCAG 2.1 AA standard as defined by title II of the Americans with Disabilities Act. Docusign Envelope ID: 9E7E4B28-49E0-865B-83C3-9202CB334727Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 RFQ 26-03, GCCM – Plainview Avenue Extension Page 14 of 22 i.Deliverables are defined as any web platform or mobile application, or documents that may be hosted on a web or mobile platform. This includes documents, spreadsheets or presentations regardless of format (Microsoft Office products, PDF, etc.). c.Contractor must ensure accessibility is addressed during all stages of a project, from commencement to implementation. Contractor must meet with City staff at the City’s discretion to review accessibility issues. d.If Contractor deliverables fail to comply with WCAG 2.1 Level AA standard, the Contractor shall provide the City with a credit to cover the cost of additional accessibility testing and resolution. Such credits shall not exceed 5% of either (1) the total fixed price due to the Contractor under the contract or (2) the total not- to-exceed amount of the contract if entered under a time and materials basis. 21.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 E. 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 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, GCCM 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, Docusign Envelope ID: 9E7E4B28-49E0-865B-83C3-9202CB334727Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 RFQ 26-03, GCCM – Plainview Avenue Extension Page 15 of 22 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 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; 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 property to be covered by this 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 may then 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 Docusign Envelope ID: 9E7E4B28-49E0-865B-83C3-9202CB334727Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 RFQ 26-03, GCCM – Plainview Avenue Extension Page 16 of 22 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. 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 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. i.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 GCCM. 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. i.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. j.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. Docusign Envelope ID: 9E7E4B28-49E0-865B-83C3-9202CB334727Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 RFQ 26-03, GCCM – Plainview Avenue Extension Page 17 of 22 22.Professional Responsibility: GCCM 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 GCCM any defects or suspected defects in services of which CITY OF FAYETTEVILLE becomes aware, so GCCM 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 GCCM. 23.Responsibility of the City of Fayetteville a.CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of GCCM: i.Provide full information as to the requirements for the Project. ii.Assist GCCM by placing at GCCM’s disposal all available information pertinent to the assignment including previous reports and any other data relative thereto. iii.Assist GCCM in obtaining access to property reasonably necessary for GCCM to perform its services. iv.Examine all studies, reports, sketches, cost opinions, proposals, and other documents presented by GCCM and render in writing decisions pertaining thereto. v.Review all documents and provide written comments to GCCM 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. 24.Cost Opinions and Projections: Cost opinions and projections prepared by the GCCM relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, cost estimating, and operating results are based on GCCM’s experience, qualifications, and judgment as a GCCM professional. 25.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. GCCM 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. 26.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 GCCM is given: Docusign Envelope ID: 9E7E4B28-49E0-865B-83C3-9202CB334727Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 RFQ 26-03, GCCM – Plainview Avenue Extension Page 18 of 22 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 GCCM at the time of termination may be adjusted to cover any additional costs to CITY OF FAYETTEVILLE because of GCCM’s default. d.If termination for default is affected by GCCM, 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 GCCM for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by GCCM relating to commitments which had become firm prior to the termination. e.Upon receipt of a termination action under Paragraphs above, GCCM 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 GCCM 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 GCCM to fulfill contractual obligations, it is determined that GCCM 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. 27.Delays a.In the event the services of GCCM are suspended or delayed by CITY OF FAYETTEVILLE, or by other events beyond GCCM’s reasonable control, GCCM shall be entitled to additional compensation and time for reasonable documented costs incurred by GCCM in temporarily closing down or delaying the Project. b.In the event the services are suspended or delayed by GCCM, CITY shall be entitled to compensation and time for reasonable costs incurred in temporarily closing down or delaying the Project. 28.Rights and Benefits: GCCM’s services shall be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the benefit of any other persons or entities. 29.Dispute Resolution a.Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between CITY OF FAYETTEVILLE and GCCM 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 GCCM 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, Docusign Envelope ID: 9E7E4B28-49E0-865B-83C3-9202CB334727Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 RFQ 26-03, GCCM – Plainview Avenue Extension Page 19 of 22 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 GCCM 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 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 GCCM 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 GCCM, 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. 30.Sufficient Funds: The CITY represents to have sufficient funds or the means of obtaining funds to remit payment to GCCM for services rendered by GCCM. All parties agree that if funding should become insufficient to complete the project, GCCM shall be notified in a timely manner. 31.Publications: Recognizing the importance of professional services on the part of GCCM’s employees and the importance of GCCM’s public relations, GCCM may prepare publications, such as technical papers, articles for periodicals, promotional materials, and press releases, in electronic or other format, pertaining to GCCM’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 GCCM, 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 GCCM’s activities pertaining to any such publication shall be for GCCM’s account. 32.Indemnification: To the fullest extent permitted by law, the GCCM 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 GCCM, 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. 33.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 FAYETTEVILLE. GCCM may retain reproduced copies of drawings and copies of other documents. Docusign Envelope ID: 9E7E4B28-49E0-865B-83C3-9202CB334727Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 RFQ 26-03, GCCM – Plainview Avenue Extension Page 20 of 22 b.Engineering and architectural documents, computer models, drawings, specifications and other hard copy or electronic media prepared by GCCM as part of the Services shall become the property of CITY OF FAYETTEVILLE when GCCM has been compensated for all Services rendered, provided, however, that GCCM shall have the unrestricted right to their use. GCCM 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 GCCM. c.Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced. GCCM 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. 34.Additional Responsibilities of GCCM: a.Review, approval, or acceptance of design drawings, specifications, reports and other services furnished here under by CITY shall not in any way relieve GCCM 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.GCCM shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF FAYETTEVILLE caused by GCCM’s negligent performance, except beyond the GCCM’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.GCCM’s obligations under this clause are in addition to GCCM’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 GCCM for faulty materials, equipment, or work. d.GCCM shall provide weekly updates to appropriate City staff, identified by the City, throughout the duration of the project. Each update shall include all reports, photographs, schedules, and any other documentation that may be requested or specified by the City. GCCM shall submit such updates in the format and manner directed by the City and within the deadlines established by City staff. 35.Audit and Access to Records: a.GCCM 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.GCCM shall also maintain the financial information and data used by GCCM 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, auditing and copying during normal business hours. GCCM 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. Docusign Envelope ID: 9E7E4B28-49E0-865B-83C3-9202CB334727Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 RFQ 26-03, GCCM – Plainview Avenue Extension Page 21 of 22 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 GCCM; 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. 36.Covenant Against Contingent Fees: GCCM 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 or continent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by GCCM 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. 37.Gratuities: a.If CITY OF FAYETTEVILLE finds after a notice and hearing that GCCM or any of GCCM 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 GCCM 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 findings 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 GCCM as it could pursue in the event of a breach of the Agreement by GCCM. 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 GCCM incurs in providing any such gratuities to any such officer or employee. CONTINUES ON NEXT PAGE Docusign Envelope ID: 9E7E4B28-49E0-865B-83C3-9202CB334727Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 RFQ 26-03, GCCM – Plainview Avenue Extension Page 22 of 22 IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and EMERY SAPP & SONS, INC by its authorized officer have made and executed this Agreement as of the day and year first above written: CITY OF FAYETTEVILLE, ARKANSAS EMERY SAPP & SONS, INC. By: _ Billy Wallis, Vice President, Operations Date Signed: _________________________ By: Molly Rawn, Mayor ATTEST: By: Courtney Spohn, Deputy City Clerk-Treasurer Date Signed: _________________________ Docusign Envelope ID: 9E7E4B28-49E0-865B-83C3-9202CB334727 7/1/2026 7/21/2026 Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 RFQ 26-03, GCCM – Plainview Avenue Extension APPENDIX A – SCOPE OF WORK Page 1 of 4 for RFQ 26-03, GCCM – Plainview Avenue Extension 1. PROJECT SUMMARY Emery Sapp & Sons, Inc. shall provide general contractor construction management (GCCM) services for the Plainview Avenue Extension Project. This project includes storm drainage, trail, sidewalks, enhanced crosswalks, turn lanes, traffic signal modifications, street lighting, and landscaping. 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. . b. PHASE 1: Pre-Construction Services: i. Construction Documents Phase 1. GCCM shall develop a construction phasing plan. 2. GCCM shall develop a construction schedule. 3. GCCM 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 Garver 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 Staff to resolve comments. 7. Assist Garver in responding in writing to all City of Fayetteville comments on plans. 8. Assist Garver in coordinating with City-owned 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 for required approvals. 11. Assist Garver and the City with the bid form and identify all separate trade packages. Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 RFQ 26-03, GCCM – Plainview Avenue Extension APPENDIX A – SCOPE OF WORK Page 2 of 4 12. Facilitate with the Design Team in conducting cost-benefit analyses to understand construction costs, life-cycle cost impacts and long-term maintenance costs. 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 Procurement Division to ensure all procedures followed for this phase meet state laws and City of Fayetteville Procurement Policies. 2. Provide services for reproduction and dissemination of bid sets (project manual and stamped drawings) to the City Design Team [PM (1), Procurement (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 Procurement 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 holders 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 Procurement Division during pre-bid meeting(s) and facilitate and attend the Bid Opening. 5. Maintain open communication with the City Procurement Division during any process involving Request for Information (RFI). 6. Any addenda shall be provided to the Procurement 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 GCCM desires to self-perform a portion of the work or a trade package, the GCCM shall submit a bid package at the same time and manner as other interested parties. 8. Assist with the design of all Bid Proposals. 9. Review Garver’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 unbalanced bid items, c. Coordinate with the City Procurement Division in finalizing a Certified Bid Tabulation including Engineer’s estimate, Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 RFQ 26-03, GCCM – Plainview Avenue Extension APPENDIX A – SCOPE OF WORK Page 3 of 4 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. c. Phase 2 Guaranteed Maximum Price and Construction Administration Phase iii. 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 meetings and conduct regular update meetings as jointly determined by the Design Team and contracted sub-contractors. 3. Provide weekly updates of project progress, including work during the previous period, work planned in the upcoming period, outstanding RFI’s and other issues, pending change order items, and other relevant project information. 4. Coordinate with Design Team on all Request for Change Proposals, Change Orders, etc. including maintaining a log of all such documents. 5. The City of Fayetteville intends to provide regular project management and construction administration services. Garver will provide field services, progress meetings, progress payment review, and assistance on a bi-monthly basis. 6. Review site visit report from Design Team at least two (2) times per month. 7. Coordinate with the Design Team to conduct Substantial Completion Inspection, coordinate with Garver to create punch list, substantiate that items noted are completed, and issue Substantial Completion Certificate. 8. The Design Team shall be notified to attend all on-site meetings, review and approval all pay requests, and change order review prior to Mayor’s approval. iv. Project Close Out 1. Provide Warranty Services during the entire Warranty Period. Garver to issue Warranty Reports and review items after the GCCM 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 Garver for completeness before transmitting to the City which include but are not limited to: a. Contractor’s red lines and as-built notes Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 RFQ 26-03, GCCM – Plainview Avenue Extension APPENDIX A – SCOPE OF WORK Page 4 of 4 b. Provide as-built record drawings noting any changes to the plans prepared by Garver (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 Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 Page 1 of 1 Attn: Proposal Submitted To:Phone Fax Date 6 / 24 / 26 Street Job Name City, State, & Zip Code Job Location Date of Plans 6/1/26 ITEM #Qty Units $/Units Amount 1 Preconstruction Services 1 LS 30,000.00$ 30,000.00$ - Initial Budget Pricing for Current Pricing Verification - VE Process with Garver, If Needed - Development of Bid Manual and Scope Packages - Evaluation of Bids Through the City of Fayetteville Bid Software and Recommendation to the City 2 Hydro-Excavation & Utility Locates 1 LS 10,500.00$ 10,500.00$ - Hydrovac and Locate Potential Utility Conflicts - Hydrovac and Verify with GPS Water & Sewer Relocations - Coordinate with Utility Companies if Conflicts Arise 3 Geotechnical Exploration & Testing 1 LS 10,000.00$ 10,000.00$ - Geotechnical Samples and Recommendations - ESS Test Pits for Soil Examination All Items Tied Total:TOTAL CHANGE ORDER AMOUNT:$50,500.00 PRECONTRUCTION CALENDAR DAYS:0 Submitted by: Mobile: (573)881-7894 Acceptance of Proposal The above prices, specifications, and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Authorized Signature Date 125 W Mountain St.Plainview Avenue Extension Fayetteville, AR 72701 Fayetteville, AR Addendums Acknowledgedchwebb@fayetteville-ar.gov Garver E-Mail Architect / Engineer Plainview Avenue Extension CMAR Chase Webb, P.E. City of Fayetteville Preconstruction Proposal ITEM DESCRIPTION Change Order Proposal Inclusions & Clarifications NOTES Change Order Proposal Exclusions NOTES Owner Initials: __________ESS Rep Initials: __________ Appendix BDocusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 City of Fayetteville, AR RFQ 26-03, GCCM for Plainview Avenue Extension Page 1 of 24 City of Fayetteville, AR Procurement Division, Room 306 113 W. Mountain Street Fayetteville, AR 72701 Phone: 479-575-8256 TDD (Telecommunication Device for the Deaf): 479.521.1316 Wednesday, April 8, 2026 at 10:00 AM Room #101 of Fayetteville City Hall 113 W. Mountain St., Fayetteville, AR 72701 Amanda Beilfuss, abeilfuss@fayetteville-ar.gov 03/29/26, 03/30/26 & 03/31/26 Request for Qualifications (RFQ’s) shall be submitted in accordance with the attached City of Fayetteville specifications and RFQ documents attached hereto. 