Loading...
HomeMy WebLinkAbout196-17 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 196-17 File Number: 2017-0487 RFQ 17-12 CROSSLAND CONSTRUCTION COMPANY, INC.: A RESOLUTION TO AUTHORIZE A CONTRACT WITH CROSSLAND CONSTRUCTION COMPANY, INC., PURSUANT TO RFQ 17-12, FOR CONSTRUCTION MANAGER AT RISK SERVICES FOR THE FAYETTEVILLE PUBLIC LIBRARY EXPANSION AND RENOVATION PROJECTS, TO APPROVE PHASE ONE PRE -CONSTRUCTION SERVICES IN AN AMOUNT NOT TO EXCEED $110,000.00, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $15,000.00 FOR PHASE ONE WHEREAS, Fayetteville voters approved the issuance of bonds in the amount of $26,500,000.00 for the expansion of the Fayetteville Public Library, which will be completed at the same time as the Library's renovation of its existing building; and WHEREAS, the City will be responsible for paying architectural and construction costs up to$26,900,000.00, which is the total amount raised from the sale of the bonds, with the Library responsible for the remaining approximately $23,000,000.00 in costs; and WHEREAS, the bulk of the cost of this contract will be finalized in a change order establishing a Guaranteed Maximum Price for Phase Two of 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 authorizes a contract with Crossland Construction Company, Inc., pursuant to RFQ 17-12, for Construction Manager at Risk services for the Fayetteville Public Library Expansion and Renovation Projects, including approval of Phase One pre -construction services in an amount not to exceed $110,000.00, and further approves a project contingency in the amount of $15,000.00 for Phase One. Page 1 Printed on 9/20/17 Resolution: 196-17 EI& Number- 2017-0487 PASSED and APPROVED on 9/19/2017 Attest: Sondra E. Smith, City CIerk Treasurer ["AYE EWILLE; pN ! �flvGiii�ii Q, Page 2 Printed on 9120117 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 7E 'I (479) 575-8323 Text File -- File Number: 2017-0487 Agenda Date: 9/19/2017 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: C. 2 RFQ 17-12 CROSSLAND CONSTRUCTION COMPANY, INC.: A RESOLUTION TO AUTHORIZE A CONTRACT WITH CROSSLAND CONSTRUCTION COMPANY, INC., PURSUANT TO RFQ 17-12, FOR CONSTRUCTION MANAGER AT RISK SERVICES FOR THE FAYETTEVILLE PUBLIC LIBRARY EXPANSION AND RENOVATION PROJECTS, TO APPROVE PHASE ONE PRE -CONSTRUCTION SERVICES IN AN AMOUNT NOT TO EXCEED $110,000.00, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $15,000.00 FOR PHASE ONE WHEREAS, Fayetteville voters approved the issuance of bonds in the amount of $26,500,000.00 for the expansion of the Fayetteville Public Library, which will be completed at the same time as the Library's renovation of its existing building; and WHEREAS, the City will be responsible for paying architectural and construction costs up to $26,900,000.00, which is the total amount raised from the sale of the bonds, with the Library responsible for the remaining approximately $23,000,000.00 in costs; and WHEREAS, the bulk of the cost of this contract will be finalized in a change order establishing a Guaranteed Maximum Price for Phase Two of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I: That the City Council of the City of Fayetteville, Arkansas hereby authorizes a contract with Crossland Construction Company, Inc., pursuant to RFQ 17-12, for Construction Manager at Risk services for the Fayetteville Public Library Expansion and Renovation Projects, including approval of Phase One pre -construction services in an amount not to exceed $110,000.00, and further approves a project contingency in the amount of $15,000.00 for Phase One. City of Fayetteville, Arkansas Page 1 Printed on 9/20/2017 Paul A. Becker City of Fayetteville Staff Review Form 2017-0487 Legistar File ID 9/19/2017 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 9/1/2017 CHIEF FINANCIAL OFFICER (110) Submitted By Submitted Date Division / Department Action Recommendation: Approval of an agreement for Construction Manager at Risk Services, procured thru RFQ 17-12, between the City of Fayetteville, Fayetteville Public Library and Crossland Construction Company Inc., for Phase 1 pre -construction services in a not to exceed amount of $110,000 and authorizing a project and contract contingency in the amount of $15,000. At a later date, the City and Library will consider a change order for Phase 2, for construction services which is intended to establish a Guaranteed Maximum Price (GMP) for the expansion of the Library. 4150.800.9150-5804.00 Account Number 17007.1 Project Number Budget Impact: Library Construction Fund Fayetteville Public Library Expansion Project Title Budgeted Item? Yes Current Budget $ 26,905,000.00 Funds Obligated $ 3,016,685.90 Current Balance Does item have a cost? Yes Item Cost $ 125,000.00 Budget Adjustment Attached? No Budget Adjustment Remaining Budget V20140710 Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS CITY COUNCIL MEMO MEETING OF SEPTEMBER 19, 2017 TO: Mayor and City Council THRU: Don Marr, City of Fayetteville, Chief of Staff David Johnson, Fayetteville Public Library, Executive Director FROM: Paul A. Becker, City of Fayetteville, Chief Financial Officer Stephen Davis, Fayetteville Public Library, Accounting and HR Director DATE: Friday, September 01, 2017 SUBJECT: Construction Manager at Risk Services for the Fayetteville Public Library Expansion — Phase 1 RECOMMENDATION: Approval of an agreement for Construction Manager at Risk Services, procured thru RFQ 17- 12, between the City of Fayetteville, Fayetteville Public Library and Crossland Construction Company Inc., for Phase 1 pre -construction services in an amount not to exceed $110,000, and authorizing a project and contract contingency in the amount of $15,000. At a later date, the City and Library will consider a change order for Phase 2, for construction services which is intended to establish a Guaranteed Maximum Price (GMP) for the expansion of the Library. On Tuesday, August 22, 2017 the Library Board of Trustees passed a resolution authorizing signatures for this agreement. BACKGROUND: Fayetteville Public Library began the process of evaluating space needs in late 2012 when it became clear that patron experience was being negatively impacted by increased usage of the Blair Library. The Fayetteville Public Library Board of Trustees completed a Master Plan in August 2013 indicating City of Fayetteville needed an additional 80,000 square feet of library space to serve the needs of the projected city population in 2030. Subsequent to the completion of the Master Plan, City Hospital property became available for purchase. That purchase was completed on July 5, 2017. In April 2016, the Board of Trustees authorized seeking debt service and operations & maintenance millage to fund both the construction and equipping of the proposed new space as well as the funding to operate and maintain the existing and new facilities. Fayetteville voters approved both millage requests in a referendum held August 9, 2016. The referendum authorized $26.5 million in bonds to be issued for the construction and equipping of an Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 expanded Fayetteville Public Library. The bonds were sold and generated a project fund of $26.9 million. DISCUSSION: The City of Fayetteville Purchasing Division managed the RFQ process of selecting a construction manager at risk for the Fayetteville Public Library Expansion. The Request for Statements of Qualification (RFQ) was advertised on May 11, 2017 and June 01, 2017 with a response deadline of June 21, 2017. Ten (10) responses were received. Four (4) construction management firms were short listed for interview and the selection committee selected Crossland Construction Company, Inc. to negotiate a construction manager at risk contract for the expansion and renovation project. The contract was negotiated among three (3) parties: City of Fayetteville, Fayetteville Public Library and Crossland Construction Company, Inc. The City of Fayetteville and Library staff were able to put forth a diligent effort in negotiating the overall fees on the contract, resulting in savings to the overall project budget. The contract has these signatories because the City of Fayetteville is administering the project fund of $26.9 million and Fayetteville Public Library will administer the remaining project expenditures of approximately $23 million for a combined project in excess of $49 million. The Fayetteville Public Library Foundation has committed to privately raise x$23 million. BUDGET/STAFF IMPACT: The full financial responsibility for Phase 1, in addition to the requested contingency, is a budgeted expense. The full amount of Phase 1 will be paid by the City using current project bond funds. ATTACHMENTS: The contract is composed of the following documents: - Contract Document - Appendix A: Scope of Services - Appendix B: Crossland's Fee Schedule - Appendix C: City's RFQ 17-12 - Appendix D: Crossland's Response to RFQ 17-12 - Appendix E: Resolution from Library authorizing the contract Contract agreement FOR CITY OF Construction Manager at Risk Services 9% FAYETTEVILLE FOR THE CONSTRUCTION OF THE FAYETTEVILLE PUBLIC LIBRARY ARKANSAS BETWEEN (1) FAYETEVILLE PUBLIC LIBRARY (2) Crossland Construction Company, Inc., and (3) City of Fayetteville, Arkansas THIS AGREEMENT is made this _ q day of 2017, by and between the Fayetteville Public Library as authorized by the Fayetteville Public Library Board of Trustees (herein after called FPL or LIBRARY), Crossland Construction Company, Inc. (construction manager at risk, hereinafter called CMAR, Construction Manager, or CROSSLAND), and City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE or CITY), CITY OF FAYETTEVILLE and LIBRARY from time to time requires professional CMAR services in connection with the evaluation, design, and/or construction supervision of capital improvement projects. Therefore, CITY OF FAYETTEVILLE, LIBRARY, and CMAR in consideration of their mutual covenants agree as follows: CMAR shall serve as CITY OF FAYETTEVILLE's professional CMAR consultant in those assignments to which this Agreement applies, and shall give consultation and advice to CITY OF FAYETTEVILLE during the performance of services defined in the scope of work. All services shall be performed under the direction of a CMAR registered in the State of Arkansas and licensed by the Arkansas Contractor's Licensing Board. 1. Contracted parties and relationship: a. This agreement shall be binding between all parties. Fees for CMAR services shall be provided as identified in appendices. i. CMAR Tax identification number (TIN) 48-0908190 ii. CMAR Arkansas Contractor License No. 0019620218 b. Parties agree to act on the basis of mutual trust, good faith, and fair delating, and perform in a fiscally responsible and timely manner. Parties shall each endeavor to promote harmony and cooperation among all Project participants. 2. Entire Agreement and Exhibits: This Agreement sets forth the entire agreement and understanding between the parties on the subject matter of this Agreement. Neither party shall be bound by any conditions, definitions, representations or warranties with respect to the subject matter of this Agreement other than those as expressly provided herein. a. Appendices included under this agreement include the following: i. Appendix A: Scope of Services J. Appendix B: CMAR Fee Schedule iii. Appendix C: RFQ 17-12, CMAR Services for the Fayetteville Public Library iv. Appendix D: Crossland Construction Inc.'s Response to RFQ 17-12 v. Appendix E: Resolution from the LIBRARY Board of Trustees agreeing to enter into this contract b. This agreement may be modified only by a duly executed written instrument signed by the CITY, LIBRARY, and CMAR. c. ORDER OF PRECEDENCE: In case of any inconsistency, conflict, or ambiguity among the Contract Documents, the documents shall govern in the following order: (a) Change Orders and written RFQ 17-10, CMAR Services for Fayetteville Public Library Expansion Page 1 of 25 Last Revised 08.30.17 amendments to this Agreement which are executed by all parties; (b) the Agreement; (c) CMAR's response to RFQ 17-12 (d) City's published RFQ 17-12 and associated Addenda. 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 Lioneld Jordan, 113 W. Mountain, Fayetteville, AR 72701 b. Fayetteville Public Library: Attention: Executive Director, David Johnson, 401 W. Mountain, Fayetteville, AR 72701 c. Crossland Construction Company, Inc.: Attention: Chris Schnurbusch, 1800 S. 52nd St., Suite 410, Rogers, AR 72758 4. General Provisions: i. 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,. Subsubcontractors, Suppliers, Volunteers, Elected Officials, or Others to secure preferential treatment. ii. 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. iii. 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. iv. MATERIALS FURNISHED BY OWNER OR OTHERS: If the Work includes installation of materials or equipment furnished by City, Library, or Others, it shall be the responsibility of Construction Manager to examine the items so provided and thereupon handle, store, and install the items, unless otherwise provided in the Contract Documents, with such skill and care as to provide a satisfactory and proper installation, Loss or damage due to acts or omissions of Construction Manager shall be the responsibility of Construction Manager and may be deducted from any amounts due or to become due Construction Manager, Any defects discovered in such materials or equipment shall be reported at once to the City, Library, and Design Professional. Following receipt of written notice from Construction Manager of defects, City, Library, and Design Professional shall promptly inform Construction Manager what action, if any, Construction Manager shall take with regard to the defects. v. 