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. Any statement of qualification will be rejected that violates or conflicts with state, local, or federal laws, ordinances, or policies. All RFQ’s shall be submitted electronically via the City’s third-party electronic bidding portal at http://fayetteville-ar.gov/bids. If submitting a physical statement of qualifications is necessary, contact the City’s Procurement Division. The proposer hereby offers to furnish & deliver the articles or services as specified, at the terms stated herein, and in strict accordance with the specifications and general conditions of submitting, 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 Procurement Director. RFQ (REQUEST FOR QUALIFICATIONS) App e n d i x C RFQ 2 6 - 0 3 , G C C M - Plain v i e w A v e n u e E x t e n s i o n City I s s u e d R F Q Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 City of Fayetteville, AR RFQ 26-03, GCCM for Plainview Avenue Extension Page 2 of 24 City of Fayetteville RFQ 26-03, GCCM for Plainview Avenue Extension Advertisement The City of Fayetteville is accepting statements of qualifications from construction management firms properly licensed to provide, General Contractor Construction Management services (GCCM) for the Plainview Avenue Extension. The project includes storm drainage, trail, sidewalks, enhanced crosswalks, turn lanes, traffic signal modifications, street lighting, and landscaping. Professional Services required include: 1. Ensure all funds are spent in accordance with State of Arkansas Procurement laws 2. Guaranteed maximum price (GMP) development 3. Cost Estimating 4. Sub-contractor bidding and procurement 5. Project and change order pricing 6. Schedule control 7. Cost reduction and control 8. Project coordination with the design engineer and the City of Fayetteville. 9. Project close out 10. Warranty To be considered, statements of qualification shall be received electronically through the City of Fayetteville, Procurement Division’s online bidding platform by local time. The solicitation RFQ & addendums can be downloaded from the City’s web site at http://fayetteville- ar.gov/bids. All questions regarding the process should be directed to Amanda Beilfuss at abeilfuss@fayetteville-ar.gov. A pre-proposal conference will be held on Wednesday, April 8, 2026 at 10:00 am, in Room #101 of Fayetteville City Hall. All interested parties are encouraged to attend. Firms submitting a statement of qualification shall be qualified to do business and licensed in accordance with all applicable laws of the state and local governments where the project is located. Proposers shall have a current, valid Arkansas Contractor’s License at time of RFQ deadline. Valid registration with the Arkansas Secretary of State will be required before recommendation of award to Fayetteville City Council. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. App e n d i x C RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n City Issu e d RFQ Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 City of Fayetteville, AR RFQ 26-03, GCCM for Plainview Avenue Extension Page 3 of 24 The City of Fayetteville reserves the right to reject any or all proposals and to waive irregularities therein, and all Proposers shall agree that such rejection shall be without liability on the part of the City of Fayetteville for any damage or claim brought by any Proposer because of such rejections, nor shall the Proposers seek any recourse of any kind against the City of Fayetteville because of such rejections. The filing of any Proposal in response to this invitation shall constitute an agreement of the Proposer to these conditions. City of Fayetteville By: Amanda Beilfuss, Procurement Director P: 479.575.8220 abeilfuss@fayetteville-ar.gov TDD (Telecommunications Device for the Deaf): (479) 521-1316 Ad dates: 03.29.26, 03.30.26, and 03.31.26 This publication was paid for by the Procurement Division of the City of Fayetteville, Arkansas. Amount paid: $734.76 App e n d i x C RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n City Issu e d RFQ Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 City of Fayetteville, AR RFQ 26-03, GCCM for Plainview Avenue Extension Page 4 of 24 City of Fayetteville RFQ 26-03, GCCM for Plainview Avenue Extension Section A: General Terms & Conditions SUBMISSION OF A STATEMENT OF QUALIFICATIONS SHALL INCLUDE: Each statement of qualifications (“SOQ” or “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 RFQ in the most cost-effective manner. The term Proposer shall be in reference to a firm or individual responding to this solicitation. The term proposal is used in these documents as equal to statement of qualification. b. A description of the Proposer’s experience in providing the same or similar services as outlined in the RFQ. This description should include the names of the person(s) who will provide the services, their qualifications, and the years of experience in performing this type of work. Also, include the reference information requested in this RFQ. c. Submittal Instructions: Proposers shall go to www.fayetteville-ar.gov/bids and follow the prompts to submit a statement of qualifications within the electronic bidding platform. All Proposers must register in order to be able to submit. There is no fee for registration. If submitting a physical statement of qualifications is necessary, contact the City’s Procurement Division. i. SOQ’s (proposals) shall be prepared simply and economically, providing a straightforward, concise description of its ability to meet the requirements for the project. Fancy bindings, colored displays, and promotional material are not required. Emphasis should be on completeness and clarity of content. All submittals shall be formatted for standard 8 ½” x 11” size documentation. Exceptions would be schematics, exhibits, one-page resumes, and City required forms. Proposals shall be limited to twenty- five (25) pages or less, excluding one- page team resumes, references, and forms required by the City for completion. d. Proposals will be reviewed following the stated deadline, as shown on the cover sheet of this 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 a valid contract has been executed and at that time only for the intended selection. e. Proposers shall submit a statement of qualification based on documentation published by the Fayetteville Procurement Division. f. Proposals shall be uploaded as a single PDF document to the City of Fayetteville’s online electronic bidding platform g. Proposals must follow the format of the RFQ. Proposers should structure their responses to follow the sequence of the RFQ, if provided. App e n d i x C RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n City Issu e d RFQ Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 City of Fayetteville, AR RFQ 26-03, GCCM for Plainview Avenue Extension Page 5 of 24 h. Proposers shall have experience in work of the same or similar nature and must provide references that will satisfy the City of Fayetteville. Proposer may furnish a reference list of clients for whom they have performed similar services and must provide information as requested in this document. i. Proposer is advised that exceptions to any of the terms contained in this RFQ or the attached service agreement must be identified in its response to the RFQ. Failure to do so may lead the City to declare any such term non-negotiable. Proposer’s desire to take exception to a non-negotiable term will not disqualify it from consideration for award. c. Local time shall be defined as the time in Fayetteville, Arkansas on the due date of the deadline. Documents shall be received before the deadline time as shown by the atomic clock located in the Procurement Division Office and electronic clock located in the City’s third-party bidding software. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION: No oral interpretations will be made to any firms as to the meaning of specifications or any other contract documents. All questions pertaining to the terms and conditions or scope of work of this proposal must be sent in writing via e-mail to the Procurement Division. Responses to questions may be handled as an addendum if the response would provide clarification to the requirements of the proposal. All such addenda shall become part of the contract documents. The City will not be responsible for any other explanation or interpretation of the proposed RFQ made or given prior to the award of the contract. RIGHTS OF CITY OF FAYETTEVILLE IN THIS PROCESS: In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the following: a. 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 that 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. e. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the request for statements of qualification or resulting submittal. f. The City of Fayetteville reserves the right to request any necessary clarifications, additional information, or proposal data without changing the terms of the proposal. g. The City of Fayetteville reserves the right to make selection of the Proposer to perform the services required on the basis of the original proposals without negotiation. EVALUATION CRITERIA: The evaluation criteria define the factors that will be used by the selection committee to evaluate and score responsive, responsible and qualified proposals. Proposers shall include sufficient information to allow the App e n d i x C RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n City Issu e d RFQ Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 City of Fayetteville, AR RFQ 26-03, GCCM for Plainview Avenue Extension Page 6 of 24 selection committee to thoroughly evaluate and score proposals. Each proposal submitted shall be evaluated and ranked by a selection committee. The contract will be awarded to the most qualified Proposer, per the evaluation criteria listed in this RFQ. Proposers are not guaranteed to be ranked. COSTS INCURRED BY PROPOSERS: All expenses involved with the preparation and submission of proposals to the City, or any work performed in connection therewith, shall be borne solely by the Proposer(s). No payment will be made for any responses received, or for any other effort required of, or made by, the Proposer(s) prior to contract commencement. ORAL PRESENTATION: An oral presentation and/or interview may be requested of any firm, at the selection committee’s discretion. 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 Procurement Director, in writing, of all potential conflicts of interest for any prospective business association, interest, or other circumstance which may 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 by the 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. WITHDRAWAL OF PROPOSAL: A proposal may be withdrawn at any time. LATE PROPOSAL OR MODIFICATIONS: Proposal and modifications received after the time set for the proposal submittal shall not be considered. Modifications in writing received prior to the deadline will be accepted. The City will not be responsible for misdirected proposals. Proposers should refer to their submission status in the online electronic bidding platform to ensure submission confirmation. CONSTITUTIONAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS: a. The laws of the State of Arkansas apply to any purchase made under this request for statements of qualification. Proposers shall comply with all constitutional, state, and federal directives, orders and laws as applicable to this proposal and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO), Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract. App e n d i x C RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n City Issu e d RFQ Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 City of Fayetteville, AR RFQ 26-03, GCCM for Plainview Avenue Extension Page 7 of 24 b. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. COLLUSION: The Proposer, by affixing his or her signature to this proposal, agrees to the following: “Proposer certifies that his 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.” RIGHT TO AUDIT, FOIA, AND JURISDICITON: a. The City of Fayetteville reserves the privilege of auditing a vendor’s records as such records relate to purchases between the City and said vendor. b. Freedom of Information Act: City contracts and documents prepared while performing City 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 (Contractor) will 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 photocopying costs pursuant to the FOIA may be assessed for this compliance. c. Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law applying to the case. CITY INDEMNIFICATION: The successful Proposer(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the services or any part thereof covered by this order, and such obligation shall survive acceptance of the services and payment thereof by the City. VARIANCE FROM STANDARD TERMS & CONDITIONS: All standard terms and conditions stated in this request for statements of qualification apply to this contract except as specifically stated in the subsequent sections of this document, which take precedence, and should be fully understood by Proposers prior to submitting a proposal on this requirement. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION: Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call 479.521.1316 (telecommunications device for the deaf), not later than seven days prior to the deadline. Persons needing translation of this document shall contact the City of Fayetteville, Procurement Division, immediately. DIGITAL ACCESSIBILITY REQUIREMENTS: If applicable, the awarded Contractor shall provide accessibility conformance reports (ACRs) for any software provided by the Contractor that will be accessible by the public upon delivery, whether developed App e n d i x C RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n City Issu e d RFQ Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 City of Fayetteville, AR RFQ 26-03, GCCM for Plainview Avenue Extension Page 8 of 24 by the Contractor or a third-party. Visit the link for more information: https://www.fayetteville- ar.gov/DocumentCenter/View/39767/Web-Accessibility-Requirements-for-Vendors_-and-Technology- Addendum. a. Contractor must address all accessibility issues in any software provided or licensed by the Contractor and delivered to the City, as well as any documents delivered by the Contractor. b. Contractor must ensure that end user deliverables adhere to the WCAG 2.1 AA standard as defined by title II of the Americans with Disabilities Act. i. Deliverables are defined as any web platform or mobile application, or documents that may be hosted on a web or mobile platform. This includes documents, spreadsheets or presentations regardless of format (Microsoft Office products, PDF, etc.). c. Contractor must ensure accessibility is addressed during all stages of a project, from commencement to implementation. Contractor must meet with City staff at the City’s discretion to review accessibility issues. d. If Contractor deliverables fail to comply with WCAG 2.1 Level AA standard, the Contractor shall provide the City with a credit to cover the cost of additional accessibility testing and resolution. Such credits shall not exceed 5% of either (1) the total fixed price due to the Contractor under the contract or (2) the total not-to-exceed amount of the contract if entered under a time and materials basis. PAYMENTS AND INVOICING: The Proposer must specify in their proposal the exact company name and address which must be the same as invoices submitted for payment as a result of award of this RFQ. Further, the successful Proposer is responsible for immediately notifying the Procurement Division of any company name change, which would cause invoicing to change from the name used at the time of the original RFQ. Payment will be made within thirty days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest or penalty for untimely payments. The City will not agree to allow any increase in hourly rates by the contract without PRIOR Fayetteville City Council approval. CANCELLATION: a. The City reserves the right to cancel this contract without cause by giving thirty (30) days prior notice to the Contractor in writing of the intention to cancel or with cause if at any time the Contractor fails to fulfill or abide by any of the terms or conditions specified. b. Failure of the Contractor to comply with any of the provisions of the contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Fayetteville. c. In addition to all other legal remedies available to the 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. App e n d i x C RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n City Issu e d RFQ Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 City of Fayetteville, AR RFQ 26-03, GCCM for Plainview Avenue Extension Page 9 of 24 d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the vendor of such occurrence and contract shall terminate of the last day of the current fiscal period without penalty or expense to the City. ASSIGNMENT, SUBCONTRACTING, CORPORATE ACQUISITIONS AND/OR MERGERS: a. The GCCM shall perform this contract. No assignment of subcontracting shall be allowed without prior written consent of the City. If a Proposer intends to subcontract a portion of this work, the Proposer shall disclose such intent in the proposal submitted as a result of this RFQ. b. In the event of a corporate acquisition and/or merger, the GCCM shall provide written notice to the City within thirty (30) calendar days of Contractor’s notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this contract, which shall not be unreasonably exercised by the City, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state, or federal laws. Action by the City awarding a proposal to a firm that has disclosed its intent to assign or subcontract in its response to the RFQ, without exception shall constitute approval for purpose of this Agreement. NON-EXCLUSIVE CONTRACT: Award of this RFQ shall impose no obligation on the City to utilize the vendor for all work of this type, which may develop during the contract period. This is not an exclusive contract. The City specifically reserves the right to concurrently contract with other companies for similar work if it deems such an action to be in the City’s best interest. In the case of multiple-phase contracts, this provision shall apply separately to each item. ADDITIONAL REQUIREMENTS: The City reserves the right to request additional services relating to this RFQ from the Proposer. When approved by the City as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such additional requirements as may become necessary. SERVICES AGREEMENT: A written agreement incorporating the RFQ and the successful proposal will be prepared by the City, signed by the successful Proposer, and presented to the Fayetteville City Council for approval and signature of the Mayor. INTEGRITY OF STATEMENT OF QUALIFICATION (RFQ) DOCUMENTS: Proposers shall use the original RFQ form(s) provided by the Procurement Division and enter information only in the spaces where a response is requested. Proposers may use an attachment as an addendum to the RFQ form(s) if sufficient space is not available on the original form for the Proposer to enter a complete response. Any such modifications or alterations a Proposer wishes to propose shall be clearly stated in the Proposer’s RFQ response and presented in the form of an addendum to the original RFQ documents. LOBBYING: Lobbying or communicating with selection committee members, City of Fayetteville employees, or elected officials regarding request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by the bidder/proposer/protestor or any member of the bidder’s/proposer’s/protestor’s App e n d i x C RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n City Issu e d RFQ Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 City of Fayetteville, AR RFQ 26-03, GCCM for Plainview Avenue Extension Page 10 of 24 staff, and agent of the bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an organization that is responding to the request for proposal, request for qualification, bid or contract, or has a pending bid protest is either upon advertisement or on a date established by the City of Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from contacting the Procurement Division to address situations such as clarification and/or questions related to the procurement process. For purposes of this provision lobbying activities or communication 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 be rejected. OTHER GENERAL CONDITIONS: a. Proposers shall provide documentation that their firm currently has a valid Arkansas Contractor’s License. Valid registration with the Arkansas Secretary of State is required at time of contract award. b. Proposers shall provide the City with 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. The request for statement of qualification 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 request for statements of qualification is at the Proposer's own 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 e-mail at (abeilfuss@fayetteville-ar.gov g. No oral interpretation or clarifications will be given as to the meaning of any part of this request for statements of qualification. All questions, clarifications, and requests, together with answers, if any, will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed until after a contract is in place. App e n d i x C RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n City Issu e d RFQ Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 City of Fayetteville, AR RFQ 26-03, GCCM for Plainview Avenue Extension Page 11 of 24 h. 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. i. Any information provided herein is intended to assist the Proposer in the preparation of proposals necessary to properly respond to this RFQ. The RFQ is designed to provide qualified Proposers with sufficient basic information to submit proposals meeting minimum specifications and/or test requirements but is not intended to limit a RFQ’s content or to exclude any relevant or essential data. j. Proposers irrevocably consent that any legal action or proceeding against it under, arising out of or in any manner relating to this Contract shall be controlled by Arkansas law. Proposer hereby expressly and irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of jurisdiction or improper venue or any similar basis. k. The successful Proposer shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of City of Fayetteville. In case the successful Proposer assigns all or any part of any monies due or to become due under this Contract, the Instrument of assignment shall contain a clause substantially to the effect that is agreed that the right of the assignee in and to any monies due or 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. l. 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 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 any jurisdiction 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 City of Fayetteville. INSURANCE: Any project selected under this RFQ shall require professional liability insurance in the amount of $10 million US dollars, at minimum. Such Certificate of Insurance shall list the City as an additional insured and not be required unless firm is awarded a contract. Certificate of insurance shall be provided within 10 (ten) calendar days after contract award. The City reserves the right to provide builder’s risk insurance in the event it results in a cost savings to the overall project. i. Professional/Comprehensive General Liability Insurance: Minimum $10 million ii. Builder’s Risk iii. Worker’s Compensation: Statutory amount iv. General Automotive Insurance as required by state law App e n d i x C RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n City Issu e d RFQ Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 City of Fayetteville, AR RFQ 26-03, GCCM for Plainview Avenue Extension Page 12 of 24 SELECTION CRITERIA: The evaluation criterion below defines the factors which will be used by the selection committee to evaluate and score responsive, responsible and qualified proposals. The evaluation factors are as follows: 1. 30 Points – Specialized experience and technical competence of the firm with respect to the type of professional services required 2. 25 Points – Capacity and capability of the firm to perform the work in question including specialized services, within the time limitations fixed for the completion of the project 3. 25 Points – Past record of performance of the firm with respect to such factors as control of costs, quality of work, and ability to meet schedules and deadlines 4. 20 Points – Firm’s proximity to and familiarity with the area in which the project is located Price shall not be a considered a factor used to select a vendor. Price and fees will not be considered until the negotiating process and will be a factor in the award of any proposed contract. In the event the City is not able to negotiate a successful contract with the selected vendor, the City reserves the right to cease negotiations with such selected vendor and proceed on to the next selected vendor. App e n d i x C RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n City Issu e d RFQ Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 City of Fayetteville, AR RFQ 26-03, GCCM for Plainview Avenue Extension Page 13 of 24 City of Fayetteville RFQ 26-03, GCCM for Plainview Avenue Extension Section B: Project Summary and Scope of Work PROJECT SUMMARY a. The City of Fayetteville is accepting statements of qualifications from licensed professionals to provide general contractor construction management (GCCM) services for the Plainview Extension Project. This project includes storm drainage, trail, sidewalks, enhanced crosswalks, turn lanes, traffic signal modifications, street lighting, and landscaping. b. Project Sections: The project consists of two (2) separate sections to include the following. These project sections may be scheduled to be constructed concurrently: i. Section 1 – Plainview Avenue Extension from Longview Street to the Fiesta Square Shopping Center 1. Street sidewalk and associated drainage construction on a new location 2. Water and sewer relocations and coordination with franchise utilities for other necessary relocations. 3. 3-barrel box culvert installation ii. Section 2 – Extension of Rolling Hills Drive west of College Avenue and extension of Plainview Drive south through the Fiesta Square Shopping Center 1. Demolition of existing parking lot and driveway pavement 2. Construction of street sidewalk and related drainage improvements 3. Signal modifications at Rolling Hills and College Avenue 4. Construction of a roundabout at the intersection of Rolling Hills and Plainview 5. Water and sewer relocations and coordination franchise utilities for other necessary relocations 6. Coordination with adjacent businesses for temporary traffic pattern modifications 7. Parking lot restriping and reconfiguration on adjacent properties in accordance with design plans c. Garver, Inc. (Engineer) is serving as the lead design professional for this project. d. Project Funding: The total project funding is to be provided by a voter approved bond item. PROJECT INFORMATION & REQUIREMENTS a. Request for Qualifications (RFQ) responses shall be submitted from one single primary construction manager firm with each additional contracted third party as a subcontractor to the primary. The primary firm in addition to any contracted third party shall be disclosed with the RFQ response and be considered the project team for the overall construction scope of the project. This requirement to provide sub-consultant professionals does not include subcontractor trades for the actual construction items (Electrical, Masonry etc.) as those items will be bid after contract award. App e n d i x C RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n City Issu e d RFQ Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 City of Fayetteville, AR RFQ 26-03, GCCM for Plainview Avenue Extension Page 14 of 24 b. Responses price, hourly rates, or any pricing structure. Pricing shall be negotiated with the top ranked selected firm only and is not considered part of this selection. The City intends to negotiate each phase as a not to exceed fee with the selected firm. c. It is the intent of this solicitation to enter into a mutually beneficial agreement indicated by the draft provided with this RFQ. d. The Primary responding firm shall be experienced in constructing a wide variety of streetscape elements such as; street reconstruction, shared-use paved trails, sidewalks, stormwater infrastructure, lighting, signalization, landscaping, irrigation and specific pavement materials. Respondents to this RFQ shall submit at least three (3) similar type projects within the past 10 years that demonstrates successful street projects. Projects listed shall have been completed by the employees/associates that will be assigned to this project. 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. b. PHASE 1: Pre-Construction Services i. Construction Documents Phase 1. GCCM shall develop a construction phasing plan. 2. GCCM shall develop a construction schedule. 3. GCCM 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 Garver 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 Staff to resolve comments. 7. Assist Garver in responding in writing to all City of Fayetteville comments on plans. 8. Assist Garver in coordinating with City-owned utilities, private utilities, and service providers. App e n d i x C RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n City Issu e d RFQ Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 City of Fayetteville, AR RFQ 26-03, GCCM for Plainview Avenue Extension Page 15 of 24 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 for required approvals. 11. Assist Garver and the City with the bid form and identify all separate trade packages. 12. Facilitate with the Design Team in conducting cost-benefit analyses to understand construction costs, life-cycle cost impacts and long-term maintenance costs. 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 Procurement Division to ensure all procedures followed for this phase meet state laws and City of Fayetteville Procurement Policies. 2. Provide services for reproduction and dissemination of bid sets (project manual and stamped drawings) to the City Design Team [PM (1), Procurement (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 Procurement 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 holders 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 Procurement Division during pre-bid meeting(s) and facilitate and attend the Bid Opening. 5. Maintain open communication with the City Procurement Division during any process involving Request for Information (RFI). 6. Any addenda shall be provided to the Procurement 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. App e n d i x C RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n City Issu e d RFQ Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 City of Fayetteville, AR RFQ 26-03, GCCM for Plainview Avenue Extension Page 16 of 24 7. In the event the GCCM desires to self-perform a portion of the work or a trade package, the GCCM shall submit a bid package in the same time and manner as other interested parties. 8. Assist with the design of all Bid Proposals. 9. Review Garver’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 Procurement 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. 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 sub-contractors. 3. Provide weekly updates of project progress, including work during the previous period, work planned in the upcoming period, outstanding RFI’s and other issues, pending change order items, and other relevant project information. 4. Coordinate with Design Team on all Request for Change Proposals, Change Orders, etc. including maintaining a log of all such documents. 5. The City of Fayetteville intends to provide regular project management and construction administration services. Garver will provide field services, progress meetings, progress payment review, and assistance on a bi-monthly basis. 6. Review site visit report from Design Team at least two (2) times per month. 7. Coordinate with the Design Team to conduct Substantial Completion Inspection, coordinate with Garver to create punch list, substantiate that items noted are completed, and issue Substantial Completion Certificate. App e n d i x C RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n City Issu e d RFQ Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 City of Fayetteville, AR RFQ 26-03, GCCM for Plainview Avenue Extension Page 17 of 24 8. The Design Team shall be notified to attend all on-site meetings, review and approval all pay requests, and change order review prior to Mayor’s approval. ii. Project Close Out 1. Provide Warranty Services during the entire Warranty Period. Garver to issue Warranty Reports and review items after the GCCM 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 Garver 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 Garver (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 PROFESSIONAL SERVICES AND ADDITIONAL REQUIREMENTS a. Professional Services: i. Any entity responding to this RFQ shall be a current licensed contractor with the State of Arkansas Contractor’s Licensing Board with a classification that is acceptable for this RFQ’s Scope of Work. Failure to hold a current contractor’s license shall result in submittal rejection. All subcontractors on the project shall be properly licensed by the State of Arkansas Contractor’s Licensing Board. ii. Any industry standard cost share or savings incentive practices desired for discussion during contract negotiations should be disclosed with RFQ response. Cost sharing practice shall be presented in the format of a general best practices approach and contract terms and shall not include pricing related figures. iii. The resulting contract of this solicitation shall be a Guaranteed Maximum Price (GMP) construction contract; however, price itself shall not be considered until a firm has been selected based on qualifications. Price will be negotiated with the most qualified firm, as evaluated and voted on by the selection committee. iv. Performance and payment bonding. 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 100% separate performance and payment bonds to the City of Fayetteville after being file marked at the Washington County Circuit Clerk’s Office. App e n d i x C RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n City Issu e d RFQ Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 City of Fayetteville, AR RFQ 26-03, GCCM for Plainview Avenue Extension Page 18 of 24 v. Construction contracts for the project shall not be entered into without 100% payment and performance bonds 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. The GCCM shall hold all trade contracts and purchase orders and shall bond and guarantee the project. vi. After contract award, the awarded GCCM 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’s Compensation, and Automobile coverage. Such insurance shall be kept in full force and in effect until all work has been satisfactorily completed and accepted. All certificates of insurance shall list the City of Fayetteville as an additional insured. The City of Fayetteville reserves the right to bind builder’s risk insurance for this project in the event it results in a cost savings to the City. vii. Ensure all funds spent are in accordance with State of Arkansas procurement laws, including but not limited to: 1. Ensuring GCCM maintains a proper license with the Arkansas Contractors Licensing Board 2. Ensuring all subcontractors on the project are properly licensed by the Arkansas Contractors Licensing Board 3. Compliance with Arkansas state law including but not limited to sections: o A.C.A. § 14-58-1001 o A.C.A. § 19-65-102 o A.C.A. § 17-25-101 o A.C.A. § 17-38-101 o A.C.A. § 17-33-101 o A.C.A. § 12-80-101 o A.C.A. § 22-9-101 o A.C.A. § 22-9-103 o A.C.A. § 22-9-104 o A.C.A. § 22-9-213 o A.C.A. § 22-9-401 o A.C.A. § 22-9-501 o A.C.A. § 22-9-601 o A.C.A. § 22-9-701 o And all competitive bidding statutes shall remain in full force and effect and not be affected hereby App e n d i x C RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n City Issu e d RFQ Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 City of Fayetteville, AR RFQ 26-03, GCCM for Plainview Avenue Extension Page 19 of 24 o This project shall not authorize a design-build project contract or sub- contracts 4. Project and change order pricing 5. Schedule control 6. Cost reduction and control 7. Project coordination 8. Project close out 9. Warranty SUBMITTAL REQUIREMENTS a. In order to issue a uniform review process and to obtain the maximum degree of comparability, all Proposers shall submit the following information with proposal, at a minimum: i. Title Page: Show the name of agency/firm, address, and telephone number, name of contact person, date, and subject: RFQ 26-03. ii. Table of Contents: Include a clear identification of the material by section and by page number. iii. Letter of Interest: Name, address, brief history of firm and Submitter’s interest in the proposed project. Briefly state the agency/firm understands the work to be done and makes a positive commitment to perform the work. Give the name of the person(s) who will be authorized to make representation for the Submitter, their titles, addresses and telephone numbers. Describe the perceived strengths to carry out the project. iv. Project Team Organization: Provide an organizational chart indicating the relationship between the Submitter’s staff members who have responsibilities related to this project. Indicate on the chart the names of key personnel and their titles. Submit professional qualifications and resumes of staff to be assigned to this project, showing where they have performed work on similar projects including Construction Management GMP projects. v. Specialized and Past Experience: Provide information regarding past experience in relation the services requested in this RFQ including information pertaining to customer satisfaction, timely completion, and meeting budgets on similar projects executed under a GMP contracting format. . vi. Schedule: Submitter shall provide a general schedule for the completion of the scope of the specified project. vii. Additional Background: All Submitters