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. vi. 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, Library, or Others. 1. Cutting, patching, or altering the work of City, Library, or Others shall be done with the prior written approval of City, Library, and Design Professional. Such approval shall not be unreasonably withheld. RFQ 17-10, CMAR Services for Fayetteville Public Library Expansion Page 2 of 25 Last Revised 08.30.17 vii. COMPLIANCE WITH LAWS: Construction Manager shall comply with all the Law at its own cost. Construction Manager shall be liable to City and Library 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. 1. 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. viii. COST OF CORRECTING DAMAGED OR DESTROYED WORK: With regard to damage or loss attributable to the acts or omissions of City, Library, or Others and not to Construction Manager, City or Library 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, and, if appropriate, the Compensation for Preconstruction Services under this Agreement. Any equitable adjustment shall be approved by all parties. ix. Taxes and Permits: Construction Manager shall give public authorities all notices required by law and shall obtain and pay for all necessary permits, licenses, and renewals pertaining to the Work. Construction Manager shall provide to City and Library copies of all notices, permits, Licenses, and renewals required under this Agreement. Construction Manager shall pay applicable taxes and permit fees associated with the entire project. x. DISCOUNTS: All discounts for prompt payment shall accrue to City and Library. 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 and Library if after final payment. xi. City and Library 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. xii. 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. xiii. 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. RFQ 17-10, CMAR Services for Fayetteville Public Library Expansion Page 3 of 25 Last Revised 08.30.17 xiv. 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 as a whole without written consent of the other. xv. Where figures are given, they shall be preferred to scaled dimensions. xvi. The drawings and specifications are complementary. If Work is shown only on one but not on the other, Construction Manager shall perform the Work as though fully described on both. CMAR shall seek clarification from Design Professional for any discrepancies. xvii.. 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, Library, and Design Professional for clarification. Design Professional's clarifications are final and binding. xviii. DEBARMENT AND SUSPENSION: By execution of this agreement, CMAR certifies that to the best of its knowledge and belief that the CMAR and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 2. 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 of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. 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 4. (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. 5. CMAR understands that a false statement on certification regarding debarment and suspension may be grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine. I further certify that I will obtain a similar certification for each subcontract awarded in excess of $25,000. 6. Certifications for subcontracts or subsubcontracts 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. "Business Day" means all Days, except weekends and official federal or state holidays where the Project is located. RFQ 17-10, CMAR Services for Fayetteville Public Library Expansion Page 4 of 25 Last Revised 08,30.17 c. A "Change Order" is a written order signed by all Parties after execution of this Agreement, indicating changes in the scope of the Work, the GMP and Date of Substantial Completion or Date of Final Completion. d. "Contract Time" is the period between the Date of Notice to Proceed and the total time authorized to achieve Final Completion. e. "Cost of the Work" means the total costs and discounts charged to the City or Library f. The "Construction Manager at Risk" (CMAR or CM) is the person or entity identified in this contract and includes Construction Manager's Representative. g. "Day" means a calendar day unless otherwise specified h. "Defective Work" is any portion of the Work that that does not conform with the requirements of the Contract Documents. i. "Design Professional" means the licensed architect retained by the City and Library, and its subconsultants, to perform design services for the Project. j. "Final Completion" occurs on the date when CMAR's obligations under this Agreement are complete and accepted by City and Library 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. I. "Interim Directive" is a written order containing change to the Work directed by and in consultation with City, Library, and Design Professional after execution of this Agreement and before Substantial Completion. Interim Directives shall be consolidated and formalized in a change order to be signed by all parties. m. "Law" means federal, state, or local laws, ordinances, codes, rules, and regulations applicable to the Work with which Construction Manager must comply that are enacted as of the Agreement date. n. "Others" means City or Library's other: (a) contractors/constructors, (b) suppliers, (c) subcontractors, subsubcontractors, or suppliers of (a) and (b); and others employed directly or indirectly by (a), (b), or (c) or any by any of them or for whose acts any of them may be liable. o. "Overhead" means (a) payroll costs, burden, and other compensation of CMAR's employees in CMAR's principal and branch offices for work associated with this project p. "Owner" is the City of Fayetteville, Arkansas (City) and Fayetteville Public Library (Library) q. The "Owner's Program" is an initial description of Owner's objectives, including budgetary and time criteria, space requirements and relationships, flexibility and expandability requirements, special equipment and systems, site requirements, and any requirements for phased occupancy. r. The "Parties" are collectively City, Library, and CMAR. s. The "Project," is the building, facility, or other improvements for which CMAR is to perform Work under this Agreement. It may also include construction by Owner or Others. t. The "Schedule of the Work" is the document prepared by CMAR that specifies the dates on which CMAR plans to begin and complete various parts of the Work, including dates on which information and approvals are required from City and Library. RFQ 17-10, CMAR Services for Fayetteville Public Library Expansion Page 5 of 25 Last Revised 08.30.17 u. "Subcontractor" is a person or entity retained by CMAR as an independent contractor to provide the labor, materials, equipment, or services necessary to complete a specific portion of the Work. The term Subcontractor does not include Design Professional or Others. v. "Substantial Completion" of the Work, or of a designated portion, occurs on the date when the Work is sufficiently complete in accordance with the Contract Documents so that Library may occupy or utilize the Work, or a designated portion, for the use for which it is intended, without unapproved disruption. This date shall be confirmed by a certificate of Substantial Completion signed by all Parties. w. A "Subsubcontractor" is a person or entity who has an agreement with a Subcontractor or another subsubcontractor or Supplier to perform a portion of the Subcontractor's Work or supply material or equipment. x. A "Supplier" is a person or entity retained by CMAR to provide material or equipment for the Work. y. "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. z. "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. aa. "Worksite" means the area of the Project where the Work is to be performed. bb. "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, Library, and Design Professional that are considered Contract Documents, relevant field measurements made by Construction Manager, and any visible conditions at the Worksite affecting the Work. b. Should Construction Manager discover any errors, omissions, or inconsistencies in the Contract Documents, Construction Manager shall promptly report them to the City, Library, and Design Professional. Following receipt of written notice from Construction Manager of defects, City and Library shall promptly inform Construction Manager what action, if any, Construction Manager shall take with regard to the defect. c. Nothing in this section shall relieve CMAR of responsibility for its own errors, inconsistencies, or omissions. d. COST REPORTING: Construction Manager shall maintain complete, accurate, and current records that comply with generally accepted accounting principles and calculate the proper financial management under this Agreement. Construction Manager shall maintain a complete set of all books and records prepared or used by Construction Manager with respect to the Project. City and Library 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. RFQ 17-10, CMAR Services for Fayetteville Public Library Expansion Page 6 of 25 Last Revised 08.30.17 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, Library, 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 Library, 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 or Library, they shall be covered exclusively by the warranty of the manufacturer. There are no warranties which extend beyond the description on the face of any such warranty. For such incorporated items, ALL OTHER WARRANTIES EXPRESSED OR IMPLIED INCLUDING THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. c. Construction Manager shall obtain from its Subcontractors and Suppliers any special or extended warranties required by the Contract Documents. Construction Manager's liability for such warranties shall be limited to the one-year correction period, as further defined in this Agreement. After that period Construction Manager shall provide full and comprehensive assistance to the City and Library in enforcing the obligations of Subcontractors or Suppliers for such extended warranties. d. Correction of Work within Two Years If before Substantial Completion or within two -years after the date of Final Completion of the Work any Defective Work is found, City or Library shall promptly notify Construction Manager in writing. Unless City or Library 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 or Library 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 and Library waives Construction Manager's obligation to correct that Defective Work as well as City and Library's right to claim a breach of the warranty with respect to that Defective Work. ii. If Construction Manager fails to correct Defective Work within a reasonable time after receipt of written notice from City or Library before final payment, City or Library 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 or Library. 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 or Library discovers any Work which City or Library considers Defective Work, City or Library shall, unless RFQ 17-10, CMAR Services for Fayetteville Public Library Expansion Page 7 of 25 Last Revised 08.30.17 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 or Library and shall complete the correction of Work within a mutually agreed timeframe. If Construction Manager does not elect to correct the Work, Owner may have the Work corrected by itself or Others, and, if City or Library intends to seek recovery of those costs from Construction Manager, City or Library 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 or Library option and with Construction Manager's agreement, City or Library 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 or Library, 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. 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 and Library, 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 and Library. c. Construction Manager shall provide City and Library with copies of all notices required of Construction Manager by the Law. Construction Manager's safety program shall comply with the requirements of governmental and quasi -governmental authorities having jurisdiction. i. Damage or loss not insured under property insurance that may arise from the Work, to the extent caused by negligent or intentionally wrongful acts or omissions of Construction Manager, or anyone for whose acts Construction Manager may be liable, shall be promptly remedied by Construction Manager. RFQ 17-10, CMAR Services for Fayetteville Public Library Expansion Page 8 of 25 Last Revised 08.30.17 If City and Library deem any part of the Work or Worksite unsafe, City and Library, 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 and Library, or both. If Construction Manager does not adopt corrective measures, City and Library 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 and Library's reasonable request. 