are invited to include information not included above which may be useful and applicable to this project. b. Items to Specifically Include with Response: Responses shall include the following in addition to other requirements specified: App e n d i x C RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n City Issu e d RFQ Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 City of Fayetteville, AR RFQ 26-03, GCCM for Plainview Avenue Extension Page 20 of 24 i. Prior experience constructing streetscape and similar project types. ii. Statement regarding understanding of pre-construction services and approach to billing for pre-construction services. Included as part of this statement should include a clear definition of understanding for what a Guaranteed Maximum Price (GMP) means. iii. Records of management teams on similar projects with timely completion, and high-quality workmanship. iv. Records of previous similar projects with owner verification and contact information. Please provide contact information including reference contacts of the owner and architect on at least three (3) projects within the past ten (10) years. v. Current and projected workload vi. Current maximum bonding capacity and rate vii. Proof of licensure from the State of Arkansas Contractor’s Licensing Board ADDITIONAL INFORMATION a. Appendix A – Map of Project Overview b. Appendix B – Map of Roundabout Exhibit END OF PROJECT SUMMARY AND SCOPE OF WORK App e n d i x C RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n City Issu e d RFQ Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 City of Fayetteville, AR RFQ 26-03, GCCM for Plainview Avenue Extension Page 21 of 24 City of Fayetteville RFQ 26-03, GCCM for Plainview Avenue Extension Section C: Signature Submittal DISCLOSURE INFORMATION a. Proposer shall disclose any possible conflict of interest or disclose any financial interest with the City of Fayetteville, including, but not limited to, City of Fayetteville employees. Proposer response shall disclose if a known relationship exists between any principal or employee of submitting firm or its team members or sub-consultants, 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 for your bid/proposal to be eligible for consideration. ___________1) NO KNOWN RELATIONSHIP EXISTS ___________2) RELATIONSHIP EXISTS (Please explain): __________________________________ _______________________________________________________________________________ _______________________________________________________________________________ c. I certify that; as an officer of this organization, or per the attached letter of authorization, I 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. d. Proposer agrees that they shall have a current, valid registration with the Arkansas Secretary of State at time of award from Fayetteville City Council. e. 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 any time in which they are entering into, or while 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. f. 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 any time in which they are entering into, or while 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. App e n d i x C RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n City Issu e d RFQ Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 City of Fayetteville, AR RFQ 26-03, GCCM for Plainview Avenue Extension Page 22 of 24 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. Corporate Name of Firm: __________________________________________________________________ Primary Contact: ___________________________ Title of Primary Contact: _________________________ Phone#1 (cell preferred): ____________________________Phone#2: ______________________________ E-Mail Address: __________________________________________________________________________ ACKNOWLEDGEMENT OF ADDENDA 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 RFQ 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 vendor to disqualification. 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. App e n d i x C RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n City Issu e d RFQ Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 City of Fayetteville, AR RFQ 26-03, GCCM for Plainview Avenue Extension Page 23 of 24 SUB CONSULTANTS AND TEAM INFORMATION: Proposer hereby certifies that proposals from the following consultants were used in the preparation of this statement of qualification. Proposer shall attach additional pages if necessary. ___________________________________________________________________________ Subcontractor's Name: ____________________________________________________________________ Arkansas License No: _____________________________________________________________________ Address: _______________________________________________________________________________ Date Firm Established: ____________________________________________________________________ Percentage of Work: ______________________________________________________________________ ___________________________________________________________________________ Subcontractor's Name: ____________________________________________________________________ Arkansas License No: _____________________________________________________________________ Address: _______________________________________________________________________________ Date Firm Established: ____________________________________________________________________ Percentage of Work: ______________________________________________________________________ ___________________________________________________________________________ Subcontractor's Name: ____________________________________________________________________ Arkansas License No: _____________________________________________________________________ Address: _______________________________________________________________________________ Date Firm Established: ____________________________________________________________________ Percentage of Work: ______________________________________________________________________ App e n d i x C RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n City Issu e d RFQ Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 City of Fayetteville, AR RFQ 26-03, GCCM for Plainview Avenue Extension Page 24 of 24 SIGNATURE SUBMITTAL NAME OF COMPANY: _____________________________________________________________________ PHYSICAL ADDRESS: ______________________________________________________________________ MAILING ADDRESS: _______________________________________________________________________ TAX ID #: __________________________ AR. SECRETARY OF STATE FILING #: ________________________ PHONE: _____________________________________ SAM UEI #: _________________________________ E-MAIL: ________________________________________________________________________________ SIGNATURE: _____________________________________________________________________________ PRINTED NAME: _________________________________________________________________________ TITLE: _______________________________________ DATE: _____________________________________ END OF RFQ DOCUMENT App e n d i x C RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n City Issu e d RFQ Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 AC UNIT BOX CONTROL TRAFFIC SD AC UNIT AC UNIT SD SD FAY ET T E VILL E , ARKA N SAS CITY O F FAY ET T E VILL E EXTE NSIO N PLAINV IEW AV ENU E DRAWN BY: BY DATE: JOB NO.: DESIGNED BY: REV. DA TE DESCR IPTIO N ORIGINAL DRAWING BAR IS ONE INCH ON 0 1" DRAWING NUMBER L:\20 2 0 \20 T21 0 4 0 - Fayetteville Plainv iew Avenu e Extension \Drawing s\M ISC\Exh ibits\20 2 5 -10 Layo u t Exh ibit\ 20 2 6 -03 -11 FP AE_EXH .dg n W O RKSP ACE: JAA dam s G arver_2 0 1 2 3/13 /20 2 6 1:40 :00 PM © 2025 GARVER, LLC AGREEMENT FOR THIS WORK. PROFESSIONAL SERVICES ALLOWED IN THE GOVERNING GARVER, LLC OR EXPLICITLY AUTHORIZED IN WRITING BY HEREIN, IS PROHIBITED UNLESS THE IDEAS AND DESIGN CONTAINED OF THIS DOCUMENT, ALONG WITH REPRODUCTION, OR DISTRIBUTION GARVER, LLC. ANY USE, SERVICE AND ARE PROPERTY OF INSTRUMENTS OF PROFESSIONAL HEREIN, SHALL BE CONSIDERED IDEAS AND DESIGNS CONVEYED THIS DOCUMENT, ALONG WITH THE ADJUST SCALES ACCORDINGLY. IF NOT ONE INCH ON THIS SHEET, REVISED DA TE : 20T21040 OCT. 2025 CENTERS, INC. MATHIAS SHOPPING 765-02336-000 N. PLAINV IEW AV E. COLLEGE AVE. COLLEGE AVE. 0'30'60'120'180' (IN FEET) N EXH 1 CENTERS, INC. MATHIAS SHOPPING 765-02333-000 CENTERS, INC. MATHIAS SHOPPING 765-02330-000 CENTERS, INC. MATHIAS SHOPPING 765-02331-000 CENTERS, INC. MATHIAS SHOPPING 765-02330-000 CENTERS, INC. MATHIAS SHOPPING 765-02335-000 & RAMAH SUE SLONE, MICHAEL DAVID 765-15770-000 DAVID & RAMAH SUE SLONE, MICHAEL 765-15927-000 CENTERS, INC. MATHIAS SHOPPING 765-15917-001 DAVID & RAMAH SUE SLONE, MICHAEL 765-15927-000 CENTERS, INC. MATHIAS SHOPPING 765-02333-000 CENTERS INC. MATHIAS SHOPPING 765-15927-001 ZTM EXISTING RIGHT OF WAY PROPOSED EASEMENT LEGEND EXISTING PROPERTY LINE EXISTING EASEMENT PROPOSED RIGHT OF WAY PROPOSED STORM SEWER EASEMENT TEMPORARY CONSTRUCTION HILL S DR. E. ROLL ING FALCONS LANDING LLC 765-15758-000 MATHIAS SHOPPING CENTERS, INC. 765-02334-000 CENTERS, INC. MATHIAS SHOPPING 765-02334-000 TSA EXHIBIT 1 75' I.C.D. E. LON GV IEW ST. Appendix A App e n d i x C RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n City Issu e d RFQ Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 SD SD MH MW MH SD AC UNIT BOX CONTROL TRAFFIC SD MW SD MW SD SD AC UNIT AC UNIT SD SD SD SD FAY ET T E VILL E , ARKA N SAS CITY O F FAY ET T E VILL E EXTE NSIO N PLAINV IEW AV ENU E DRAWN BY: BY DATE: JOB NO.: DESIGNED BY: REV. DA TE DESCR IPTIO N ORIGINAL DRAWING BAR IS ONE INCH ON 0 1" DRAWING NUMBER L:\20 2 0 \20 T21 0 4 0 - Fayetteville Plainv iew Avenu e Extension \Drawing s\M ISC\Exh ibits\20 2 5 -10 Layo u t Exh ibit\ 20 2 6 -01 -05 FP AE_EXH .dg n W O RKSP ACE: JAA dam s G arver_2 0 1 2 1/5/20 2 6 3:46 :11 PM © 2025 GARVER, LLC AGREEMENT FOR THIS WORK. PROFESSIONAL SERVICES ALLOWED IN THE GOVERNING GARVER, LLC OR EXPLICITLY AUTHORIZED IN WRITING BY HEREIN, IS PROHIBITED UNLESS THE IDEAS AND DESIGN CONTAINED OF THIS DOCUMENT, ALONG WITH REPRODUCTION, OR DISTRIBUTION GARVER, LLC. ANY USE, SERVICE AND ARE PROPERTY OF INSTRUMENTS OF PROFESSIONAL HEREIN, SHALL BE CONSIDERED IDEAS AND DESIGNS CONVEYED THIS DOCUMENT, ALONG WITH THE ADJUST SCALES ACCORDINGLY. IF NOT ONE INCH ON THIS SHEET, REVISED DA TE : 20T21040 OCT. 2025 E APP LE BY RD. CENTERS, INC. MATHIAS SHOPPING 765-02336-000 GTW 4 PROPERTIES LLC 765-15915-000 N. PLAINVIEW AV E. COLLEGE AVE. COLLEGE AVE. 0'30'60'120'180' (IN FEET) N EXH 1 CENTERS, INC. MATHIAS SHOPPING 765-02337-000 CENTERS, INC. MATHIAS SHOPPING 765-02333-000 CENTERS, INC. MATHIAS SHOPPING 765-02330-000 CENTERS, INC. MATHIAS SHOPPING 765-02331-000 CENTERS, INC. MATHIAS SHOPPING 765-02330-000 OF ARKANSAS, INC. GOODWILL INDUSTRIES 765-15929-001 CENTERS, INC. MATHIAS SHOPPING 765-02335-000 & RAMAH SUE SLONE, MICHAEL DAVID 765-15770-000 DAVID & RAMAH SUE SLONE, MICHAEL 765-15927-000 CENTERS, INC. MATHIAS SHOPPING 765-15917-001 DAVID & RAMAH SUE SLONE, MICHAEL 765-15927-000 CENTERS, INC. MATHIAS SHOPPING 765-02333-000 CENTERS INC. MATHIAS SHOPPING 765-15927-001 ZTM EXISTING RIGHT OF WAY PROPOSED EASEMENT LEGEND EXISTING PROPERTY LINE EXISTING EASEMENT PROPOSED RIGHT OF WAY PROPOSED STORM SEWER EASEMENT TEMPORARY CONSTRUCTION HILL S DR. E. ROLL ING FALCONS LANDING LLC 765-15758-000 MATHIAS SHOPPING CENTERS, INC. 765-02334-000 CENTERS, INC. MATHIAS SHOPPING 765-02334-000 TSA EXHIBIT 1 75' I.C.D. Appendix B App e n d i x C RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n City Issu e d RFQ Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 C i t y o f F a y e t t e v i l l e , A R R F Q 2 6 -0 3 , A d d e n d u m 1 P a g e 1 | 2 RFQ 26-03, Addendum 1 Monday, April 13, 2026 All Prospective Suppliers Amanda Beilfuss – 479.575.8220 – abeilfuss@fayetteville-ar.gov RFQ 26-03, GCCM – Plainview Avenue Extension 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 RFQ. 1. A non-mandatory pre-proposal conference was held on Wednesday, April 8, 2026, at 10:00 AM in Room #101 of Fayetteville City Hall The sign-in sheet of attendees is attached to this addendum for disclosure to all interested parties. a. Attendees: i. City of Fayetteville: 1. Amanda Beilfuss, Procurement Director 2. Justin Bland, City Engineer ii. Vendors: 1. APAC Central 2. The following questions have been received and answered by City Staff.: a. Question: Who is doing the 3rd party testing? i. Answer: The City will contract out the 3rd party testing for the project directly with a materials testing company. b. Question: Will any overnight work be necessary? i. Answer: If traffic signal work (including relocation) is required, yes, overnight work will be necessary to not disrupt traffic flow. c. Question: How much drainage is required in the project? i. Answer: A multi-barrel culvert crossing at the NE corner of the Harp’s building is the major drainage improvement. Aside from that there is typical roadway drainage improvements the length of the project with inlets/junction boxes and occasional storm pipe crossings. App e n d i x C RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n City Issu e d RFQ Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 C i t y o f F a y e t t e v i l l e , A R R FQ 2 6 - 0 3 , A d d e n d u m 1 P a g e 2 | 2 d. Question: Will any building demolition be required? i. Answer: No building demolition required. All buildings and existing signage will not be affected by this project. App e n d i x C RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n City Issu e d RFQ Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 App e n d i x C RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n City Issu e d RFQ Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 RFQ 26-03 Addendum 1 Emery Sapp & Sons Supplier Response Event Information Number:RFQ 26-03 Addendum 1 Title:GCCM for Plainview Avenue Extension Type:Request for Qualifications Issue Date:3/29/2026 Deadline:4/22/2026 02:00 PM (CT) Notes:The City of Fayetteville is accepting statements of qualifications from construction management firms properly licensed to provide, General Contractor Construction Management services (GCCM) for the Plainview Avenue Extension. The project includes storm drainage, trail, sidewalks, enhanced crosswalks, turn lanes, traffic signal modifications, street lighting, and landscaping. Any questions regarding this RFQ should be directed to Amanda Beilfuss at abeilfuss@fayetteville-ar.gov. Contact Information Contact:Amanda Beilfuss Address:Procurement Room 306 City Hall 113 West Mountain Street - Room 306 Fayetteville, AR 72701 Email:abeilfuss@fayetteville-ar.gov Vendor: Emery Sapp & Sons RFQ 26-03 Addendum 1Page 1 of 2 pages App e n d i x D RFQ 2 6 - 0 3 , G C C M - Plain v i e w A v e n u e E x t e n s i o n Eme r y S a p p ' s S u b m i t t a l Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 Emery Sapp & Sons Information Contact:Josh Doerhoff Address:2301 I-70 Drive NW Columbia, MO 65202 Phone:(573) 445-8331 Email:Josh.Doerhoff@emerysapp.com Web Address:www.emerysapp.com By submitting your response, you certify that you are authorized to represent and bind your company. Jason Eldredge jason.eldredge@emerysapp.com Signature Email Submitted at 4/22/2026 08:51:05 AM (CT) Requested Attachments RFQ 25-16, Response Submittal RFQ 26-03, GCCM - Plainview Avenue Extension_Emery Sapp & Sons.pdf Please upload your RFQ proposal, including the required signature forms from the RFQ document, located in the 'Attachments' tab. Bid Attributes 1 Check Yes or No: 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 any time in which they are entering into, or while 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. Yes, I agree No, I don't agree 2 Check Yes or No: 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 any time in which they are entering into, or while 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. Yes, I agree No, I don't agree 3 Addendum Acknowledgement By selecting "I agree", you acknowledge that you have read all addendum(s) that have been issued for this solicitation, if applicable. I agree Vendor: Emery Sapp & Sons RFQ 26-03 Addendum 1Page 2 of 2 pages App e n d i x D RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n Eme r y Sap p ' s Sub m i t t a l Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 RFQ 26-03PLAINVIEW AVENUE EXTENSION General Contractor Construction Management CODY VANDEGRIFFE PROJECT EXECUTIVE cody.vandegriffe@emerysapp.com 479.844.5030 APRIL 22, 2026POINT OF CONTACT EMERY SAPP & SONS 5168-A North Oak Springdale, AR 72764 479.844.5030 App e n d i x D RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n Eme r y Sap p ' s Sub m i t t a l Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 2RFQ 26-03 GCCM | City of Fayettville | Plainview Avenue Extension TABLE OF CONTENTS TAB CONTENT PAGE Letter of Interest 3 1 PROJECT TEAM EXPERIENCE 4 Organizational Chart 5 Resumes 6 2 SPECIALIZED & PAST EXPERIENCE 13 3 SCHEDULE 20 4 PRE-CONSTRUCTION SERVICES 22 5 CURRENT & PROJECTED WORKLOAD 26 6 BONDING CAPACITY & RATE 28 7 ARKANSAS CONTRACTOR’S LICENSE 30 8 REQUIRED FORMS 32 9 ADDITIONAL BACKGROUND 37 MAPLE STREET IMPROVEMENTS Fayetteville, AR Click section for easy access App e n d i x D RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n Eme r y Sap p ' s Sub m i t t a l Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 3RFQ 26-03 GCCM | City of Fayettville | Plainview Avenue Extension City of Fayetteville, AR Procurement Division, Room 306 113 W. Mountain Street Fayetteville, AR 72701 RE: RFQ 26-03 GCCM | Plainview Avenue Extension Dear Ms. Beilfuss and Members of the Selection Committee: The City of Fayetteville’s continued growth has created a need for infrastructure that improves connectivity, safety, and long-term mobility. The Plainview Avenue Extension represents a key investment in that effort, linking important corridors, enhancing multimodal access, and improving traffic operations. Delivering this project will require not only technical expertise, but careful coordination with adjacent businesses, utility providers, and the traveling public. Emery Sapp & Sons (ESS) is well positioned to serve as the City’s General Contractor Construction Manager, providing the full range of services outlined in this RFQ. From pre-construction and GMP development through construction, coordination, and closeout, we understand the complexities of roadway extensions that include utility relocations, drainage infrastructure, and phased construction across active corridors. Our team brings a proactive, transparent approach to cost estimating, schedule control, subcontractor procurement, and risk management to ensure the City’s investment is delivered efficiently and in compliance with Arkansas procurement requirements. For more than 50 years, ESS has specialized exclusively in civil infrastructure construction, delivering complex transportation and utility projects for clients throughout Arkansas. Our teams bring extensive experience in Northwest Arkansas, including prior work with the City of Fayetteville on the Maple Street Improvements and Porter Road Roundabout projects. This experience provides a strong understanding of the City’s standards, stakeholder expectations, and the level of coordination required to successfully deliver projects in this community. In addition, our well-established relationships with local utility providers support proactive coordination, streamlined conflict resolution, and more reliable scheduling throughout both pre-construction and construction. As your GCCM, we bring a dedicated civil construction focus, deep pre-construction expertise, and a proven ability to manage multi-phase infrastructure projects while maintaining access for businesses and the public. We are committed to close collaboration with the City, Garver, and local stakeholders, with an emphasis on clear communication and minimizing disruption throughout construction. ESS understands the scope and requirements of the Plainview Avenue Extension and is committed to delivering GCCM services that meet the City’s expectations for quality, cost control, and schedule performance. Project Executive Cody Vandegriffe will serve as your primary point of contact, accountable for the successful delivery of this project. We look forward to partnering with the City of Fayetteville to deliver infrastructure that supports continued growth and enhances the community for years to come. JASON ELDREDGE Assistant Vice President jason.eldredge@emerysapp.com | o 479.844.5030 | m 479.531.2235 Emery Sapp & Sons, Inc. | 5168-A North Oak | Springdale, Arkansas 72764 App e n d i x D RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n Eme r y Sap p ' s Sub m i t t a l Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 4RFQ 26-03 GCCM | City of Fayettville | Plainview Avenue Extension PROJECT TEAM ORGANIZATION 1 App e n d i x D RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n Eme r y Sap p ' s Sub m i t t a l Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 5RFQ 26-03 GCCM | City of Fayettville | Plainview Avenue Extension PROJECT TEAM LEGEND KEY PERSONNEL The proposed project team in Figure 1A consists of experienced professionals with demonstrated success delivering roadway and infrastructure projects similar in scope to the Plainview Avenue Extension. This fully integrated team structure positions the project for successful delivery and maximizes value for the City throughout the life of the Plainview Avenue Extension project. Cody Vandergriffe, Project Executive, will serve as the City’s primary point of contact and provide overall executive oversight. Jeff Wilson, Pre-construction Manager, will lead pre-construction planning, cost development, and constructability reviews. Andrew Hall, Schedule Manager, will oversee project scheduling, sequencing, and phasing throughout both pre-construction and active operations. Keith Coleman, Project Manager, and Chad Wallis, Project Superintendent, will manage day-to-day construction activities, including field coordination, safety, and quality control. Rodney Mapes, Health & Safety Manager, will provide safety oversight through development of the project-specific safety plan, periodic site audits, and safety support to the project team. Steve King, Field Operations Manager, will provide operational oversight and periodic site reviews to support field execution and ensure alignment with ESS standards. PRE-CONSTRUCTION OPERATIONS JEFF WILSONPre-constructionManager KEITH COLEMANProject Manager CHAD WALLISProject Superintendent STEVE KINGField OperationsManager RODNEY MAPESHealth & SafetyManager CODY VANDEGRIFFE MAIN POINT OF CONTACTProject Executive NWA Local Team Member Project Core Team Project Support Staff During Pre-construction During Operations ANDREW HALLScheduleManager Click names to view resumes Figure 1A. Plainview Avenue Extension Project Organization Chart App e n d i x D RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n Eme r y Sap p ' s Sub m i t t a l Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 6RFQ 26-03 GCCM | City of Fayettville | Plainview Avenue Extension FIRM Emery Sapp & Sons YEARS OF EXPERIENCE 9 YEARS AT CURRENT FIRM 9 EDUCATION Bachelor of Business Administration Business Administration & Management, General University of Missouri TRAINING + CERTIFICATIONS FMI Leadership Institute - Leadership Development Program - Project Manager Academy OSHA 10-Hour Certified CODY VANDEGRIFFE PROJECT EXECUTIVE With 9 years of experience in project management, estimating, and job cost accounting, Cody brings a strong background in municipal infrastructure and roadway improvement projects. His experience across Northwest Arkansas includes transportation, street and utility improvements, and other public-sector work. Having managed CM/GC, DOT, and hard-bid municipal projects, Cody understands the coordination, scheduling, and stakeholder engagement required for successful projects like the Plainview Avenue Extension. His clear communication and field-focused approach are key assets in delivering safe, efficient, and community-focused infrastructure improvements. 28th Street Park & Bright Road | Bentonville, AR 8th Street Gateway Park | Bentonville, AR LOCATION Fayetteville, AR OWNER City of Fayetteville CONTRACT $3.4M DESCRIPTION ESS collaborated with the City of Fayetteville and the University of Arkansas to complete the pre-construction and CMAR phase of the Maple Street Improvements project. As Project Manager, Cody developed traffic control plans to allow students safe access to campus while preventing disruptions to active traffic. Cody provided budgets and schedules to the owners as well as creating bid manuals for subcontractors by dividing scopes into specific trades, ultimately lowering the initial project cost. LOCATION Fayetteville, AR OWNER City of Fayetteville CONTRACT $2.89M DESCRIPTION As Project Manager of the Porter Road Roundabout, Cody worked closely with the City of Fayetteville to develop a site improvement plan and intersection for the new Fayetteville Police Headquarters. This project spanned multiple phases and included grading and excavating, site utilities including storm drainage, curb and gutter, stamped colored concrete and asphalt paving. Upon completion, ESS constructed a new roundabout, intersection and roadway improvements while maintaining the flow of traffic. MAPLE STREET IMPROVEMENTS PORTER ROAD ROUNDABOUT App e n d i x D RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n Eme r y Sap p ' s Sub m i t t a l Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 7RFQ 26-03 GCCM | City of Fayettville | Plainview Avenue Extension FIRM Emery Sapp & Sons YEARS OF EXPERIENCE 37 YEARS AT CURRENT FIRM 5 INDUSTRY INVOLVEMENT Associated Builders & Contractors, Arkansas Chapter Associated General Contractors of America, Arkansas Chapter TRAINING + CERTIFICATIONS OSHA 30-Hour Certified Hard Dollar Certification, University of Arkansas Northwest Arkansas, Stormwater Management Certification JEFF WILSON PRE-CONSTRUCTION MANAGER With 37 years of experience in the civil construction industry, Jeff brings deep expertise in estimating and pre-construction management for municipal infrastructure and roadway projects. His longstanding relationships with local subcontractors, material suppliers, and City stakeholders are vital assets in developing accurate, competitive, and reliable project budgets. As Pre- construction Manager for the Plainview Avenue Extension, Jeff will oversee quantity take-offs, cost estimating, bid package development, supplier negotiations, and budget reviews. Leveraging his infrastructure experience and strong local market knowledge, Jeff will help deliver a project approach that maximizes value, supports constructability, and aligns with the City of Fayetteville’s goals and expectations. East Township Roadway Widening Project | Fayetteville, AR West Cato Springs Road | Fayetteville, AR LOCATION Fayetteville, AR OWNER City of Fayetteville CONTRACT $2.89M DESCRIPTION As Senior Estimator for the Porter Road Roundabout, Jeff worked supported the development of a comprehensive site improvement plan and intersection serving the new Fayetteville Police Headquarters. His role included preparing detailed quantity take-offs, developing cost estimates, evaluating constructability, and coordinating pricing for grading and excavation, site utilities including storm drainage, curb and gutter, stamped colored concrete, and asphalt paving. LOCATION Rogers, AR OWNER City of Rogers CONTRACT $10M DESCRIPTION ESS served as the general contractor for the roadway improvements and the civil contractor for the 75-acre site, completing extensive earthwork and concrete paving. As Senior Estimator, Jeff was responsible for quantity take-offs, cost estimating, and bid package development for roadway improvements, site utilities, concrete paving, and site amenities, supporting accurate budgeting and effective project phasing. PORTER ROAD ROUNDABOUT GARRETT ROAD EXTENSION & MT HEBRON PARK App e n d i x D RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n Eme r y Sap p ' s Sub m i t t a l Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 8RFQ 26-03 GCCM | City of Fayettville | Plainview Avenue Extension FIRM Emery Sapp & Sons YEARS OF EXPERIENCE 17 YEARS AT CURRENT FIRM 1 EDUCATION Bachelor of Business Administration Bachelor of Science in Aviation Science Saint Louis University, Parks College of Engineering TRAINING + CERTIFICATIONSArkansas General Contractor license OSHA 10-Hour Certified Confined Space Training Fall Protection Training KEITH COLEMAN PROJECT MANAGER Keith is an experienced construction professional with a strong background delivering infrastructure, residential, commercial, industrial, and institutional projects across Northwest Arkansas. He brings a practical, solutions-driven approach to managing complex scopes in active and constrained environments. As Project Manager at ESS, Keith leads construction execution from planning through closeout. He is responsible for coordinating subcontractors and self-perform crews, maintaining schedule and budget control, managing risk, and ensuring consistent safety and quality performance. With strong local knowledge and established relationships throughout the region, Keith delivers projects that meet owner objectives while supporting long-term operational success. Crystal Bridges Maintenance Facility | Crossland Construction University of Arkansas for Medical Sciences Clinic| Nabholz LOCATION Fayetteville, AR OWNER City of Fayetteville CONTRACT $3.4M DESCRIPTION ESS was selected by the City of Fayetteville and the University of Arkansas to perform all earthwork and utility operations on the Maple Street Improvements project, a comprehensive redesign of a half-mile corridor connecting the Razorback Regional Greenway to Garland Avenue. As Project Manager, Keith is leading excavation, grading, storm sewer, water, and utility installation efforts while coordinating sequencing, traffic impacts, and field conditions. LOCATION Fayetteville, AR OWNER Newell Development CONTRACT $7.5M DESCRIPTION The Greenway Flats Apartments project involved a comprehensive renovation of a 72-unit residential complex. As Project Manager, Keith led the full gut and remodel of the facility, directing building renovations and site improvements that included landscaping, irrigation, and parking lot reconstruction. He coordinated project teams and subcontractors throughout construction, managing schedule, cost, and quality to successfully deliver a high-quality, cost-effective residential development. MAPLE STREET IMPROVEMENTS GREENWAY FLATS APARTMENTS* *With previous employer App e n d i x D RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n Eme r y Sap p ' s Sub m i t t a l Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 9RFQ 26-03 GCCM | City of Fayettville | Plainview Avenue Extension FIRM Emery Sapp & Sons YEARS OF EXPERIENCE 11 YEARS AT CURRENT FIRM 6 EDUCATION B.S., Organizational Leadership & Management University of Arkansas, Fort Smith, AR TRAINING + CERTIFICATIONS Certified Associate of Project Management (CAPM) Project Management Institute, 2019 ANDREW HALL SCHEDULE MANAGER Andrew Hall brings over ten years of project scheduling and project management experience, with extensive expertise using Primavera P6 for labor, budget, and resource planning. As Lead Scheduler for ESS, Andrew is responsible for all aspects of schedule control and resource management, including baseline development, schedule updates, and strict adherence to owner-specified scheduling requirements. His experience supporting roadway and municipal infrastructure projectsmakes him particularly well suited for the Plainview Avenue Extension. Andrew plays a critical role in coordinating construction activities, tracking project progress, and supporting the project team to ensure efficient delivery and on-time completion. Little Sugar to Tanyard Creek | Bella Vista, AR Pea Ridge Military Park | Garfield, AR LOCATION Springdale, AR OWNER ArDOT CONTRACT $180.79M DESCRIPTION As the largest traditional bid-build project in Arkansas state history, the Highway 612 Springdale Bypass includes 15 bridges and over three miles of a brand new, four-lane highway for the traveling public of Northwest Arkansas. A project of this magnitude required consistent communication from the parties involved long before breaking ground. As Lead Scheduler, Andrew worked closely with our partners to develop solutions to emerging issues, allowing the project to move forward according to schedule. LOCATION Rogers, AR OWNER City of Rogers CONTRACT $10.2M DESCRIPTION This project consisted of a 1,700 SF extension to South JB Hunt Drive, connecting Blossom Way Creek to the intersection of Bellview Road including a new bridge with a 450 SF overpass crossing above Blossom Way Creek. As Project Scheduler, Andrew worked with the City of Rogers and subcontractors to prevent delays and ensure delivery according to the allotted schedule. Phase II of this project includes the construction of the JB Hunt Roundabout. HWY 612 SPRINGDALE BYPASS PAULINE WHITAKER PARKWAY App e n d i x D RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n Eme r y Sap p ' s Sub m i t t a l Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 10RFQ 26-03 GCCM | City of Fayettville | Plainview Avenue Extension FIRM Emery Sapp & Sons YEARS OF EXPERIENCE 16 YEARS AT CURRENT FIRM 1 TRAINING + CERTIFICATIONS OSHA 30-Hour Certified First Aid / CPR / AED Construction Health and Safety Technician (CHST) EM 385-1-1 (U.S. Army Corps of Engineers Safety & Health Requirements) RODNEY MAPES, CHST HEALTH & SAFETY MANAGER Rodney is a seasoned construction safety professional with 16 years of experience leading and executing safety programs across a wide range of market sectors, including roadway and bridge construction, pipeline, heavy industrial, steel mill installations, and large-scale commercial projects. He has supported complex, high-value work in multi-contractor environments, overseeing field safety for workforces exceeding 150 personnel while navigating the unique risks of excavation, utilities, structural steel, crane and rigging operations, commissioning, and work in active public settings. Known for his strong field presence, Rodney partners closely with project teams to identify hazards early, and integrate safety seamlessly into daily operations. LOCATION Fayetteville, AR OWNER City of Fayetteville CONTRACT $3.4M DESCRIPTION ESS was selected by the City of Fayetteville and the University of Arkansas to perform all earthwork and utility operations on the Maple Street Improvements project. As Safety Manager, Rodney oversees jobsite safety by implementing site-specific safety plans, conducting inspections and briefings, ensuring OSHA and traffic control compliance, and proactively identifying and mitigating hazards associated with excavation, utilities, and work in active traffic areas. LOCATION Springdale, AR OWNER City of Springdale, AR CONTRACT $4.7M DESCRIPTION ESS was selected by the City of Springdale to perform roadway and infrastructure improvements along Watkins Avenue, a half-mile corridor enhancement extending from Gene George Boulevard to 48th Street, including widening Watkins Avenue to three lanes and delivering a bowstring truss bridge over I-49. As Safety Manager, Rodney is overseeing jobsite safety operations, coordinating traffic control and bridge-related safety measures, and proactively managing safety hazards. MAPLE STREET IMPROVEMENTS WATKINS AVENUE WIDENING App e n d i x D RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n Eme r y Sap p ' s Sub m i t t a l Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 11RFQ 26-03 GCCM | City of Fayettville | Plainview Avenue Extension FIRM Emery Sapp & Sons YEARS OF EXPERIENCE 35 YEARS AT CURRENT FIRM 5 TRAINING + CERTIFICATIONS OSHA 10-Hour Certified OSHA 30-Hour Certified Confined Space Certified First Aid / CPR / AED INDUSTRY INVOLVEMENT Associated Builders & Contractors, Arkansas Chapter ESS Workforce Development Mentorship Program STEVE KING FIELD OPERATIONS MANAGER With more than 30 years of experience, Steve has led construction teams on complex roadway, municipal, and infrastructure projects throughout the region. His background includes oversight of site development, utility installation, excavation, and both asphalt and concrete paving. Steve is known for developing precise phasing plans, maintaining close coordination between crews and subcontractors, and consistently achieving high production while meeting stringent quality and safety standards. His deep understanding of construction sequencing and resource management supports efficient execution and safe operations across all phases of roadway construction. Alice Walton School of Medicine Student Housing | Flintco OZ Trails Bike Park| Crossland Construction LOCATION Bentonville, AR OWNER City of Bentonville CONTRACT $4.6M DESCRIPTION This project involved a new roadway alignment, roadway widening, and construction of a new community park. As Superintendent, Steve provided on-site leadership and coordination of daily construction activities, overseeing crews, subcontractors, and sequencing to safely and efficiently deliver the work. He played a key role in identifying and addressing unsuitable soil conditions, directing adjustments to construction methods and equipment deployment to maintain schedule and quality. LOCATION Rogers, AR OWNER City of Rogers CONTRACT $10.2M DESCRIPTION This roadway extension and bridge project was commissioned to construct a 1,700-foot road connecting Blossom Way Creek and Bellview Road. An additional 450-foot overpass was installed as well as water and sewer line relocations, storm drainage systems, and other underground utilities. As Project Superintendent, Steve lead construction crews through daily operations, ensuring each step of the plans were implemented correctly and efficiently. 