9. Subcontracts: a. BINDING OF SUBCONTRACTORS AND SUPPLIERS: Construction Manager agrees to bind every Subcontractor and Supplier, and require every Subcontractor to so bind its subcontractors and significant supplier, to the Contract Documents as they apply to the Subcontractor's or Supplier's applicable provisions to that portion of the Work. b. Construction Manager agrees not to subcontract construction manager at risk related services without prior written consent from the City and Library. 10. Fees, Expenses, and Payments: The maximum not -to -exceed amount authorized for this agreement is included in the breakdown shown below. Fees shall be paid to the CMAR as described in Appendix B. b. Phase 1: Pre -Construction Services i. The maximum not -to -exceed amount authorized for this phase is $110,000.00 US Dollars. Fees shall be paid to the CMAR from the City based Lump Sum basis as described in Appendix B. c. Phase 2: Guaranteed Maximum Price GMP for the expansion and renovation of the Fayetteville Public Library i. If this Agreement is executed before establishment of the Guaranteed Maximum Price and its acceptance by the City and Library, then the GMP and its basis shall be set forth in a GMP Change Order. In the event all Parties agree the drawings and specifications are sufficiently complete after bids are received, Construction Manager shall prepare and submit to the City and Library in writing a GMP. The GMP proposal shall include the cost of the Work, Construction Manager's Fee, the clarifications upon which it is based, but shall not include compensation for Preconstruction Services (Phase 1). iii.. FAILURE TO ACCEPT THE GMP PROPOSAL: Unless the City and Library both accept the GMP Proposal in writing the GMP Proposal shall not be effective. If City and Library fail to accept the GMP Proposal, or rejects the GMP Proposal, City and Library shall have the right to: 1. suggest modifications to the GMP Proposal 2. terminate the Agreement for convenience RFQ 17-10, CMAR Services for Fayetteville Public Library Expansion Page 9 of 25 Last Revised 08.30.17 iv. PRE -GMP WORK: Before City and Library acceptance of the GMP Proposal, Construction Manager shall not incur any cost to be reimbursed as part of the Cost of the Work, except as provided in this Agreement or as City and Library may specifically authorize in advanced writing. v. GMP shall include an itemized cost items from the CMAR, including but not limited to: 1. Labor wages directly employed by Construction Manager in performing of the Work. 2. Salaries of Construction Manager's employees when stationed at the field office, in whatever capacity employed, employees engaged on the road expediting the production or transportation of material and equipment, and employees from the principal or branch office as mutually agreed by the Parties in 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 or Library, 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 and Library including any additional premium incurred as a result of any increase in the GMP. 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. RFQ 17-10, CMAR Services for Fayetteville Public Library Expansion Page 10 of 25 Last Revised 08.30.17 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 persons or property. 17. Costs directly incurred in the performance of the Work or in connection with the Project, and not included in Construction Manager's Fee, which are reasonably inferable from the Contract Documents. Fees set for the construction of this project are intended to be executed upon agreement of all parties in a not to exceed form via change order. Due to the bond funding nature of this project, all parties agree payment to the CMAR shall be made as follows: The City shall be responsible for a not to exceed cap ii. The Library shall be responsible for fees above and beyond the cap set by the City and disclosed to all parties. iii. Final amounts shall be identified with a Change Order, pursuant to agreement of all parties of a Guaranteed Maximum Price. iv. Change orders for added scope beyond a GMP change order, if applicable, shall identify which entity, City or Library, will be responsible for fees. The Library shall be financially responsible for design changes made after the approval by City and Library of any aspect of design. e. CMAR shall track, log and report expenses directly related to this Agreement along with invoice which shall include schedule of values for payment for each month. Invoices shall be itemized. Invoice and payment requests shall not exceed the percentage for work completed as defined. 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 or LIBRARY, the undisputed portion shall be paid. CITY OF FAYETTEVILLE or LIBRARY shall advise CMAR in writing of the basis for any disputed portion of any invoice. CITY and LIBRARY shall make reasonable effort to pay invoices within 30 calendar days of date the invoice is approved. g. 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 and Library to establish the proper valuation of the stored materials and equipment, City and Library's title to such materials and equipment, and to otherwise protect City and Library's interests therein, including transportation to the Worksite. Materials and equipment stored offsite shall be in a bonded and insured secure facility. RFQ 17-10, CMAR Services for Fayetteville Public Library Expansion Page 11 of 25 Last Revised 08.30.17 Monthly invoices for each calendar month shall be submitted to City and Library or such parties as City and Library may designate for professional services consistent with CMAR's normal billing schedule. Once established, the billing schedule shall be maintained throughout the duration of the Project. Invoices shall be made in accordance with a format to be developed by CMAR and approved by City and Library. 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 and LIBRARY'S approval and acceptance with the satisfactory completion of professional services for the Project. Retainage in the amount of five percent (5%) will be withheld from each payment until project final completion. Upon Substantial Completion, the City and Library may release retainage on that portion of the Work a Subcontractor has completed in whole or in part, and which City and Library have accepted. Final Payment: Upon satisfactory completion of the work performed under this Agreement, as a condition before final payment under this Agreement, or as a termination settlement under this Agreement, CMAR shall execute and deliver to CITY OF FAYETTEVILLE and LIBRARY a release of all claims against CITY OF FAYETTEVILLE and LIBRARY arising under or by virtue of this Agreement, except claims which are specifically exempted by CMAR to be set forth therein. Unless otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the parties to this Agreement, final payment under this Agreement or settlement upon termination of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE or LIBRARY's claims against CMAR or sureties under this Agreement. 11. Project Bonding: Performance and payment bonding. After execution of this contract by all parties, CMAR shall provide a 100% separate performance and payment bond from a bonding company, licensed to do business in the state of Arkansas, to the City of Fayetteville and Library after being file marked at the Washington County Circuit Clerk's Office. Bonds shall be provided within ten (10) calendar days after GMP change order has been executed and approved by all parties. Construction contracts for the project shall not be entered into between the CMAR and sub -contractor without a 100% payment and performance bond in the amount of the contract and any amendments thereto and shall provide for the manner in which the construction shall be managed and supervised. Bonds shall be valid and exchanged between all parties prior to the start of work. 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: 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 regard to the obligations of the Contract Documents. RFQ 17-10, CMAR Services for Fayetteville Public Library Expansion Page 12 of 25 Last Revised 08.30.17 c. Unless instructed by City and Library 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 Library 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 and Library. Except as otherwise directed by City and Library, 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 and Library may determine the sequence in which the Work shall be performed, provided it does not unreasonably interfere with the approved project schedule. City and Library 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, Library or Others. If Construction Manager consequently incurs costs or is delayed, the GMP or the Dates of Substantial or Final Completion, or both, Construction Manager may seek equitable adjustment. 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 and Library written notice of the claim. If Construction Manager causes delay in the completion of the Work, City and Library shall be entitled to recover its additional costs. MONITORING PROGRESS AND COSTS: Following acceptance by City and Library of the GMP, Construction Manager shall establish a process for monitoring actual costs against the GMP and actual progress against the Schedule of Work. Construction Manager shall provide written reports to City and Library at intervals as agreed to by all Parties on the status of the Work, showing variances between actual costs and the GMP and actual progress as compared to the Schedule of Work, including estimates of future costs and recovery programs if actual progress indicates that the Dates of Substantial Completion or Final Completion may not be met, 13. Substantial Completion: Construction Manager shall notify City and Library and, if directed, Design Professional when it considers Substantial Completion of the Work or a designated portion to have been achieved. City and Library, 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 and Library without excessive interference in completing any remaining unfinished Work. If City and Library determine that the Work or designated portion has not reached Substantial Completion, City and Library, with the assistance of its Design Professional, shall promptly compile a list of items to be completed or corrected so City and Library 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. RFQ 17-10, CMAR Services for Fayetteville Public Library Expansion Page 13 of 25 Last Revised 08.30.17 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 Library and, if directed, to Design Professional for written acceptance of responsibilities assigned in the Certificate of Substantial Completion. c. Unless otherwise provided in the Certificate of Substantial Completion, warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or a designated portion. d. Upon City and Library's written acceptance of the Certificate of Substantial Completion, City and Library shall pay to Construction Manager the remaining retainage held by City and Library for the Work described in the Certificate of Substantial Completion less a sum equal to one hundred and fifty percent (150%) of the estimated cost of completing or correcting remaining items on that part of the Work, as agreed to by the Parties as necessary to achieve Final Completion, including all close outs. Uncompleted items shall be completed by Construction Manager in a mutually agreed upon timeframe. 14. Final Completion: i. Upon notification from Construction Manager that the Work is complete and ready for final inspection and acceptance, City and Library, 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. ii. When the Work is complete, Construction Manager shall prepare for City and Library's written acceptance a final application for payment stating that to the best of Construction Manager's knowledge, and based on City and Library's inspections, the Work has reached Final Completion in accordance with the Contract Documents. iii. Final payment of the balance of the GMP shall be made to Construction Manager within thirty (30) Days after Construction Manager has submitted an application for final payment, pending the application has been approved by the City and Library, including submissions required, and a Certificate of Final Completion has been executed by all Parties. iv. Final payment shall be due on Construction Manager's submission of the following to the City and Library: 1. 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 and Library's property; 2, as -built drawings, manuals, copies of warranties, and all other close-out documents required by the Contract Documents; 3. release of any liens, conditioned on final payment being received; 4. consent of any surety; and RFQ 17-10, CMAR Services for Fayetteville Public Library Expansion Page 14 of 25 Last Revised 08.30.17 5. any outstanding known and unreported accidents or injuries experienced by Construction Manager or its Subcontractors at the Worksite. v. 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. If approved by City and Library, they shall 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 Library 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, but otherwise shall be governed by this section. vi. 