28TH STREET PARK & BRIGHT ROAD PAULINE WHITAKER PARKWAY App e n d i x D RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n Eme r y Sap p ' s Sub m i t t a l Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 12RFQ 26-03 GCCM | City of Fayettville | Plainview Avenue Extension FIRM Emery Sapp & Sons YEARS OF EXPERIENCE 30 YEARS AT CURRENT FIRM 30 MILITARY SERVICE U.S. Army TRAINING + CERTIFICATIONS OSHA 10-Hour Certified OSHA 30-Hour Certified Electrical Workplace Safety Certified Certified Flagger CHAD WALLIS PROJECT SUPERINTENDENT With more than 30 years of construction experience, Chad brings extensive expertise in roadway construction, utility installation, and complex site development. His background includes leadership across earthwork, grading, and site preparation, with specialized knowledge in sanitary and storm sewer systems essential to the Plainview Avenue Extension. As Project Superintendent, Chad oversees daily field operations, coordinating crews, sequencing work, and managing multiple scopes to ensure safe, efficient construction in full compliance with City of Fayetteville specifications. His ability to maintain aggressive schedules while coordinating utility and roadway improvements makes him a strong leader for this project. Rupple Road | City of Fayetteville LOCATION Bentonville, AR OWNER Flintco CONTRACT Confidential DESCRIPTION ESS was awarded the Crystal Bridges Phase II Expansion project to nearly double the size of the current facilities and re-imagine the museum as a community center. As Project Superintendent, Chad provided key leadership as crews carefully graded and excavated more than 150,000 cubic yards of material and installed 3,000 linear feet of underground utilities. ESS crews then constructed several pavilions, walking trails and recreational spaces for museum attendees. LOCATION CONTRACT $4.2 DESCRIPTION Pea Ridge Military Park marks the site of the 1862 American Civil War Battle of Pea Ridge. ESS was entrusted with the removal of Old Highway 62, the relocation of Park Tour Road, and additional infrastructure upgrades. The team worked in tandem with As crews excavated more than 64,000 cubic yards of dirt, countless Civil War artifacts were unearthed. Chad played a key role in honoring the site’s history, ultimately redesigning plans throughout the course of the project to preserve as much of the existing land as possible. CRYSTAL BRIDGES PHASE II EXPANSION PEA RIDGE MILITARY PARK OWNER ArDOT and the National Park Service App e n d i x D RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n Eme r y Sap p ' s Sub m i t t a l Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 13RFQ 26-03 GCCM | City of Fayettville | Plainview Avenue Extension SPECIALIZED & PAST EXPERIENCE 2 App e n d i x D RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n Eme r y Sap p ' s Sub m i t t a l Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 14RFQ 26-03 GCCM | City of Fayettville | Plainview Avenue Extension PROJECT EXPERIENCE ESS brings extensive experience delivering roadway and infrastructure projects for municipal clients, with client satisfaction, schedule compliance, and budget performance. The following pages highlight projects demonstrating ESS’s successful collaboration with owners, general contractors, and design teams to deliver projects on time and in alignment with owner expectations. The table below also summarizes a selection of ESS projects, all executed using a GMP contract model. PROJECT NAME OWNER COMPLETED ON SCHEDULE AT OR BELOW BUDGET Porter Road Roundabout CMAR City of Fayetteville, AR Fort Smith Regional Airport — Runway 7/25 Rehabilitation CMAR Fort Smith Regional Airport Delivered early OZ Bike Trails Park Walton Enterprises In progress In progress Pre-construction Services for Maple Street Improvements CMAR City of Fayetteville & University of Arkansas N/A Maple Street Improvements Subcontract Work CMAR Flintco (City of Fayetteville)In progress In progress Ward Road Widening Design-Build City of Lee’s Summit, MO 79th Street Reconstruction Design-Build City of Lenexa, KS Birch/Ash Street Improvements Design-Build City of Eudora, KS NE Orchard Street Improvements Design-Build City of Lee’s Summit, MO South Liberty Parkway Design-Build City of Liberty, MO I-70 Wentzville to Warrenton Design-Build MoDOT In progress In progress Columbia I-70 Bridges Design-Build MoDOT The Ridge at Ward Branch CMAR RW Development Harmony at Clear Creek (Residential Development)Material Capital Partners In progress In progress Memorial Stadium South Expansion CMAR Mortenson for the University of Missouri I-70 Truck Climbing Lanes at Mineola Hill Design-Build MoDOT Delivered early K10 - South Lawrence Trafficway Design-Build KDOT In progress In progress Liberty Heartlands Logistics Center General Contractor ESS GMP EXPERIENCE App e n d i x D RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n Eme r y Sap p ' s Sub m i t t a l Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 15RFQ 26-03 GCCM | City of Fayettville | Plainview Avenue Extension PROJECT DESCRIPTION The Porter Road Roundabout is a key infrastructure improvement completed as part of the City of Fayetteville Police Headquarters project. The project transformed the Porter Road and Deane Street intersection and added on-street parking, enhancing connectivity and functionality within the evolving Fayetteville streetscape. ESS self-performed approximately 95% of the project’s construction scope, including grading, erosion control, traffic control, drainage, base rock, paving, and striping. The completed roundabout replaces a previously inefficient three-way intersection, improving traffic flow and creating a smoother experience for daily commuters and nearby businesses. Located at a heavily traveled intersection, the project required meticulous phased planning to keep traffic moving and disruption to a minimum. ESS proactively developed detailed phasing and traffic control strategies and worked closely with Flintco and the City to execute the work in stages, including constructing a temporary roadway to maintain access. This approach minimized impacts to the public, kept the project on schedule, and delivered a seamless infrastructure improvement that met the City’s expectations. PORTER ROAD ROUNDABOUT for Flintco [City of Fayetteville] PROJECT LOCATION | Fayetteville, AR PROJECT REFERENCE Chad Crouch, Project Director Flintco ccrouch@flintco.com | 479.284.9349 ESS ROLE Subcontractor CONTRACT VALUE $2.89M START DATE April 2022 COMPLETION DATE September 2023 SELF-PERFORMED 95% CONCRETE PAVING 36,895 SY EARTHWORK 11,252 CY UNDERGROUND UTILITIES 2,284 LF KEY STAFF ON PROJECT Jeff Wilson Senior Estimator Cody Vandegriffe Project Manager App e n d i x D RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n Eme r y Sap p ' s Sub m i t t a l Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 16RFQ 26-03 GCCM | City of Fayettville | Plainview Avenue Extension PROJECT DESCRIPTION The Maple Street Improvements project is a comprehensive redesign of a half-mile corridor connecting the Razorback Regional Greenway to Garland Avenue. This multi-phase initiative modernizes aging infrastructure through the University of Arkansas campus while enhancing multimodal safety and accessibility. Upgrades include a protected two-way bike path, improved pedestrian accommodations, drainage enhancements, and traffic-calming measures. ESS was selected to perform all earthwork and utility operations, totaling approximately 8,000 cubic yards of grading and excavation and 3,800 tons of base rock paving. Located in the heart of campus, the project requires careful coordination due to constant pedestrian and vehicular traffic. ESS has implemented detailed traffic-maintenance strategies and phased shutdowns to maintain access while minimizing disruption. Upon completion, the Maple Street Improvements project will deliver a more accessible and better-connected corridor for the University and surrounding community. As a critical link between campus and the Greenway, these upgrades will enhance comfort for all users, replace deteriorating pavement, and optimize lane configurations. MAPLE STREET IMPROVEMENTS for Flintco (City of Fayetteville) PROJECT LOCATION | Fayetteville, AR PROJECT REFERENCE Chad Crouch, Project Director Flintco ccrouch@flintco.com | 479.284.9349 ESS ROLE Subcontractor CONTRACT VALUE $3.4M START DATE May 2025 COMPLETION DATE August 2026 SELF-PERFORMED 100% EARTHWORK 8,000 CY UNDERGROUND UTILITIES 600 LF KEY STAFF ON PROJECT Cody Vandegriffe Pre-construction Project Manager Keith Coleman Project Manager Rodney Mapes Health & Safety Manager App e n d i x D RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n Eme r y Sap p ' s Sub m i t t a l Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 17RFQ 26-03 GCCM | City of Fayettville | Plainview Avenue Extension PROJECT DESCRIPTION This project improved Kendrick Avenue by expanding the existing roadway from two to three lanes, including a center turn lane at Highway 265. Although the project spanned just 0.45 miles, it presented several challenges that required careful coordination to ensure a successful outcome for the owner. The expansion directly affected two residential properties and three existing businesses, four of which relied solely on Kendrick Avenue for access. Through proactive communication and detailed planning, ESS worked closely with each property owner to maintain uninterrupted access throughout construction, coordinating schedules and phasing work to accommodate individual needs. The project scope also included the relocation of an existing water line protected by a cathodic protection system due to the area’s corrosive soil conditions. Because this electrochemical system relies on a network of anodes to prevent corrosion and damage to even a single anode could disrupt the system and leave the water line vulnerable, special care was required during excavation. By utilizing its in- house hydro-vac excavation system, ESS safely exposed the water line, completed the required relocation, and extended the cathodic protection system to ensure continued protection of the newly installed pipe. KENDRICK AVENUE WIDENING City of Springdale, AR PROJECT LOCATION | Springdale, AR PROJECT REFERENCE John Easterling City of Springdale Jeasterling@springdalear.gov | 479.295.2921 ESS ROLE General Contractor CONTRACT VALUE $4.86M START DATE March 2024 COMPLETION DATE June 2025 EARTHWORK 42,785 CY CONCRETE PAVING 24,800 SF KEY STAFF ON PROJECT Jeff Wilson Senior Estimator Chad Willis Superintendent App e n d i x D RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n Eme r y Sap p ' s Sub m i t t a l Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 18RFQ 26-03 GCCM | City of Fayettville | Plainview Avenue Extension PROJECT DESCRIPTION The 28th Street Park & Bright Road project features a new roadway alignment, roadway widening, and the development of a new community park. The park includes multi-use fields, pickleball courts, a splash pad, and a concrete trail, enhancing both recreational opportunities and overall connectivity. ESS was contracted to complete all earthwork, underground utilities, and concrete paving for the project. Long anticipated by the community, this improvement not only provides much-needed recreational space but also enhances traffic flow and accessibility for the traveling public. A key challenge encountered during construction was the presence of unsuitable soils. ESS crews quickly adapted, leveraging the company’s extensive equipment fleet to mobilize specialized machinery and adjust construction methods as needed. Early identification of the issue and the ability to deploy resources efficiently were critical to maintaining momentum and keeping this phase of the project on schedule, demonstrating ESS’s commitment to quality execution and reliable delivery. 28TH STREET PARK & BRIGHT ROAD for City of Bentonville, AR PROJECT LOCATION | Bentonville, AR PROJECT REFERENCE Scot Hundley, Sr. Project Manager Flintco scot.hundley@flintco.com | 479.236.6931 ESS ROLE Subcontractor CONTRACT VALUE $4.6M START DATE February 2022 COMPLETION DATE August 2023 SELF-PERFORMED 76% CONCRETE PAVING 5,844 SY EARTHWORK 25,000 CY UNDERGROUND UTILITIES 7,048 LF KEY STAFF ON PROJECT Cody Vandegriffe Project Manager Steve King Superintendent App e n d i x D RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n Eme r y Sap p ' s Sub m i t t a l Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 19RFQ 26-03 GCCM | City of Fayettville | Plainview Avenue Extension PROJECT DESCRIPTION As the first major park developed on the west side of Rogers, Arkansas, the Garrett Road Extension & Mt. Hebron Park project represents a significant investment in community infrastructure. ESS served as the general contractor for the roadway improvements and the civil contractor for the expansive 75-acre site. ESS crews completed more than 150,000 cubic yards of earthwork and 3,700 cubic yards of concrete paving in support of this $10 million development. The project enhanced regional safety and accessibility while creating meaningful recreational opportunities that support surrounding neighborhoods and contribute to local economic growth. Upon completion, the park featured two soccer fields, six pickleball courts, a baseball field, two basketball courts, a community building, a maintenance facility, restrooms, a splash pad, a playground, and a dog park. In recognition of the project’s quality and craftsmanship, ESS was honored with the 2023 Excellence in Construction Award from the Arkansas Chapter of Associated Builders and Contractors. GARRETT ROAD EXTENSION & MT HEBRON PARK for City of Rogers, AR PROJECT LOCATION | Rogers, AR PROJECT REFERENCE David Hook, Facilities Development Manager City of Rogers, AR dhook@rogersar.gov | 479.621.1117 ESS ROLE General Contractor CONTRACT VALUE $10M START DATE December 2020 COMPLETION DATE December 2022 CONCRETE PAVING 3,700 SY ASPHALT PAVING 45,000 TON EARTHWORK 150,000 CY KEY STAFF ON PROJECT Jeff Wilson Senior Estimator Steve King Superintendent App e n d i x D RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n Eme r y Sap p ' s Sub m i t t a l Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 20RFQ 26-03 GCCM | City of Fayettville | Plainview Avenue Extension SCHEDULE 3 App e n d i x D RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n Eme r y Sap p ' s Sub m i t t a l Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 21RFQ 26-03 GCCM | City of Fayettville | Plainview Avenue Extension Activity ID Activity Name Start Finish Remaining Duration Total Float City of Fayetteville - GCCM for Plainview Avenue ExtensionCity of Fayetteville - GCCM for Plainview Avenue Extension 01-May-26 20-Oct-27 447 0 MilestonesMilestones 01-May-26 20-Oct-27 538 0 Project MilestonesProject Milestones 01-May-26 20-Oct-27 538 0 0XMS1000PS 0X - (SM) - Project Start 01-May-26 0 0 0XMS1010 0X - (SM) - Project Awarded 31-May-26 0 0 0XMS1020 0X - (FM) - Executed Contract 24-Jun-26 0 170 0XMS1000WO 0X - (FM) - Work Order Issued 14-Jul-26 0 240 0XAD1040 0X - Flex Start 15-Jul-26 12-Oct-26 90 150 0XMS1070 0X - (LOE) - Pre- Construction Calendar Days 01-May-26 12-Oct-26 165 150 0XMS1000CS 0X - (SM) - Start Construction 13-Oct-26 0 150 0XMS1000SC 0X - (FM) - Substantial Completion 20-Sep-27 0 0 0XMS1050 0X - (FM) - Seeding, Sodding, and Striping Completion 20-Sep-27 0 30 0XAD1060 0X - (LOE) - Contract Calendar Days 13-Oct-26 20-Sep-27 343 0 0XMS1000FC 0X - (FM) - Project Complete 20-Oct-27 0 0 Construction - MilestonesConstruction - Milestones 14-Jul-26 20-Sep-27 433 30 A1040 0X - (FM) - Construction Schedule Complete 14-Jul-26 0 463 A1050 0X - (FM) - Cost Estimates Complete 24-Jul-26 0 453 A1030 0X - (FM) - Construction Phasing Plan Complete 12-Oct-26 0 373 A1060 0X - (FM) - IFC Design Packages Complete 12-Oct-26 0 373 A1080 0X - (FM) - MOT Design Complete 12-Oct-26 0 373 A1120 0X - (FM) - Stage 1 Start 12-Oct-26 0 150 A1110 0X - (FM) - Box Culvert Complete 08-Jun-27 0 134 A1090 0X - (FM) - Stage 1 Complete 22-Jun-27 0 0 A1130 0X - (FM) - Stage 2 Start 22-Jun-27 0 0 A1160 0X - (FM) - Parking Lot Demo Complete 28-Jun-27 0 84 A1150 0X - (FM) - Roundabout Complete 27-Jul-27 0 55 A1100 0X - (FM) - Stage 2 Complete 20-Sep-27 0 30 A1140 0X - (FM) - Utility Relocation Complete 20-Sep-27 0 0 Phase 1 - Pre-Construction ServicesPhase 1 - Pre-Construction Services 01-May-26 20-Oct-27 538 0 i - Construction Documents Phasei - Construction Documents Phase 01-May-26 20-Oct-27 538 0 0XAD1000 0X - City of Fayetteville - Evaluate Proposals 01-May-26 30-May-26 30 0 0XAD1010 0X - City of Fayetteville - Contract Execution 31-May-26 24-Jun-26 25 0 0XAD6225 0X - City of Fayetteville - Prepare and Issue Work Order 25-Jun-26 14-Jul-26 20 150 0XAD1020 0X - Obtain & Submit Insurance & Bonds 25-Jun-26 24-Jul-26 30 200 0XAD1030 0X - Prepare and Submit - SWPPP 25-Jul-26 08-Aug-26 15 200 0XAD1090 0X - ESS Mobilization 09-Aug-26 12-Aug-26 4 404 0XAD1050 0X - City of Fayetteville - Review and Approve - SWPPP 09-Aug-26 23-Aug-26 15 200 0XAD1080 0X - Project Cleanup and Closeout 21-Sep-27 20-Oct-27 30 0 Utility CoordinationUtility Coordination 25-Jun-26 21-Nov-26 150 333 0XAD5290 Phase - Ute Owner - Ute Type - Ute OH/UG? - Ute Location/Impact Zone 25-Jun-26 21-Nov-26 150 333 ii - Bid Phaseii - Bid Phase 25-Jun-26 11-Mar-27 260 223 Design Submittals & Engineering ApprovalsDesign Submittals & Engineering Approvals 25-Jun-26 12-Oct-26 110 373 SubmittalsSubmittals 25-Jun-26 27-Sep-26 95 223 Roadway SubmittalsRoadway Submittals 25-Jun-26 27-Sep-26 95 55 0XAD2000 0X - Prepare and Submit - Roadway Package 25-Jun-26 23-Aug-26 60 55 Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Qtr 2, 2026 Qtr 3, 2026 Qtr 4, 2026 Qtr 1, 2027 Qtr 2, 2027 Qtr 3, 2027 Qtr 4, 2027Qtr 1, 2028 20-Oct-27, City of Fayetteville - GCCM for Plainview Avenue Extension 20-Oct-27, Milestones 20-Oct-27, Project Milestones 0X - (SM) - Project Start 0X - (SM) - Project Awarded 0X - (FM) - Executed Contract 0X - (FM) - Work Order Issued 0X - Flex Start 0X - (LOE) - Pre- Construction Calendar Days 0X - (SM) - Start Construction 0X - (FM) - Substantial Completion 0X - (FM) - Seeding, Sodding, and Striping Completion 0X - (LOE) - Contract Calendar Days 0X - (FM) - Project Complete 20-Sep-27, Construction - Milestones 0X - (FM) - Construction Schedule Complete 0X - (FM) - Cost Estimates Complete 0X - (FM) - Construction Phasing Plan Complete 0X - (FM) - IFC Design Packages Complete 0X - (FM) - MOT Design Complete 0X - (FM) - Stage 1 Start 0X - (FM) - Box Culvert Complete 0X - (FM) - Stage 1 Complete 0X - (FM) - Stage 2 Start 0X - (FM) - Parking Lot Demo Complete 0X - (FM) - Roundabout Complete 0X - (FM) - Stage 2 Complete 0X - (FM) - Utility Relocation Complete 20-Oct-27, Phase 1 - Pre-Construction Services 20-Oct-27, i - Construction Documents Phase 0X - City of Fayetteville - Evaluate Proposals 0X - City of Fayetteville - Contract Execution 0X - City of Fayetteville - Prepare and Issue Work Order 0X - Obtain & Submit Insurance & Bonds 0X - Prepare and Submit - SWPPP 0X - ESS Mobilization 0X - City of Fayetteville - Review and Approve - SWPPP 0X - Project Cleanup and Closeout 21-Nov-26, Utility Coordination Phase - Ute Owner - Ute Type - Ute OH/UG? - Ute Location/Impact Zone 11-Mar-27, ii - Bid Phase 12-Oct-26, Design Submittals & Engineering Approvals 27-Sep-26, Submittals 27-Sep-26, Roadway Submittals 0X - Prepare and Submit - Roadway Package City of Fayetteville - GCCM for Plainview Avenue Extension *City of Fayetteville - Base Schedule Date Run: 06-Apr-26 08:28 Data Date: 01-May-26 Remaining Level of Effort Actual Level of Effort Actual Work Remaining Work Critical Remaining Work Milestone Page 1 of 5 TASK filter: **Activity Not Complete. SCHEDULE App e n d i x D RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n Eme r y Sap p ' s Sub m i t t a l Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 22RFQ 26-03 GCCM | City of Fayettville | Plainview Avenue Extension PRE-CONSTRUCTION SERVICES 4 App e n d i x D RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n Eme r y Sap p ' s Sub m i t t a l Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 23RFQ 26-03 GCCM | City of Fayettville | Plainview Avenue Extension PRE-CONSTRUCTION SERVICES PRE-CONSTRUCTION APPROACH ESS understands that successful delivery of the Plainview Avenue Extension project depends on a comprehensive and collaborative pre-construction process. Our role during pre-construction is to partner closely with the City of Fayetteville and Garver to manage risk, establish cost certainty, and support informed decision-making before construction begins. ESS provides a full range of pre-construction services, including progressive cost estimating, constructability reviews, schedule development, value engineering, risk identification and mitigation, subcontractor outreach, stakeholder coordination, and utility coordination. These services are integrated throughout to ensure the project is constructible, properly phased, and aligned with the City’s budget, schedule, and quality expectations. ESS has a long history of providing pre-construction services for municipal infrastructure projects, including prior work with the City of Fayetteville. Our familiarity with local processes, expectations, and constraints allows our team to anticipate challenges early and proactively develop solutions that reduce risk for all project stakeholders. Upon selection, ESS will engage with the City and Garver to review the current design documents and confirm project goals, constraints, and priorities. Our team will provide continuous input throughout design to optimize constructability, traffic control, phasing, sequencing, and schedule while maintaining cost control. PROJECT EXECUTIVE ROLE During pre-construction, Project Executive Cody Vandegriffe, will be actively involved in leading and supporting the process. Cody will participate in design coordination meetings, conduct constructability reviews at each design milestone, and lead value engineering discussions focused on reducing risk and maximizing value. Cody will also support development of the project risk matrix, budget controls, and subcontracting strategy, creating alignment between the City and Garver throughout pre-construction. This level of executive involvement provides continuity, accountability, and informed decision-making from pre-construction through construction. UTILITY COORDINATION ESS recognizes that early and consistent utility coordination is a critical component of successful roadway and infrastructure projects. During pre-construction, ESS will identify known and potential utility conflicts, coordinate directly with utility owners, and facilitate regular meetings to confirm locations, clearance requirements, relocation responsibilities, and scheduling constraints. ESS has extensive experience leading proactive utility coordination efforts on complex projects. On the HWY 612 Springdale Bypass project, ESS initiated and led frequent coordination meetings with multiple utility providers well in advance of construction. The Project Manager was heavily engaged in the field and became well known for conducting on-site meetings with utility companies, using survey and rover data to physically demonstrate the location of proposed ditch lines and verify minimum cover requirements. This hands-on coordination ensured utility conflicts were fully understood and utilities were positioned completely clear of construction impacts. KEY PRE-CONSTRUCTION APPROACH ELEMENTS • Progressive cost estimating at each design milestone • Constructability reviews to identify and resolve conflicts early • Schedule development and phasing analysis • Value engineering focused on long-term value and durability • Subcontractor and supplier engagement to validate pricing and availability • Transparent communication with the City and design team Black Hills Energy Reference Letter App e n d i x D RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n Eme r y Sap p ' s Sub m i t t a l Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 24RFQ 26-03 GCCM | City of Fayettville | Plainview Avenue Extension PRE-CONSTRUCTION SERVICES This effort was not driven by ARDOT requirements, but was proactively led by ESS to maintain project momentum and avoid delays. Utility coordination continued consistently throughout the project, with all meetings and decisions documented through detailed logs and tracking tools to maintain transparency and accountability throughout the life of the project. Figure 4A below presents a small sample of the communication log with utility providers, illustrating the meticulous level of detail ESS documented for each correspondence. CONSTRUCTION COST ESTIMATING & SUBCONTRACTOR BIDDING Accurate cost estimating is a core competency of ESS. Our team develops detailed estimates at each design phase using historical cost data, local market knowledge, and input from trusted subcontractors and suppliers, allowing the City to clearly understand cost drivers and make informed decisions before finalizing the design. ESS also prepares clear, comprehensive bid packages with detailed scopes of work, specifications, schedules, safety requirements, and quality standards to promote competitive, apples-to-apples pricing and reduce scope gaps that can lead to change orders during construction. Figure 4A. Hwy 612 Utility Providers Correspondance Log Utility Owner Facility Type Location Proximity Station Number ARDOT Est. Comp. Date Notes OHE Crosses Hwy. 612 Pianalto Farms 249+00 OHE Crosses Hwy. 612 Javello Rd.320+00 OHE Crosses Hwy. 612 Brush Creek 375+00 Telecommunications Crosses Hwy. 612 Javello Rd.300+00 Telecommunications Crosses Hwy. 612 Liberty Ave 219+00 Telecommunications Parallels Hwy. 412 RT 612 @ 412 Telecommunications Parallels Hwy. 412 RT 412 10+00 to 18+10 Telecommunications Parallels Hwy. 412 LT 612 @ 412 Telecommunications Parallels Hwy. 412 LT 412 10+00 to 18+10 Telecommunications Hwy 68 LT 68 @ 412 Telecommunications Hwy 68 RT 68 @ 412 45+00 Gas Main Parallels Hwy. 412 RT Musteen Rd. 14+00 to 24+00 Gas Main Parallels Hwy. 612 RT 612 @ 412 Gas Main Crosses Hwy. 612 612 @ 412 181+00 Gas Main Crosses Hwy. 412 Musteen Rd.21+25 Gas Main Crosses Hwy. 612 Liberty Ave 218+75 Gas Main Crosses Hwy. 612 Liberty Ave 227+00 Gas Main Crosses Hwy. 612 386+20 Gas Main Crosses Hwy. 612 Hwy 112 497+50 Telecommunications Crosses Hwy. 612 Javello Rd 300+00 Telecommunications Crosses Hwy. 612 Robbins Rd 464+00 Telecommunications Crosses Hwy. 612 Kelly Rd 474+00 Telecommunications Crosses Hwy. 612 Brush Creek 386+00 Telecommunications Parrallels Hwy 68 LT 68 45+00 to 55+00 OHE Crosses Hwy. 612 Javello Rd 320+00 325+00 OHE Transmission Crosses Hwy. 612 Millsap 337+75 OHE Transmission Crosses Hwy. 612 Brush Creek 395+50 OHE Crosses Hwy. 612 Robbins 464+00 OHE Parallels Hwy. 412 RT 612 @ 412 OHE Parallels Hwy. 412 RT 412 10+00 to 18+10 OHE Parallels Hwy. 412 LT 612 @ 412 OHE Parallels Hwy. 412 LT 412 10+00 to 18+10 OHE Crosses Hwy. 612 Javello 300+00 OHE Crosses Hwy. 612 Marchant 428+00 OHE Crosses Hwy. 612 Millsap 348+00 OHE Crosses Hwy. 612 Brush Creek 383+00 OHE Parallels Hwy. 612 RT Javello OHE Crosses Hwy. 612 447+00 OHE Crosses Hwy. 612 XNA Ramp 2 445+00 OHE Crosses Hwy. 612 Kelly Rd 474+00 OHE Crosses Hwy. 612 Kelly Rd 476+00 Sewer Force Main Crosses Hwy. 612 Brush Creek 386+00 Water Main Parallels Hwy. 412 RT 612 @ 412 Water Main Parallels Hwy. 412 RT 412 10+00 to 18+10 Water Main Parallels Hwy. 68 LT 68 40+00 to 56+00 Water Main Parallels Hwy. 412 LT 412 10+00 to 18+10 Water Main Crosses Hwy. 612 Liberty Ave 219+00 Water Main Crosses Hwy. 612 Javello 320+00 AEP (Trans.)12/31/24 03/21/24 - "I have some preliminary plans that will be routed through the scoping phase next week. I’m hoping to have ARDOT an estimate within a couple weeks." Chris Bahruth 04/15/24 - "Brandon, Thanks for reaching out. Currently, we are in the cost estimate process. I’m looking over these estimates to make sure they’re good. I plan on submitting the scope and estimate to our management by this week. This information will be used for a relocation agreement between ArDOT and AEP. The plans and construction timelines will be based off this agreement. 4/30/24 - ARDOT and ESS meeting with AEP (Chris B.) today. Meeting minutes for progress of the lines is located on the server in the project folder under Utilities. 5/20/24 - Brandon, Don Couch, Zach, Nathan and I met with Colby (AEP) at Pianalto to discusses AEP Transmission lines. Colby gave us the go ahead to clear under the lines and in the easement as long as we maintained the OSHA required distance under the lines. These power lines are 161Kv. Per OSHA'S CRANES and Derrick's requirements, 15' clearance is required for lines under 200Kv. 5/21/24 - Reached out to Chris Bahruth (AEP) with a formal request to excavate / fill under their lines. Chris said AEP would not approve any fill work in this areas of conflict within the existing easement. He is going to look into the requirements for us to be able to excavate within the easements and should have a response later this week. 5/28/24 - Chris Bahruth (AEP) responded back to our formal request to excavate stating that we were not permitted to cut or fill within the AEP easement until the relocations had been complete. Sent a follow up email requesting to install the storm pipes at 375+00 and 320+00 so our equipment could cross under as long as we maintained that minimum 15' clearance with our equipment. 6/18/24 - Met with Chris Bahruth (AEP), Will, Bashar and Josh in the field to look at the cut / fill areas under the AEP powerlines. Brandon to provide proposed fills to Chris that maintains 15' clearance under the lines based on our tallest piece of equipment. AT&T AR 5/1/24 Black Hills Energy 12/12/23 - Work is complete According to Tiva Evans 04/12/24 - ROBBINS ROAD Rick Arnold met with Tiva in the field and she cut the old communications line running roughly 6 in below the existing surface 04/22/24 - Found Line along 68LT previously thought to be out of conflict of project. 18" below existing surface. Brightspeed is in the process of redesigning. 4/30/24 - Tiva Evans cut and abandonded line at 428+00 on Marchant Rd. 5/10/24 - Met with Tiva, Brandon, Will and Josh at 68LT. New line is going in 80' from CL at 10' on south end and 5' deep on north end. Should be complete by the end of next week. 5/16/24 - Tiva emailed ARDOT that the relocation on Hwy 68 LT was complete. 3/1/24 12/31/23 3/31/24 3/1/24 12/31/24 Brightspeed Carroll Electric City of Elm Springs City of Tonitown 04/15/24 - "We set up to shoot the last bore yesterday and were approached by a farmer who said that we are set up on a water line owned by Washington County Water Authority that is not located, we will need to have them come out and locate it. This came up at 3:30 yesterday afternoon. If we can get that located, we are hoping to have the job placement completed by 04/19. Once fiber is placed the project will move over to the splicing dept." Seth Roten 04/18/24 - The last bit we have to complete is a scheduled cut around for all the fiber affected by this. It is scheduled for the night of May 23rd into the 24th and is unable to be pulled in any closer due to the amount of coordination involved in them to insure city to city traffic does not go down. Placing is almost completed for this scheduled cut. Below is a map showing conflict areas and the spots that are scheduled for May 23rd. The west end has dead copper and the east end had the cables relocated. 4/24/24 - AT&T newly installed pedestal near station 45+00 is installed at OG and has 3.8' of cut over the top of it to get to design grade. Also potential conflict at 68LT newly installed line 38' from CL of existing 68, this could result in bridge footer conflicts. 4/30/24 - Brandon and I met with Bryan Williams and Path crew near bent 3 on bridge A. Newly installed fiber is 4' from bent with 11' of excavation. Bryan to go back to design to look at potential relocation options. 6/14/24 - Brian Williams (AT&T) and team met with ESS and ARDOT to discuss future plans to relocate the fiber at Hwy 68 and 412. At this time, Bryan provided as built data and plans for the Liberty and Javello completed relocations. 04/10/24 - "South of 412 (Should be wrapped up by end of next week or early the week after) Tract 26 Pamela Logue: Willing to sign, but out of town until Friday. Tract 24 STR Holdings: Willing to sign, but wife is out of town until the end of next week; LLC is 50/50 with husband. Tract 23 Walker: Signed Tract 22 Stacy: Willing to sign, but out of town until Thursday evening. 412 to Liberty Road (Issues with all landowners on this segment) Tract 10 Five J Farms: Boundary dispute with Tract 12 owner, working on a solution. Also wants the line against the ARDOT ROW and not around the pond. 15 member LLC lead by an attorney. Tract 12 Dowell Road: Boundary dispute with Tract 10 owner, working on a solution. Fighting ARDoT over the value of the highway ROW, has not returned my calls Tract 11 Shiloh Warehouse Space: Wants a road built, sent owner a proposal to gravel easement area, waiting on a response. Tract 9 SWEPCO: Have spoken to the site manager who is trying to get me in contact with the right person. Brush Creek Road (hoping to have wrapped up this week) 348+00 - Line is no longer around 03/22/24 – Reached out to Jesse GoForth “Good Morning, Brandon, The transmission side of this project should be completed within 60 days. On the distribution side of this project, Marchant Rd and North is still in the review process, I hope to have something back next week on that. If I receive that back next week, I can get the corrections and changes made and order materials shortly after. I am not sure about the out time on most of the materials, but I do know the fiberglass poles will be up to 18 weeks out from the time of order. Once I can place the orders, I hope to have a more accurate time out for those to come back.” - Jesse Goforth 04/03/24 – Reached out to Jesse Goforth via phone on Carroll electric lines needing to be retired and removed that reached to building/houses no longer existing. Left Voicemail. Jesse responded they would retire dead end lines on a separate contract than the bypass at ESS expense. Told Jesse we will wait due to the nature of the other utilities in the area delaying construction as well. 4/29/24 - Lonnie with Ozark reached out stating they can remove pole # 096601 located near sta 305+00 - 310+00 to assist with the conflict at the 313+88 box culvert. This work should be completed within the next week or so. 4/23/24 - ARDOT and ESS meeting with Carroll Electric today. Meeting minutes for progress of the lines is located on the server in the project folder under Utilities. 5/6/24 - Lonnie w/ Ozark stated the OHP at 391+00 will be going underground - construction to start in approximately 4 weeks. 5/9/24 - Pole # 096601 near 305+00 - 310+00 set to be removed by Friday per Lonnie w/ Ozark. 5/13/24 - Pole #096601 near 305+00 - 310+00 interferring with box at 313+88 has been removed. Powerline still needs to be relocated, but the pole has been removed. 04/11/24 - Brandon: Not quite yet, but we’re close. 04/15/24 - "Plans are getting closer to completion. Will keep you posted when inhand" - Zak Johnson 4/23/24 - ARDOT and ESS meeting with Tontitown today. Meeting minutes for progress of the lines is located on the server in the project folder under Utilities. 7/15/24 - ARDOT and ESS meeting with Tontitown Friday, July 19th at 11am. 7/25/24 - James with Tontitown emailed today saying they completed the cut and cap on the south side of 412 for Musteen RD. James has no update on the private line feeding a property west of millsap. 7/25/24 - Larry with Garver emailed a copy of the drawings for Tontitown's 18" water line that runs along the south side of 412 from 155+00 - 175+00.Sewer Crosses Hwy. 612 Javello-Millsap 315+00 Water Service Crosses Hwy. 612 Millsap 333+00 Telecommunications Parallels Hwy. 412 RT 612 @ 412 Telecommunications Parallels Hwy. 412 LT 612 @ 412 Telecommunications Parallels Hwy. 412 LT 412 10+00 to 18+10 Telecommunications Crosses Hwy. 612 Liberty 219+50 Telecommunications Crosses Hwy. 612 Robbins Rd 464+00 Telecommunications Crosses Hwy. 612 Kelly Rd 474+00 Telecommunications Crosses Hwy. 612 Brush Creek 383+00 Telecommunications Crosses Hwy. 612 Millsap 345+00 Water Main Crosses Hwy. 612 386+25 Water Main Crosses Hwy. 612 Kelly Rd.474+75 Water Service Parrallels Hwy. 612 387+00 OHE Crosses Hwy. 412 412 14+35 OHE Parrallels Hwy. 68 LT 68 40+00 to 55+00 OHE Parrallels Hwy. 68 RT 69 40+00 to 55+00 Aerial Fiber Crosses Hwy. 612 Liberty Ave 219+00 OHE Crosses Hwy. 612 Liberty Ave 219+00 OHE Crosses Hwy. 612 Brush Creek 391+00 Crosses Hwy. 612 401+00 OHE Javello & Canup 304+00 6/1/24 3/1/24 12/31/24 Springdale Water Ozarks Electric 04/11/24 - The surveyor will be on site Monday to shoot where the lines have been installed. The majority of the pipe has been installed. They should have all of the pipe installed tomorrow or no later than Monday. However, they still have to conduct pressure testing and submit samples to ADH for approval prior to opening the valves to distribute water through the new main. I would say they should be complete by the end of April or the first week of May, depending on the weather and the testing. - Oren Noble 4/19/24 - ARDOT and ESS meeting with Ozark (Lonnie) today. Meeting minutes for progress of the lines is located on the server in the project folder under Utilities. 4/24/24 - Ozark Go & Cox Communications removed lines from 40+00 - 55+00 4/25/24 - Ozark removed powerline and 3 poles from 40+00 - 55+00 5/6/24 - Lonnie w/ Ozark stated the OHP at 383+00 will be going underground - construction to start in approximately 4 weeks. 