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. CMAR shall ensure that the City of Fayetteville/Library 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 surer ' ii. CMAR shall have each subcontractor, sub -subcontractor and material supplier execute a written receipt evidencing acknowledgment of this statement prior to commencement of the work of the subcontractor or material supplier. 15. Liquidated Damages: a. SUBSTANTIAL COMPLETION: Liquidated damages based on the Substantial Completion date, to be determined in a GMP Change Order, shall apply. i. City and Library will suffer damages which are difficult to determine and accurately specify if the Substantial Completion date, which may be amended by Change Order, is not attained. Construction Manager shall pay City and Library five thousand US dollars ($5,000 USD) per calendar day as liquidated damages and not as a penalty for each Day that Substantial Completion extends beyond the Substantial Completion date. 16. 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. 17. Jurisdiction: Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law applying to the case. 18. Venue: Venue for all legal disputes shall be Washington County, Arkansas. RFQ 17-10, CMAR Services for Fayetteville Public Library Expansion Page 15 of 25 Last Revised 08.30.17 19. Freedom of Information Act: City of Fayetteville and Library 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 or Library, the CMAR shall do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25- 19-101 et. Sec.). Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance. 20. Changes in Scope or Price: Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. 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 following limits of liability: b. Employers' Liability Insurance i, $1,000,000 bodily injury by accident per accident. ii. $1,000,000 bodily injury by disease policy limit. iii. $1,000,000 bodily injury by disease per employee c. Business Automobile Liability Insurance $1,000,000 per accident. d. Commercial General Liability Insurance i. $2,000,000 per occurrence. ii. $5,000,000 general aggregate iii. $4,000,000 products/completed operations aggregate. iv. $2,000,000 personal and advertising injury limit. e. 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. f. 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 and Library may purchase such coverage and charge the expense to Construction Manager, or terminate this Agreement. g. 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 and Library written notice transmitted in paper or 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 and Library with certificates of insurance until RFQ 17-10, CMAR Services for Fayetteville Public Library Expansion Page 16 of 25 Last Revised 08.30.17 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 and Library prompt written notice upon actual or constructive knowledge of such condition. h. Certificates of Insurance shall list the City and Library as Additional Insured Parties. PROPERTY INSURANCE: 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. Unless otherwise directed in writing by City and Library, before starting the Work, CMAR shall obtain and maintain a Builder's Risk Policy upon the entire Project for the full cost of replacement at the time of loss, including existing structures. This insurance shall also (a) name Construction Manager, Subcontractors, Subsubcontractors, and Design Professional as named insureds; (b) be written in such form to cover all risks of physical loss except those specifically excluded by the policy; and (c) insure at least against and not exclude: 1. the perils of fire, lightning, explosion, windstorm, hail, smoke, aircraft (except aircraft, including helicopter, operated by or on behalf of Construction Manager) and vehicles, riot and civil commotion, theft, vandalism, malicious mischief, debris removal, flood, earthquake, earth movement, water damage, wind damage, testing if applicable, collapse, however caused; 2. damage resulting from defective design, workmanship, or material; 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 and Library 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 RFQ 17-10, CMAR Services for Fayetteville Public Library Expansion Page 17 of 25 Last Revised 08.30.17 City and Library has secured the consent of the insurance company or companies providing the coverage required in this subsection. Before commencing the Work, City and Library shall provide a copy of the property policy or policies obtained. iv. If City and Library elect to purchase the property insurance required by this Agreement, including all of the coverages and deductibles for the same durations specified, City and Library 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 and Library may then provide insurance to protect its interests and the interests of the Constructor, Subcontractors, Suppliers, and Subsubcontractors. The cost of this insurance shall be paid by City and Library in a Change Order. If City and Library gives written notice of its intent to purchase property insurance required by this Agreement and fails to purchase or maintain such insurance, City and Library shall be responsible for costs reasonably attributed to such failure. The Parties each waive all rights against each other and their respective employees, agents, contractors, subcontractors, suppliers, subsubcontractors, 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. To the extent of the limits of Construction Manager's Commercial General Liability Insurance, Construction Manager shall indemnify and hold harmless City and Library against any and all liability, claims, demands, damages, losses, and expenses, including attorneys' fees, in connection with or arising out of any damage or alleged damage to any of City and Library'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, Subsubcontractor, or anyone employed directly or indirectly by any of them or by anyone for whose acts any of them may be liable. }. 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. ADDITIONAL GENERAL LIABILITY COVERAGE: City and Library shall require Construction Manager to purchase and maintain additional liability coverage. Construction Manager shall provide: Additional Insured. City and Library 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. RFQ 17-10, CMAR Services for Fayetteville Public Library Expansion Page 18 of 25 Last Revised 08.30.17 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 CMAR. Before commencing the Work, Construction Manager shall provide either a copy of the OCP policy, or a certificate and endorsement evidencing that City and Library have been named as an additional insured, as applicable. P. ROYALTIES, PATENTS, AND COPYRIGHTS: Construction Manager shall pay all royalties and license fees 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 and Library harmless from all suits or claims for infringement of any patent rights or copyrights arising out of such selection. m. 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 and Library, 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. 22. Professional Responsibility: CMAR will exercise reasonable skill, care, and diligence in the performance of services and will carry out its responsibilities in accordance with customarily accepted professional practices. CITY OF FAYETTEVILLE or LIBRARY will promptly report to CMAR any defects or suspected defects in services of which CITY OF FAYETTEVILLE or LIBRARY becomes aware, so CMAR can take measures to minimize the consequences of such a defect. CITY OF FAYETTEVILLE and LIBRARY retains all remedies to recover for its damages caused by any negligence of CMAR. 23. Responsibility of the City of Fayetteville and Library a. CITY OF FAYETTEVILLE and LIBRARY shall, within a reasonable time, so as not to delay the services of CMAR: i. Provide full information as to the requirements for the Project. ii. Assist CMAR by placing at CMAR's disposal all available information pertinent to the assignment including previous reports and any other data relative thereto. iii. Assist CMAR in obtaining access to property reasonably necessary for CMAR to perform its services. iv. Examine all studies, reports, sketches, cost opinions, proposals, and other documents presented by CMAR and render in writing decisions pertaining thereto. v. Review all documents and provide written comments to CMAR in a timely manner. vi. The City of Fayetteville Facilities Director and Library Representative are the project representatives with respect to the services to be performed under this Agreement. The RFQ 17-10, CMAR Services for Fayetteville Public Library Expansion Page 19 of 25 Last Revised 08.30.17 Facilities Director and Library Representative 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 CMAR relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, cost estimating and operating results are based on CMAR's experience, qualifications, and judgment as a CMAR professional. 25. Period of Service: This Agreement will become effective upon the first written notice by CITY OF FAYETTEVILLE and LIBRARY authorizing services hereunder. a. The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the Project through completion of the services stated in the Agreement. CMAR shall proceed with providing the authorized services immediately upon receipt of written authorization from CITY OF FAYETTEVILLE and LIBRARY. Said authorization shall include the scope of the services authorized and the time in which the services are to be completed. The anticipated schedule for this project is included with Appendix B. 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 and LIBRARY for its convenience, provided that CMAR is given: i. Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, J. An opportunity for consultation with the terminating party prior to termination. c. If termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment in the price provided for in this Agreement shall be made, but i. No amount shall be allowed for anticipated profit on unperformed services or other work, ii. Any payment due to CMAR at the time of termination may be adjusted to cover any additional costs to CITY OF FAYETTEVILLE because of CMAR's default. d. If termination for default is effected by CMAR, or if termination for convenience is effected by CITY OF FAYETTEVILLE or LIBRARY, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to CMAR for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by CMAR relating to commitments which had become firm prior to the termination. e. Upon receipt of a termination action under Paragraphs above, CMAR shall: i. Promptly discontinue all affected work (unless the notice directs otherwise), ii. Deliver or otherwise make available to CITY OF FAYETTEVILLE and LIBRARY all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may RFQ 17-10, CMAR Services for Fayetteville Public Library Expansion Page 20 of 25 Last Revised 08.30.17 have been accumulated by CMAR in performing this Agreement, whether completed or in process. f. Upon termination under sections above CITY OF FAYETTEVILLE and LIBRARY may take over the work and may award another party an agreement to complete the work under this Agreement. g. If, after termination for failure of CMAR to fulfill contractual obligations, it is determined that CMAR had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of CITY OF FAYETTEVILLE and LIBRARY. 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 CMAR are suspended or delayed by CITY OF FAYETTEVILLE, LIBRARY or by other events beyond CMAR's reasonable control, CMAR shall be entitled to additional compensation and time for reasonable documented costs incurred by CMAR in temporarily closing down or delaying the Project. b. In the event the services are suspended or delayed by CMAR, CITY and LIBRARY shall be entitled to compensation and time for reasonable costs incurred in temporarily closing down or delaying the Project. 28. Rights and Benefits a. CMAR's services shall be performed solely for the benefit of CITY OF FAYETTEVILLE and LIBRARY 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/LIBRARY and CMAR which arise from, or in any way are related to, this Agreement, including, but not limited to the interpretation of this Agreement, the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE/LIBRARY or CMAR in the performance of this Agreement, and disputes concerning payment. b. Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If timely Notice is given as described in this agreement, but an action is initiated prior to exhaustion of these procedures, such action shall be stayed, upon application by either party to a court of proper jurisdiction, until the procedures in this agreement have been complied with. c.- Notice of Dispute i. For disputes arising prior to the making of final payment promptly after the occurrence of any incident, action, or failure to act upon which a claim is based, the party seeking relief shall serve the other party with a written Notice. ii. For disputes arising within one year after the making of final payment, CITY OF FAYETTEVILLE shall give CMAR written Notice at the address listed in this agreement within thirty (30) calendar days after occurrence of any incident, accident, or first observance of defect or damage. In both 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 LIBRARY and CMAR shall confer in an effort to resolve the dispute. If the dispute cannot be resolved at that level, then, upon written request of either side, the matter shall be referred to the President of CMAR, Executive Director of LIBRARY and the Mayor of CITY RFQ 17-10, CMAR Services for Fayetteville Public Library Expansion Page 21 of 25 Last Revised 08.30.17 OF FAYETTEVILLE or his 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 and LIBRARY represent that they have sufficient funds or the means of obtaining funds to remit payment to CMAR for services rendered by CMAR. The CITY shall not be liable for funds in excess of the proceeds of the voter approved bond issue. All parties agree if funding should become insufficient to complete the project, CMAR shall be notified in a timely manner. 