5/15/24 - Here is my update on the Hwy 612 ARDOT job 012326 . We did get that pole removed at sta. 305+00 . I have been working easement on the two overhead lines at Sta. 390+00 and the line near Sta. 383+00 Everything is looking good so far to get those overhead lines and poles removed. Should get those easement signature done hopefully by next week and get that work order over to construction to schedule that work ASAP! But we will be boring that line there so might our out of the way . I know Ozarks GO took their lines down and so did Cox . So I think everyone is off those 3 poles . And the poles have been removed ? 5/1/24 4/1/24 SWEPCO Energy Transfer 12/11/23 -Met with Ron Bertram on site at 474+00, Kelly Road. The poles along Kelly shot in at a 1232 usft and 1240 usft. The poles are 75’ poles with 10’ barried. Design Elevation at this stationing is 1264 usft. With a 2’ drop from the top of pole to wires on the lowest pole leaves a clearance of 31’. Ron said a minimum of 22’ is needed. SWEPCO is clear of work at 474+00. No responses 4/25/24 - ARDOT and ESS meeting with Washington Water (Sarah & Edgar) today. Meeting minutes for progress of the lines is located on the server in the project folder under Utilities. 5/7/24 - Zach and I met w/ Kevin (locator for Washington Water) at 300+00 to get marks on the Washington Water line prior to clearing for a haul road. Kevin located the water line. This line has approximately 4-5' of cover in areas we have 6-9' of cut. Area has been marked and GPS has been requested to topo these marks. 7/15/24 - ARDOT and ESS meeting with WW set up for Wednesday, July 17th at 1pm 7/25/24 - James Ballou text a photo and left a voicemail stating the the blow off at the end of Fair Lane has been cut and capped 60' back from the fence line and about 25' back from the ROW stakes. 09/03/24 - Via phone Matthew Wilkinson confirmed that Cox is the remaining service line hanging on the 383+00 Ozark Electric Poles. Updates to come on estimated moving of service. 1/22/25 - Cox is complete at Kelly and Robbins Road via email from Brandon Caldwell. 1/31/25 - Cox Complete at Brush Creek and old line has been removed. 02/15/25 - Cox complete at 345+00 04/15/24 - That is correct. We need to be onsite when any work is performed around the pipeline. - Cody Austin App e n d i x D RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n Eme r y Sap p ' s Sub m i t t a l Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 25RFQ 26-03 GCCM | City of Fayettville | Plainview Avenue Extension PRE-CONSTRUCTION SERVICES IDENTIFYING & MITIGATING PROJECT RISKS Upon selection, ESS will develop a comprehensive Risk Matrix (Figure 4B below), beginning with a thorough review of the current design plans. This evaluation will identify, assess, and prioritize project risks based on severity, likelihood of occurrence, potential financial exposure, and applicable mitigation strategies. The Risk Matrix will be used as a living tool throughout pre-construction to actively reduce and retire risk as the design progresses. The Risk Matrix will be reviewed weekly with the City and Garver, providing a collaborative forum to discuss evolving risks, confirm mitigation measures, and evaluate potential cost and schedule impacts. GUARANTEED MAXIMUM PRICE (GMP) DEFINITION & DEVELOPMENT ESS understands a GMP to be the maximum amount the City will pay for construction of the project, inclusive of the agreed-upon scope, contingencies, and risks identified during pre-construction. Once established and accepted, the GMP will not be exceeded except for City-directed changes or unforeseen conditions beyond the agreed scope. Following a detailed review of the 90% design documents, ESS will validate the project budget with the City to confirm alignment. If adjustments are required, ESS will work with the City and Garver to evaluate alternatives and implement changes prior to final pricing. ESS will then solicit competitive bids from subcontractors and suppliers, align and de-scope bids for consistency, and commit material pricing where possible. APPROACH TO BILLING FOR PRE-CONSTRUCTION SERVICES ESS understands that pre-construction services are professional services and will be billed separately from construction costs in accordance with the City’s agreement. Pre-construction services will be billed on an agreed-upon basis, with clear documentation of labor, tasks performed, and deliverables provided. Our billing approach emphasizes transparency and accountability, ensuring the City clearly understands the value delivered during pre-construction and how those services directly support risk reduction, cost certainty, and successful project delivery. Figure 4B. Risk & Innovation Register Example App e n d i x D RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n Eme r y Sap p ' s Sub m i t t a l Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 26RFQ 26-03 GCCM | City of Fayettville | Plainview Avenue Extension CURRENT & PROJECTED WORKLOAD 5 App e n d i x D RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n Eme r y Sap p ' s Sub m i t t a l Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 27RFQ 26-03 GCCM | City of Fayettville | Plainview Avenue Extension CURRENT & PROJECTED WORKLOAD In Northwest Arkansas, Emery Sapp & Sons (ESS) is currently managing 24 active contracts totaling approximately $369 million in value, with more than $126 million remaining to be completed. This regional workload reflects ESS’s proven ability to scale workforce, equipment, and management resources to meet the demands of complex, time-sensit ive municipal infrastructure projects. Additionally, our local NWA presence enables rapid mobilization and efficient coordination across multiple concurrent operations, positioning ESS to effectively deliver roadway, drainage, utility, and traffic-related improvements for the Plainview Avenue Extension project. Early involvement in the pre-construction phase will allow ESS to engage collaboratively with the City of Fayetteville and Garver to identify sequencing strategies, utility coordination plans, and traffic control approaches, particularly critical for work adjacent to active businesses, existing roadways, and signalized intersections. This proactive planning approach ensures resources are properly aligned, risks are mitigated early, and the project is positioned for successful execution from design through completion. KENDRICK AVENUE WIDENING Springdale, AR App e n d i x D RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n Eme r y Sap p ' s Sub m i t t a l Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 28RFQ 26-03 GCCM | City of Fayettville | Plainview Avenue Extension BONDING CAPACITY & RATE 6 App e n d i x D RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n Eme r y Sap p ' s Sub m i t t a l Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 29RFQ 26-03 GCCM | City of Fayettville | Plainview Avenue Extension BONDING CAPACITY & RATE Insurance · Bonds · Employee Benefits · Financial Services 101 E. McCarty St. www.winter-dent.com Local 573-634-2122 P.O. Box 1046 Fax 573-636-7500 Jefferson City, MO 65102-1046 Toll Free 800-769-3472 April 6, 2026 City of Fayetteville, Arkansas 113 W Mountain Street Fayetteville, AR 72701 Re: Emery Sapp & Sons, Inc. RFQ 26-03, GCCM for Plainview Avenue Extension To Whom it May Concern: Winter-Dent & Company has been the surety agent for Emery Sapp & Sons, Inc. (ESS) since 1989. Their bonds are written through Liberty Mutual Insurance Company, who has favorably considered projects in excess of $150,000,000 with an aggregate program of $600,000,000. This program supports the majority of ESS’s bond needs; larger projects are approved without difficulty. This support is in addition to current and anticipated workloads. ESS’ bond rate starts at 0.72%. Liberty Mutual Insurance Company is an acceptable surety on federal bonds as listed in the Department of Treasury Circular 570 and carries an AM Best Rating of A / XV. Please understand the issuance of final bonds would be subject to review of contract terms and conditions, contract amount, bond forms and financing for each project as well as other pertinent underwriting information that is acceptable to our client and Liberty Mutual Insurance Company. Our experience with Emery Sapp & Sons, Inc. has been excellent, and we highly recommend them to you. They are a valued client of Winter-Dent & Company and Liberty Mutual Insurance Company. We are pleased to provide for their surety needs and we intend to continue to do so, subject to sound underwriting principles. Sincerely, Allison Madrid Attorney-in-Fact App e n d i x D RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n Eme r y Sap p ' s Sub m i t t a l Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 30RFQ 26-03 GCCM | City of Fayettville | Plainview Avenue Extension ARKANSAS CONTRACTOR’S LICENSE 7 App e n d i x D RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n Eme r y Sap p ' s Sub m i t t a l Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 31RFQ 26-03 GCCM | City of Fayettville | Plainview Avenue Extension ARKANSAS CONTRACTOR’S LICENSE App e n d i x D RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n Eme r y Sap p ' s Sub m i t t a l Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 32RFQ 26-03 GCCM | City of Fayettville | Plainview Avenue Extension REQUIRED FORMS 8 App e n d i x D RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n Eme r y Sap p ' s Sub m i t t a l Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 33RFQ 26-03 GCCM | City of Fayettville | Plainview Avenue Extension REQUIRED FORMS City of Fayetteville, AR RFQ 26-03, GCCM for Plainview Avenue Extension Page 21 of 24 City of Fayetteville RFQ 26-03, GCCM for Plainview Avenue Extension Section C: Signature Submittal 1. DISCLOSURE INFORMATION a. Proposer shall disclose any possible conflict of interest or disclose any financial interest with the City of Fayetteville, including, but not limited to, City of Fayetteville employees. Proposer response shall disclose if a known relationship exists between any principal or employee of submitting firm or its team members or sub-consultants, 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 for your bid/proposal to be eligible for consideration. PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRIATELY APPLIES TO YOUR FIRM: ___________1) NO KNOWN RELATIONSHIP EXISTS ___________2) RELATIONSHIP EXISTS (Please explain): __________________________________ _______________________________________________________________________________ _______________________________________________________________________________ c. I certify that; as an officer of this organization, or per the attached letter of authorization, I 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. d. Proposer agrees that they shall have a current, valid registration with the Arkansas Secretary of State at time of award from Fayetteville City Council. e. 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 any time in which they are entering into, or while 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. f. 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 any time in which they are entering into, or while 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. X App e n d i x D RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n Eme r y Sap p ' s Sub m i t t a l Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 34RFQ 26-03 GCCM | City of Fayettville | Plainview Avenue Extension City of Fayetteville, AR RFQ 26-03, GCCM for Plainview Avenue Extension Page 22 of 24 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: __________________________________________________________________ Primary Contact: ___________________________ Title of Primary Contact: _________________________ Phone#1 (cell preferred): ____________________________Phone#2: ______________________________ E-Mail Address: __________________________________________________________________________ 3. ACKNOWLEDGEMENT OF ADDENDA 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 RFQ 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 vendor to disqualification. 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. Cody Vandegriffe Project Executive cody.vandegriffe@emerysapp.com EMERY SAPP & SONS, INC 573.881.7894 479.844.5030 Jason EldredgeRFQ-26-03 Addendum 1 04.13.2026 REQUIRED FORMS App e n d i x D RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n Eme r y Sap p ' s Sub m i t t a l Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 35RFQ 26-03 GCCM | City of Fayettville | Plainview Avenue Extension REQUIRED FORMS City of Fayetteville, AR RFQ 26-03, GCCM for Plainview Avenue Extension Page 23 of 24 5. SUB CONSULTANTS AND TEAM INFORMATION: Proposer hereby certifies that proposals from the following consultants were used in the preparation of this statement of qualification. Proposer shall attach additional pages if necessary. This section only applies if GCCM is proposing a sub consultant for estimating, scheduling, accounting/payroll and non-construction trade services. Type of Work: ___________________________________________________________________________ Subcontractor's Name: ____________________________________________________________________ Arkansas License No: _____________________________________________________________________ Address: _______________________________________________________________________________ Date Firm Established: ____________________________________________________________________ Percentage of Work: ______________________________________________________________________ Type of Work: ___________________________________________________________________________ Subcontractor's Name: ____________________________________________________________________ Arkansas License No: _____________________________________________________________________ Address: _______________________________________________________________________________ Date Firm Established: ____________________________________________________________________ Percentage of Work: ______________________________________________________________________ Type of Work: ___________________________________________________________________________ Subcontractor's Name: ____________________________________________________________________ Arkansas License No: _____________________________________________________________________ Address: _______________________________________________________________________________ Date Firm Established: ____________________________________________________________________ Percentage of Work: ______________________________________________________________________ N/A N/A N/A ESS hereby certifies that no proposals from subconsultants were used in the preparation of this Statement of Qualifications. ESS is not proposing any subconsultants for estimating, scheduling, accounting/payroll, or non-construction trade services for the Plainview Avenue Extension project. All services associated with these functions will be provided directly by ESS internal staff. App e n d i x D RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n Eme r y Sap p ' s Sub m i t t a l Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 36RFQ 26-03 GCCM | City of Fayettville | Plainview Avenue Extension City of Fayetteville, AR RFQ 26-03, GCCM for Plainview Avenue Extension Page 24 of 24 6. SIGNATURE SUBMITTAL NAME OF COMPANY: _____________________________________________________________________ PHYSICAL ADDRESS: ______________________________________________________________________ MAILING ADDRESS: _______________________________________________________________________ TAX ID #: __________________________ AR. SECRETARY OF STATE FILING #: ________________________ PHONE: _____________________________________ SAM UEI #: _________________________________ E-MAIL: ________________________________________________________________________________ By submitting your response, you certify that you are authorized to represent and bind your company : SIGNATURE: _____________________________________________________________________________ PRINTED NAME: _________________________________________________________________________ TITLE: _______________________________________ DATE: _____________________________________ END OF RFQ DOCUMENT 5168-A North Oak, Springdale, AR 72764 5168-A North Oak, Springdale, AR 72764 Jason Eldredge Assistant Vice President 4.22.2026 43-1708848 100212597 R984TEX9Z6J8479.844.5030 cody.vandegriffe@emerysapp.com EMERY SAPP & SONS, INC REQUIRED FORMS App e n d i x D RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n Eme r y Sap p ' s Sub m i t t a l Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 37RFQ 26-03 GCCM | City of Fayettville | Plainview Avenue Extension ADDITIONAL BACKGROUND 9 App e n d i x D RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n Eme r y Sap p ' s Sub m i t t a l Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2 38RFQ 26-03 GCCM | City of Fayettville | Plainview Avenue Extension --Black HIiis Energy Ready ---�'- April 13, 2026 Steve King, Project Superintendent Kevin Adair, Safety Manager Emery Sapp & Sons Northwest Arkansas 5168-A North Oak Springdale, AR 72764 Dear Mr. King, On behalf of Black Hills Energy, I would like to formally recognize Emery Sapp & Sons for your unwavering commitment to safety. Regardless of the job size, your crews consistently demonstrate the highest level of safe work practices while operating around Black Hills Energy facilities. Your proactive approach not only reflects professionalism but also a genuine commitment to protecting facilities, employees and the surrounding community. Emery Sapp & Sons has taken 811 compliance to the next level by implementing annual training that serves both as a refresher for experienced employees and foundational training for new team members. This dedication to education and continual improvement sets an exceptional standard within the industry. Additionally, your willingness to reach out with questions, seek recommendations or request pre construction meetings prior to breaking ground speaks volumes about your collaborative mindset and safety-first culture. These efforts greatly reduce risk and reinforce a strong partnership built on communication and trust. Thank you, Emery Sapp & Sons, for your diligence and leadership in safety. Your efforts play a critical role in keeping our facilities, employees, contractors, customers and community safe. We sincerely appreciate your continued commitment and look forward to our ongoing partnership. Joey Msall, PE General Manager - Arkansas Operations Black Hills Energy blackhillsenerqy corn BLACK HILLS ENERGY REFERENCE App e n d i x D RFQ 26-0 3 , GCC M - Plain v i e w Ave n u e Exte n s i o n Eme r y Sap p ' s Sub m i t t a l Docusign Envelope ID: 6E0F0F5F-A88B-8A4A-83BC-3252D02B82D2