31. Publications: a. Recognizing the importance of professional services on the part of CMAR's employees and the importance of CMAR's public relations, CMAR may prepare publications, such as technical papers, articles for periodicals, promotional materials, and press releases, in electronic or other format, pertaining to CMAR's services for the Project. Such publications will be provided to CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and provide CITY OF FAYETTEVILLE's comments to CMAR, CITY OF FAYETTEVILLE may require deletion of proprietary data or confidential information from such publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold approval. Approved materials may be used in a variety of situations and do not require additional review or approval for each use. The cost of CMAR's activities pertaining to any such publication shall be for CMAR's account. 32. Indemnification: a. The CITY requires the CMAR to indemnify, defend and hold harmless the CITY OF FAYETTEVILLE AND LIBRARY for any loss caused by negligence and from and against any and all loss where loss is caused or incurred or alleged to be caused or incurred in whole or in part as a result of the negligence or other actionable fault of the CMAR, or their employees, agents, Subcontractors, sub consultant and Suppliers of the CMAR. 33. Ownership of Documents: a. All documents provided by CITY OF FAYETTEVILLE/LIBRARY including original drawings, CAD drawings, estimates, field notes, and project data are and remain the property of CITY OF FAYETTEVILLE/LIBRARY. CMAR may retain reproduced copies of drawings and copies of other documents. b. Engineering and architectural documents, computer models, drawings, specifications and other hard copy or electronic media prepared by CMAR as part of the Services shall become the property of CITY OF FAYETTEVILLE and LIBRARY when CMAR has been compensated for all Services rendered, provided, however, that CMAR shall have the unrestricted right to their use. CMAR shall, however, retain its rights in its standard drawings details, specifications, databases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of CMAR. c. Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced. CMAR makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings/hard copies and the electronic files, the sealed drawings/hard copies will govern. 34. Additional Responsibilities of CMAR: a. Review, approval, or acceptance of design drawings, specifications, reports and other services furnished hereunder by CITY or LIBRARY shall not in any way relieve CMAR of responsibility for the technical adequacy of the work. Review, approval or acceptance of, or payment for any of the services by CITY or RFQ 17-10, CMAR Services for Fayetteville Public Library Expansion Page 22 of 25 Last Revised 08.30.17 LIBRARY shall not be construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. b. CMAR shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF FAYETTEVILLE caused by CMAR's negligent performance, except beyond the CMAR's normal standard of care, of any of the services furnished under this Agreement, and except for errors, omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE-furnished data. c. CMAR's obligations under this clause are in addition to CMAR's other express or implied assurances under this Agreement or State law and in no way diminish any other rights that CITY OF FAYETTEVILLE and LIBRARY may have against CMAR for faulty materials, equipment, or work. 35. Audit and Access to Records: a. CMAR shall maintain books, records, documents and other evidence directly pertinent to performance on work under this Agreement in accordance with generally accepted accounting principles and practices consistently applied in effect on the date of execution of this Agreement. b. CMAR shall also maintain the financial information and data used by CMAR in the preparation of support of the cost submission required for any negotiated agreement or change order and send to CITY OF FAYETTEVILLE AND LIBRARY a copy of the cost summary submitted. CITY OF FAYETTEVILLE, LIBRARY, the State or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. CMAR will provide proper facilities for such access and inspection. c. Records shall be maintained and made available during performance on assisted work under this Agreement and until three years from the date of final payment for the project. In addition, those records which relate to any controversy arising out of such performance, or to costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. d. This right of access clause (with respect to financial records) applies to: i. Negotiated prime agreements ii. Negotiated change orders or agreement amendments affecting the price of any formally advertised, competitively awarded, fixed price agreement iii. Agreements or purchase orders under any agreement other than a formally advertised, competitively awarded, fixed price agreement. However, this right of access does not apply to a prime agreement, lower tier sub agreement or purchase order awarded after effective price competition, except: 1. With respect to record pertaining directly to sub agreement performance, excluding any financial records of CMAR; 2. If there is any indication that fraud, collusion, gross abuse or corrupt practices may be involved; 3. If the sub agreement is terminated for default or for convenience. 36. Covenant Against Contingent Fees: a. CMAR warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement of understanding for a commission, percentage, brokerage or continent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by CMAR for the purpose of securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE or LIBRARY shall have the right to annul this Agreement without liability or at its discretion, RFQ 17-10, CMAR Services for Fayetteville Public Library Expansion Page 23 of 25 Last Revised 08.30.17 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 or LIBRARY finds after a notice and hearing that CMAR or any of CMAR agents or representatives, offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official, employee or agent of CITY OF FAYETTEVILLE, LIBRARY, or related third party contractor associated with this project, in an attempt to secure an agreement or favorable treatment in awarding, amending or making any determinations related to the performance of this Agreement, CITY OF FAYETTEVILLE may, by written notice to CMAR terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and remedies that the law or this Agreement provides. However, the existence of the facts on which CITY OF FAYETTEVILLE or LIBRARY bases such finding shall be in issue and may be reviewed in proceedings under the Remedies clause of this Agreement. b. The CITY may pursue the same remedies against CMAR as it could pursue in the event of a breach of the Agreement by CMAR. As a penalty, in addition to any other damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue exemplary damages in an amount, as determined by CITY, which shall be not less than three nor more than ten times the costs CMAR incurs in providing any such gratuities to any such officer or employee. 38. Clarification and Understanding of all parties: a. All parties acknowledge the City of Fayetteville's financial contribution is limited to the bond proceeds directly related to this project. As such, the City of Fayetteville hereby becomes a co -signatory Owner on this contract. The specific City role and accounting requirements may further be defined at the time of the Construction Phase cost Guaranteed Maximum Price (GMP) change order. i. All parties agree and acknowledge that the City of Fayetteville may exercise its rights enumerated in the above language prior to expending proceeds from the bond proceeds for the Fayetteville Public Library Expansion. Expenditure of bond proceeds shall not waive any right under this agreement. All parties agree and acknowledge financial liability for payment of all CMAR fees are the responsibility of the LIBRARY after the CITY has spent all bond related funds for this project, which also includes expenses for a construction manager, design professional, and related work. 1. All parties agree if funding should become insufficient to complete the project, CMAR shall be notified in a timely manner. b. The citizens of Fayetteville voted to authorize the Fayetteville City Council to issue bonds to fund a portion of the Fayetteville Public Library Expansion Project. c. All parties agree and acknowledge that all funds derived from the City's sale of the bonds may only be spent or used for purposes authorized by the City voters and applicable state law. d. All parties agree and acknowledge the City of Fayetteville has no further responsibility nor liability for costs or the completion of any construction, design, or other contract concerning the Fayetteville Public Library Expansion beyond the expenditures noted above. e. The Fayetteville Public Library Board of Trustees and the Fayetteville Public Library agree to work with the City of Fayetteville to prominently display a bronze or comparable material plaque inside the Fayetteville Public Library's main Lobby stating "The Fayetteville Public Library thanks the citizens and taxpayers of Fayetteville for their over $XX million investment for the project name and year". Wording shall be finalized with the LIBRARY and CITY prior to procuring the plaque. RFQ 17-10, CMAR Services for Fayetteville Public Library Expansion Page 24 of 25 Last Revised 08,30.17 IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, FAYETTEVILLE PUBLIC LIBRARY through the Fayetteville Public Library Board of Trustees and Crossland Construction Company, Inc.., by its authorized officer have made and executed this Agreement as of the day and year first above written. ATTEST: By: [ n. 4'& Sondra E. Smith, City Clerk/Treasurer CROSSLAND CONSTRUCTION COMPANY, -INC. B Chris Schnurbusch, President South East Region or Date Signed: Ij ,7�JNC& 11 1111'}` FAYETTEVILLE PUBLIC LIBRARY By:9shyy He GPresident Date Signed: 0 1 ckf--ad ATTEST: By: _ hl Rob Qualls, Secretary Date Signed:�� Library Board of Trustees Resolution approved and dated: 2212 D END OF AGREEMENT FOR PROFESSIONAL CONSTRUCTION MANAGER AT RISK SERVICES RFQ 17-10, CMAR Services for Fayetteville Public Library Expansion Page 25 of 25 Last Revised 08.30.17 RFQ 17-12, Appendix A APPENDIX A - SCOPE OF SERVICES CONSTRUCTION MANAGER AT RISK SERVICES FOR THE EXPANSION OF THE FAYETTEVILLE PUBLIC LIBRARY 1. General Conditions a. CMAR shall provide construction manager at risk services to the City and Library for the design development, construction drawings, bidding, construction observation and ancillary services, including services to prepare necessary documents for permitting approval through the Large Scale Development process, necessary to construct an, at minimal, LEED Silver (or greater) certified expansion to the existing Fayetteville Public Library Blair Building of approximately 80,000 square feet and selective renovations to the existing Library. b. The bond issue passed by the citizens of Fayetteville identified the bond issue approved by the citizens of Fayetteville provides partial funding for the expansion/renovation of the library. Any funds required to complete the expansion/renovation above the bond issue will be privately raised by FPL c. The Library has completed a Master Plan identifying space needs through 2030. It is intended for the Master Plan to serve as the starting point for architectural services requested in this request for qualifications. The new expansion shall achieve a minimum standard of LEED Silver Certification as designated by the U.S. Green Building Council (USGBC.). Meeting the living building challenge as defined by the Living Future Institute is desirable depending on funding availability. d. The expansion of the Fayetteville Public Library will be constructed by connecting the existing library and expanding onto the site of the former City Hospital. e. The City and Library shall be responsible for asbestos abatement on buildings currently on the old City Hospital site which are intended to be demolished. f. Construction contracts for the project shall not be entered into between the CM and sub- contractor without a 100% payment and performance bond in the amount of the contract and any amendments thereto and shall provide for the manner in which the construction shall be managed and supervised. Bonds shall be valid and exchanged between all parties prior to the start of work. 2. Construction Manager's (CMAR) Responsibilities: a. General Responsibilities i. Construction Manager shall provide all labor, materials, equipment, and services necessary to complete the Work, all of which shall be provided in full accord with the Contract Documents. J. Construction Manager represents that it is an independent contractor and that it is familiar with the type of work required by this Agreement, iii. Unless the Contract Documents instruct otherwise, Construction Manager shall be responsible for the supervision and coordination of the Work, including the construction means, methods, techniques, sequences, and procedures utilized. iv. Construction Manager shall perform Work only within locations allowed by the Contract Documents, Law, and applicable permits. b. Construction Personnel and Supervision i. Construction Manager shall provide competent supervision for the performance of the Work. Before commencing the Work, Construction Manager shall notify City and Library Contract for Construction Manager at Risk Services - Expansion of the Fayetteville Public Library Appendix A - SCOPE OF SERVICES Page 1 of 12, Last Updated: 08.30.2017 in writing of the name and qualifications of its proposed superintendent(s) and project manager, so City and Library may review the vendor's qualifications. If, for reasonable cause, City and Library refuses to approve the individual, or withdraws its approval after once giving it, Construction Manager shall name a different superintendent for City and Library review. ii. Construction Manager shall be responsible to City and Library for acts or omissions of entities performing portions of the Work for or on behalf of Construction Manager or any of its Subcontractors. iii: Construction Manager shall permit only fit and skilled persons to perform the Work. Construction Manager shall enforce safety procedures, strict discipline and good order among persons performing the Work. If City and Library determine a person(s) does not follow safety procedures, or is unfit or unskilled for the assigned work, Construction Manager shall immediately reassign the person on receipt of City and Library's written notice to do so. iv. CONSTRUCTION MANAGER'S REPRESENTATIVE: Construction Manager's authorized representative shall be approved by the City and Library. Construction Manager's Representative shall possess full authority to receive instructions from City and Library and to act on those instructions. If Construction Manager changes its representative or their authority, Construction Manager shall immediately notify City and Library in writing. c. CLEAN UP I, Construction Manager shall regularly remove debris and waste materials at the Worksite resulting from the Work. Before discontinuing Work in an area, Construction Manager shall clean the area and remove all rubbish and its construction equipment, tools, machinery, waste, and surplus materials. Construction Manager shall minimize and confine dust and debris resulting from construction activities. At the completion of the Work, Construction Manager shall remove from the Worksite all construction equipment, tools, surplus materials, waste materials, and debris. V. If Construction Manager fails to commence compliance with cleanup duties within two (2) calendar days after written notification from City and Library of non-compliance, City and Library may implement appropriate cleanup measures without further notice and the cost shall be deducted from any amounts due or to become due to Construction Manager in the next payment period. 3. Phase 1: General Pre -Construction Services a. Conceptual Estimate i. Crossland identifies it has a long history of providing accurate and efficient estimating and budgeting services. The budgeting process shall begin with the development of a conceptual estimate. 1. The conceptual estimate will be developed with minimal information, such as program goals and building square footage using an extensive cost database of educational facilities, which is managed with Modelogix software. CMAR shall apply those costs to the project to accurately establish preliminary budget expectations. Upon establishing realistic budget expectations for the project, Contract for Construction Manager at Risk Services - Expansion of the Fayetteville Public Library Appendix A - SCOPE OF SERVICES Page 2 of 12, Last Updated: 08.30.2017 CMAR shall further develop a conceptual estimate based on the specific size, location, and use of the project. ii. A detailed conceptual estimate shall include information such as an itemized breakdown of all direct construction costs, expected quantities of all work items, preliminary specification expectations, preliminary general condition and fee costs, and a detailed list of scope assumptions. The conceptual estimate shall become the basis on which all other estimates are based. iii. CMAR guarantees the conceptual estimate, which may include up to a 10% contingency, to be within 3% of the final GMP. iv. PRELIMINARY EVALUATION Construction Manager shall provide a preliminary evaluation of Owner's Program and report such findings to City, Library and Design Professional. v. CONSULTATION: CMAR shall attend regular meetings as scheduled by the Design Professional with project team. Construction Manager shall consult with City, Library and Design Professional regarding site use and improvements and the selection of materials, building systems, and equipment. Construction Manager shall provide recommendations on construction feasibility; actions designed to minimize adverse effects of labor or material shortages; time requirements for procurement, installation, and construction completion; and factors related to construction cost, including estimates of alternative designs or materials. vi. SCHEDULE OF THE WORK When Project requirements have been sufficiently identified, Construction Manager shall prepare a preliminary Schedule of the Work for Design Professional's review and City and Library approval. Construction Manager shall coordinate and integrate the Schedule of the Work with the services and activities of City and Library, Construction Manager, Design Professional, and the requirements of governmental entities. As design proceeds, Construction Manager shall update the Schedule of the Work to indicate proposed activity sequences, durations, or milestone dates for such activities as receipt and approval of pertinent information, issuance of the drawings and specifications, the preparation and processing of shop drawings and samples, delivery of materials or equipment requiring long -lead-time procurement, City and Library occupancy requirements and estimated date of Substantial Completion of the Project. If Schedule of the Work updates indicate that milestone dates contained in prior Schedules of the Work will not be met, Construction Manager shall notify and make recommendations to City and Library. If the Project is to be completed in phases, Construction Manager shall make recommendations to City, Library and Design Professional regarding the phased issuance of the drawings and specifications. vii. Estimates 1. When City and Library have sufficiently identified Owner's Program and other Project requirements and Design Professional has prepared other basic design criteria, Construction Manager shall prepare, for the review of Design Professional and approval of Owner, an initial estimate for the Project, utilizing area, volume, or similar conceptual estimating techniques. When schematic or preliminary design documents have been completed by Design Professional and approved by City and Library, Construction Manager shall prepare for the review of Design Professional and approval of City and Library, a more detailed budget with supporting data. During the preparation of the design development documents or documents of comparable detail, Contract for Construction Manager at Risk Services - Expansion of the Fayetteville Public Library Appendix A - SCOPE OF SERVICES Page 3 of 12, Last Updated: 08.30.2017 Construction Manager shall update and refine this estimate at appropriate intervals agreed upon by all Parties. When design development documents or documents of comparable detail have been completed by Design Professional and approved by City and Library, Construction Manager shall prepare a further detailed estimate with supporting data for review by Design Professional and approval by City and Library. During the preparation of the drawings and specifications, Construction Manager shall update and refine this estimate at appropriate intervals agreed upon by all Parties. 4. If any estimate submitted to City and Library exceeds previously approved estimates, Construction Manager shall notify and make recommendations to City and Library. 5. TEMPORARY FACILITIES: Construction Manager shall make recommendations regarding temporary construction facilities, equipment, materials, and services for common use by Construction Manager, its Subcontractors, Subsubcontractors, and Suppliers. 6. LONG -LEAD-TIME ITEMS: Construction Manager shall recommend to City, Library and Design Professional a schedule for procurement of long -lead-time items which will constitute part of the Work as required to meet the Schedule of the Work. Construction Manager shall help expedite the delivery of long -lead-time items. 7. SOLICITATION OF SUBCONTRACTORS AND SUPPLIERS 8.. EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION Construction Manager shall consult with City and Library regarding equal employment opportunity and affirmative action programs. 9. CONSULTANTS: Construction Manager shall assist City and Library in coordinating the professional services of a surveyor, testing laboratories, and special consultants as needed. 10. PERMITS: Construction Manager shall assist City and Library in obtaining building permits and special permits for permanent improvements, except for permits required to be obtained directly by Construction Manager. 11. OTHER PRECONSTRUCTION SERVICES: Construction Manager shall provide such other preconstruction services as are agreed upon by all Parties and identified in an attached exhibit to this Agreement. b. Schematic Design Gather information related to existing on-site structures which are intended to be demolished and identify LEED design principles that may impact design, cost, and LEED evaluation. Contract for Construction Manager at Risk Services - Expansion of the Fayetteville Public Library Appendix A - SCOPE OF SERVICES Page 4 of 12, Last Updated: 08.30.2017 ii. Evaluation of the site based upon topography, utilities, and environmental Conditions iii. Public Involvement: 1. The architectural project team will conduct a total of two full days of public involvement sessions, up to four (4) sessions per day between the hours of 7AM to 8PM. The City and Library will be responsible for locating and arranging facilities for the public meeting/workshop in the vicinity of the project and be responsible for publishing all public notices. CMAR shall send one representative, at minimum, to each session in order to maintain involvement and knowledge on the project. a. Additional public involvement days shall be charged at the rate of $250.00 USD per day for coordinated meetings. iv. Attend coordination meetings with City/Library staff and any pertinent external agencies (County, State and Federal) as required to determine and gain approvals from all pertinent entities. v. Participate in meetings with architectural team, City/Library staff to review building square footage, required utilities, drainage, zoning and traffic needs to develop Schematic Design Documents. vi. Attend Pre -Development meeting and address points of clarification regarding the project. vii. Review and provide feedback to Schematic Design Documents, Preliminary Specifications, schematic cost estimate and schedule (15% plan review). Also review and provide feedback to necessary documents for Large Scale Development review through the City Planning Office. viii. After receiving schematic design comments, coordinate with Design Professional and applicable divisions to resolve comments in preparation for review by Planning Commission. ix. Respond in writing to all comments on plans, as necessary x. Coordinate with private utilities and service providers xi. Design Professional will be responsible for presenting plans to the Planning Commission for Large Scale Development approval xii. Provide a schematic cost estimate and conceptual project schedule. c. Design Development Phase i. Crossland shall serve as an involved party during the Design phase with the City and Library's selected architect team. CMAR shall work synergistically alongside architectural team to ensure project costs are aligned with the conceptual estimate. ii. Each aspect of the project, including material selection, construction installation means and methods, product lead times, and market conditions, shall thoroughly be discussed and the estimate shall be updated in real time. iii. As the need arises, CMAR shall consult with local subcontractors and suppliers to get opinions of probably cost on any unique items or materials the design is proposing. With real time updates to the estimate, CMAR shall deliver a Design Development Estimate at the time the design team delivers the Design Development documents. This shall result in the elimination of a pause in design work in order for a Design Development budget to be established. iv. CMAR shall define and develop all trade bid packages. Bid packages shall be reviewed and approved by the City of Fayetteville and Library representatives prior to being released for the bidding process. Contract for Construction Manager at Risk Services - Expansion of the Fayetteville Public Library Appendix A - SCOPE OF SERVICES Page 5 of 12, Last Updated: 08.30.2017 v. Coordinate with the architectural team to prepare and submit three (3) sets of Design Development Documents including Detailed Specifications, Detailed Cost Estimate and schedule to the City/Library staff for review and approval. (50% plan review). Components to include: 1. Site plans, paving layouts, traffic circulation, lighting, signage and utilities 2. Floor plans, Structural, Civil, Architectural, Storm Water Pollution Prevention Plan (SWPPP), MEP, Fire Protection and landscaping 3. Exterior elevations, rendering and color palette 4. Building sections and details 5. Interior elevations, casework and millwork elevations 6. Drainage Study and calculations, as required by City 7. Report addressing all City's Design Criteria and Code requirements vi. Assist architectural team to respond in writing to all City comments on plans vii. Assist architectural team in coordination of final utility plans viii. Facilitate with architectural team and City/Library cost -benefit analyses to determine most cost-effective construction after evaluation of life -cycle cost impact. d. Construction Documents Phase i, Construction Manager shall review the drawings and specifications in an effort to identify potential constructability problems which could impact Construction Manager's ability to perform the Work in an expeditious and fiscally responsible economical manner. Construction Manager shall issue a report to Design Professional, City and Library for review and action as appropriate. In addition, Construction Manager shall promptly report to City, Library and Design Professional any errors or omissions which it discovers in the drawings and specifications. ii. Bid packages shall be developed for the following 1. Demolition of the former City Hospital. - a. City and Library shall be responsible for the removal of asbestos. 2. Expansion of the Fayetteville Public Library 3. Renovation of the existing Fayetteville Public Library iii. Bid packages shall be developed to accurately bid the procurement of trade contractor and supplier contracts. Bid packages shall be inclusive and encompass a portfolio of all the documents need to take part in the project. Potential bidders shall be given a description of skills and qualification requirements needed to complete the project on time, and within budget, and meet quality requirements. iv. Unique bid packages shall be developed for each trade and be customized to reflect requirements due to project location, complexity, schedule requirements, and current construction economy. Bid packages may be combined when practically and financially feasible, or when an economy of scale savings can be obtained. Partial bid packages can also be constructed when project requirements are unique and limited to a small number of skilled craftsmen. The ability to submit partial bid packages shall be encouraged to enable small, local firms within the community to participate. The final make-up of the bid packages shall ensure the most cost-effective procurement process for the project and offer the City and Library the greatest overall value. Bid packages at a minimum shall include: 1. Design documents 2. Detailed specifications 3. Synopsis of the project Contract for Construction Manager at Risk Services - Expansion of the Fayetteville Public Library Appendix A - SCOPE OF SERVICES Page 6 of 12, Last Updated: 08.30.2017 4. Timelines for overall project completion and including timelines for subcontractor's completion 5. Project background information 6. A detailed scope of work required for each trade v. Assist architectural team in completing Construction Documents/Plans and Specifications. Architectural team will submit three (3) sets to City staff, and electronic versions as necessary, for Code and general review and approval as well as Construction Manager and City/Library for cost analyses. (90% plan review). Vi. Attend follow up meetings with City Development Services and Fire Marshall vii, Complete final coordination with private utilities and service providers viii. Assist Design Professional team to prepare and submit three (3) complete sets of Construction Documents, and electronic versions as necessary, including 90% written responses, Specifications and Architect's Cost Estimate and schedule to: 1. Fayetteville Public Library/City of Fayetteville Development Services for review and approval (100% plan review) ix, Assist architectural team in correcting plans to reflect issues noted by Review for Permit, inclusive of any necessary redesign prompted from the permit process. x. Construction Documents/Plans, Specifications and Project Drawings shall be routed through the City of Fayetteville Development Services, Planning, Engineering, Building Safety, Fire Marshal, and Urban Forestry for required approvals. e. Bid Phase All trade contracts shall be publicly bid. If CMAR chooses to pursue a specific scope of work as a Trade Contractor, it shall do so at the same guidelines and requirements as outlined by the bid packages stipulated to all bidders. This ensures a competitive and equal bidding opportunity for all parties. 1. All overhead costs and fees shall be included in the bids submitted by the CMAR for self -performed work. There shall be no additional charges to the City or Library. Any trade bid submitted by the CMAR shall be a sealed bid, in the same manner as all other subcontractors and suppliers. ii. Coordinate with CMAR and City Purchasing Division to ensure all procedures followed for this phase meet state laws and City of Fayetteville Policies. iii. Assist Design Professional in providing an electronic set of bid documents to the City Purchasing Division. The City Purchasing Division will be responsible for distribution to all interested parties. iv. CMAR's or designated representative shall be in attendance for the pre-bid meeting and shall be available as needed to finalize addendum documents. v. Coordinate with architect team and City Purchasing Division during any process involving Request for Information (RFI). vi. In the event the CMAR desires to self -perform a portion of the work or a trade package, the CMAR shall submit a bid package in the same manner as other interested parties. vii. Bid opening shall be held at the City of Fayetteville Administration Building, City Hall, at a time and date coordinated in advance with the City Purchasing Division. viii. All bid shall be submitted to the City of Fayetteville Purchasing Division. ix. The bid tabulation shall be constructed by the City, Library and Design Professional team. Due to the fact the CMAR may wish to self -perform, the CMAR shall not assist in the preparation of the bid tabulation unless the CMAR does not bid on any trade packages. x. Once subcontractor and supplier bids have been confirmed to be complete and each company's ability to complete the project has been confirmed, the CMAR shall make Contract for Construction Manager at Risk Services - Expansion of the Fayetteville Public Library Appendix A - SCOPE OF SERVICES Page 7 of 12, Last Updated: 08.30.2017 recommendations to the entire project team for review. The 'open book' nature of this process shall ensure the most qualified responsive responsible bidder is contracted with for each trade. All parties shall agree to all subcontractors in advance of GMP. A. CMAR shall review Architect's Recommendation of Award Letter that includes the following required content: 1. Check for and identify math errors and any mathematical discrepancies 2. Review for unbalance bid items 3. Explanation of discrepancies between the final estimate and bids. Provide value engineering services as necessary to insure the project is being designed within the established budget. 4. Coordinate with City/Library/Architect team to develop a Value Engineering list, if necessary, at no additional fee. 5. Recommendation to award xii, Attend City Council/Library Board of Trustee meeting(s) related to any change orders. xiii. Produce and transmit to selected contractor electronic versions of project manuals ready for execution with City's Notice of Intent to Award (NOI). xiv. Attend City Council/Library Board of Trustee meeting(s) for the recommendation for award of Contract(s) for Construction. 4. Phase 2 (applicable upon successful change order authorized by all parties) CMAR Services with a Guaranteed Maximum Price (GMP): a. Construction Administration i. Put forth diligent and fiscally responsible efforts to ensure the project will be completed on time and within budget. ii. Attend Pre -Construction meeting and conduct regular, as jointly determined by City/Library and Design Professional, construction progress meetings. iii. Coordinate with City, Library, and Architect on all Request for Change Proposals, Change Orders, etc. including maintaining a log of all such documents. iv. Design Professional is contracted to provide regular construction administration services. CMAR shall provide field services, progress meetings, and progress payment review and assistance on a bi-monthly basis. v. Review site visit report from the architectural team, City of Fayetteville Facilities Management Division, and Library Representative at least one (1) time per month. vi. Coordinate with the Design Professional to conduct Substantial Completion Inspection. CMAR shall create punch list, substantiate that items noted are completed. Design Professional to issue Substantial Completion Certificate. vii. City of Fayetteville Facilities Management Division, CMAR, and Library Representative shall be notified to attend all on-site meetings, review and approve all pay requests, and change order review prior to Mayor's approval. viii.. Facilitate Pre -Construction meeting and conduct regular, as jointly determined by City/Library and Design Professional, construction progress meetings to include City Development Services Department. ix. Provide Construction Administration. 1. Review, log and approve submittals, shop drawings, Request for Information etc. 2. Review Construction Materials Testing reports. 3. Prepare, review and submit applications for payment. 4. Coordinate with architect team on all Request for Change Proposals, Change Orders, etc. including maintaining a log of all such documents. Contract for Construction Manager at Risk Services - Expansion of the Fayetteville Public Library Appendix A - SCOPE OF SERVICES Page 8 of 12, Last Updated: 08.30.2017 x. Conduct Substantial Completion Inspection, coordinate with architect team to review, supplement and finalize punch list, substantiate that items noted are completed, and issue Substantial Completion Certificate. b. Change Order Management i. A change order or variation request shall identify a verified change in scope from what is documented in the project contract. Crossland Construction shall completely state the extent and implications of any change in design or scope of work to provide a clear baseline for the ensuing discussions between all parties. Within the collaborative culture of the project, any participating organization that identifies a change in the contracted scope of works is expected to report that change and provide evidence to support it. Common sources of change order generation include: 1. DESIGN MODIFICATIONS: Involves revisions to contract documents which shall only be initiated by the City or Library 2. ADDITIONAL OR REDUCED SCOPE OF WORK: At the City or Library's discretion, the contract scope of may be expanded as a result of enhancements to the design or reduced because of budget considerations and value engineering. 3. CITY OR LIBRARY DIRECTED SCHEDULE ACCELERATION OR SLOWDOWN: Based on the City or Library's directive to modify the contractor's planned performance on a project which may cause additional costs to be incurred as a result of acceleration or delay requirements. c. Scheduling i. Pre -Construction Phase: Scheduling the Pre -Construction phase of the project is critical and requires a team effort between the Owner, design professionals, and the Construction Manager. A successful collaborative effort will ensure the construction phase of the project begins on'time. Pre -Construction schedule shall provide the following 1. Design durations and milestones 2. Durations for local government approval processes 3. Milestones for Owner decisions, such as product colors 4. Estimating durations and milestones for update submissions 5. Milestones for ordering long lead time products ii. Construction Phase: CMAR project management team shall utilize extensive facility construction experience and understanding of proper sequencing of construction activities to produce accurate and realistic schedule expectations. Tasks and guidelines used in schedule creation and maintenance include the following: 1. Schedule all submittal and approval tasks 2. Structure the schedule by phase 3. Milestones, such as notice to proceed, rebar delivery, slab completions, steel delivery date, building dry -in, HVAC start-up, etc. 4. Update the schedule every 15 days 5. Review the schedule with subcontractors weekly 6. Report to the team any schedule impact occurrence iii. Schedule Adherence: Creating and maintaining strong schedules shall be taken very serious. As the Construction Phase approaches the Pre -Construction Team shall partner with the Construction Team and ensure the schedule milestones and demands are thoroughly communicated. Contract for Construction Manager at Risk Services - Expansion of the Fayetteville Public Library Appendix A - SCOPE OF SERVICES Page 9 of 12, Last Updated: 08.30.2017 1. During the Construction Phase the schedule shall be constantly monitored by the Project Manager and Superintendent. The Superintendent shall create a "three week look ahead" schedule for the entire Project Team - Owner, Architects, Engineers, Subcontractors, etc - to ensure schedule expectations are thoroughly communicated. These schedules, along with other objectives, shall be discussed at weekly progress meetings with the entire project team. Minutes of these meetings shall be issued weekly to all parties to ensure all parties maintain evaluation of the project and schedule at all times. Any changes to this schedule shall be discussed with the City and Library as well as other project team members regularly to encourage project efficiency and collective team synergy, d. Cost Control i. CMAR shall be responsible for cost control the project and completing the project on time and within budget.. CMAR shall maintain quality -control tests to ensure no cost overruns are encountered. ii. CMAR shall be responsible for the project's budget. iii. Should the City and Library initiate changes or should unforeseen circumstances arise, CMAR shall work within the budget without incurring burdensome extra costs. e. Quality Control i. CMAR shall employ highly trained and committed staff that applies quality control measures to ensure oversight to all aspects of the project. Aspects of the CMAR's Quality Control Program shall include but not be limited to: 1. Pre and Post Install Meetings ensure all parties know and understand responsibilities before a task is started and quality checks after the task is completed 2. Subcontractors shall be required to install quality work which meets or exceeds the plans and specifications. Steps to correct deficient work shall be at the CMAR's expense. 3. Storm Water Best Managed Practices (BMPs) shall installed prior to the start of construction and maintained throughout construction 4. Software Implementation (Bluebeam) 5. 3rd Party Testing reports will be shared with the design team, City and Library 6. Material storage and maintenance — ensure no material is damaged by weather 7. Daily inspections by Superintendent 8. Diligent housekeeping 9. Bi -monthly City -Library -Architect -Contractor Meetings Site Security i. CMAR shall take proper security measures to protect property and the general public. Project security measures shall include but not be limited to: 1. Site perimeter fence with controlled access through all gates 2. Security Camera Monitoring 3. Coordinated and well-defined traffic control Site Coordination CMAR shall apply effective communication to the entire team of construction activities. CMAR shall ensure the site to be highly coordinated in order to be efficient, safe, and cost effective. CMAR shall coordinate with the team in the following ways, at minimal: Contract for Construction Manager at Risk Services - Expansion of the Fayetteville Public Library Appendix A - SCOPE OF SERVICES Page 10 of 12, Last Updated: 08.30.2017 1. Pre -Construction Meeting 2. Pre -installation (Project Requirements Review) meetings with the subcontractors 3. City/Library, Design Professional and CMAR Meetings 4. Weekly Subcontractor Coordination Meetings 5. Daily communication between office and field personnel h. Project Close Out i. Provide Warranty Administration Services during the entire Warranty Period. Architect shall issue Warranty Reports and review items after the CMAR has notified the City/Library that these items are complete. ii. Produce and provide services as needed during the project close out process. iii. Obtain and review close out submittal from the contractor for completeness before transmitting to the City/Library which include but are not limited to: 1. Punch Out 2. Project Directory 3. Substantial Completion 4. Final Inspection 5. Certificate of Occupancy 6. Commissioning a. Start up and testing reports b. Building commissioner report c. Training records 7. Final Documentation a. Warranty information i. CMAR's Statement of Warranty ii. Manufacturer's Warranties iii. One Year Materials & Workmanship from each Subcontractor iv. Special Requested Warranties b. Approved Submittals for each scope of work c. As -Built Drawings and notes d. Release of Liens and Lien Waivers e. Consent of surety f. Material Safety Data Sheet (MSDS) g. Operator and Maintenance Manuals i. 0&M for Plumbing, Electric, HVAC, & Misc. Equipment and Systems h. 0&M manuals and all as-builts shall be provided in a neat organized fashion, in a bound format, tabbed and labeled by trade i. The final O&M manuals and as-builts shall also be provided in an electronic format i. Spare parts and maintenance products 8. Final Completion a. Review final as -built drawings for accuracy (as-builts to be provided by CMAR). iv. Issue Final Completion and Acceptance letter to the City/Library recommending acceptance. v. Final retainage released upon City and Library approval 5. City and Library, Responsibilities: Contract for Construction Manager at Risk Services - Expansion of the Fayetteville Public Library Appendix A - SCOPE OF SERVICES Page 11 of 12, Last Updated: 08.30.2017 a. Right of entry to the properties b. Adjacent property owner notifications and public meeting notices. c. Previous available surveys, reports, etc. d. Paying all plan review fees and advertising costs. e. Furnishing all permits and providing permit review fees. f. Provide basemap drawing based upson city planimetrics showing contours, structures, right-of- way, property lines, easements, and all utilities including private sewer service connections. 6. CMAR free Schedule: Refer to Appendix B Contract for Construction Manager at Risk Services - Expansion of the Fayetteville Public Library Appendix A - SCOPE OF SERVICES Page 12 of 12, Last Updated:. 08.30.2017 C O O O O Y VOi O O x S(I gm:)jJuls iulU,lCL. R 7 N N Ienpinipul .. Q Sq sjnog 1910L N Sl4nV = r -I F ry � � v 0000 7 M M N LL Hllnf o o oo o CL 8i-nnf 7 N Q L)81 -SUN 4 7 0 0 0 N 0 ® cn Si-jdV wYw - ci 8I-ga3 � 0 0 0 0 z Oca o 0 00 0 00 v � a 0 CC 4zt 0 Ll-^OrI a rn Li-1�0 0 M 0 V 0 0 0 00 O O O O O E LI-daS M 00 C N o a. `o N _o C C C C U G L y o 0 E rr/^� E y o E o d E b c o N C nv _ E rel 5 E - Uj r] a U N �1 C bL U O a.+ U N C > ,Y ro w N C O F iy Q r C 0 0� U i C it U ,F c o o E �' o � ro E E E E c 0 U W o to _ C F.c n� o 0 C C C ro aa'aa a � v v y o O y O O o t E « •r1 O O O O O " 2 C O m y a N C e73 4-a 'O v o `v 2 $ r U E 0 o a otom— 9%. r2 K m z P C 'I 7 Y OF FAYETTEEVILLE ARKANSAS RFQ 17-12, Appendix C City of Fayetteville, AR Purchasing Division, Room 306 113 W. Mountain Street Fayetteville, AR 72701 Phone: 479-575-8220 TDD (Telecommunication Device for the Deaf): 479.521.1316 RFQ 17-12, Construction Manager Services for Fayetteville Public Library Expansion DEADLINE: Wednesday, June 21, 2017 prior to 2:00:00 PM, local time DELIVERY LOCATION: Room 306 —113 W. Mountain, Fayetteville, AR 72701 PURCHASING AGENT: Les McGaugh, Imcgaugh@fayetteville-ar.gov DATE OF ISSUE AND ADVERTISEMENT: 05/11/17 and 06/01/17 No late qualifications will be accepted. RFQ'S shall be submitted in sealed envelopes labeled with the project name, contact name, and address of the Proposer. 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. Submittals shall be submitted in sealed envelopes labeled with the solicitation number, solicitation name, and name and address of the firm. The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated herein, and in strict accordance with the specifications and general conditions of 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 Purchasing Manager. Name of Firm: Contact Person: E -Mail: Business Address: City: Signature: Title: Phone: State: Zip: Date: City of Fayetteville, AR RFQ 17-12, Construction Manager Services for Fayetteville Public Library Expansion Page 1 of 23 City of Fayetteville RFQ 17-12, Construction Manager Services for Fayetteville Public Library Expansion Advertisement City of Fayetteville, Arkansas and Fayetteville Public Library Request for Statements of Qualification RFQ 17-12, Construction Manager Services for Fayetteville Public Library Expansion The City of Fayetteville in coordination with the Fayetteville Public Library (City/Library) is accepting statements of qualifications from construction management firms licensed to do business within the State of Arkansas to provide, construction management / general contractor (CM/GC) services as a construction management at risk (CMAR) / guaranteed maximum (GMP) project for the LEED certified expansion to the existing Fayetteville Public Library Blair Building of approximately 80,000 square feet and renovate the existing library approximately 88,000 square feet. Professional Services required include: 1. Ensure all funds are spent in accordance with State of Arkansas Procurement laws 2. Guaranteed maximum price construction 3. Estimating 4. Sub -contractor bidding 5. Project and change order pricing 6. Demolition 7. Schedule control 8. Cost reduction and control 9. Project coordination 10. Project close out 11. Warranty To be considered, statements of qualification shall be received at the City Administration Building, City Hall, Purchasing — Room 306, 113 West Mountain, Fayetteville, Arkansas by Wednesday, June 21, 2017 before 2:00:00 PM, local time. Forms & 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 Les McGaugh at Imcpaugh@fayetteville-ar.gov or (479)575-8220. Statements of qualification submitted 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. City of Fayetteville, AR RFQ 17-12, Construction Manager Services for Fayetteville Public Library Expansion Page 2 of 23 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. 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, ARKANSAS By: Les McGaugh Title: Purchasing Agent Ad dates: 05/11/17 and 06/01/17 City of Fayetteville, AR RFQ 17-12, Construction Manager Services for Fayetteville Public Library Expansion Page 3 of 23 City of Fayetteville RFQ 17-12, Construction Manager Services for Fayetteville Public Library Expansion Table of Contents SECTION: Cover Page Advertisement SECTION A: General Terms & Conditions SECTION B: Vendor References SECTION C: Signature Submittal SECTION D: Project Summary and Scope of Work SECTION E: Draft Agreement for Architectural Services — to be issued via Addendum or negotiated after selection City of Fayetteville, AR RFQ 17-12, Construction Manager Services for Fayetteville Public Library Expansion Page 4 of 23 PAGE NUMBER 01 04 05 12 13 16 City of Fayetteville RFQ 17-12, Construction Manager Services for Fayetteville Public Library Expansion SECTION A: General Terms & Conditions 1. SUBMISSION OF A STATEMENT OF QUALIFICATION SHALL INCLUDE: 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 this 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. Statement should be no more than twenty five (25) pages; single sided, standard, readable, print on standard 8.5x11 papers. Proposers are also allowed to submit a three (3) page (maximum) executive summary. The following items will not count toward the page limitations: appendix, cover sheet, 3 -page executive summary, resumes (resumes shall be no more than 1 page per person), and forms provided by the City for completion. d. All Proposers shall submit eight (8) identical paper copies of their statement of ttualification as well as one 1 electronic copy on a properly labeled CD or other electronic media device. The electronic copy submitted should be submitted as a SINGLE FILE in format acceptable to Adobe in a save able format. Files contained on the CD or electronic media shall not be restricted against saving or printing. The electronic copy shall be identical to the original papers submitted. Electronic copies shall not be submitted via e-mail to City employees by the Proposer. e. 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. f. Proposers shall submit a statement of qualification based on documentation published by the Fayetteville Purchasing Division. g. Proposals shall be enclosed in sealed envelopes or packages addressed to the City of Fayetteville, Purchasing Division, Room 306, 113 W. Mountain, Fayetteville, AR 72701. The name, address of the firm and Bid, RFP, or RFQ number shall be on the outside of the packaging as well as on any packages enclosed in shipping containers or boxes. h. Proposals must follow the format of the RFQ.. Proposers should structure their responses to follow the sequence of the RFQ, if provided. i. 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. 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. k. 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 Purchasing Division Office. 2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION: City of Fayetteville, AR RFQ 17-12, Construction Manager Services for Fayetteville Public Library Expansion Page 5 of 23 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 Purchasing Department. 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. 3. 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. 4. EVALUATION CRITERIA: The evaluation criterion defines 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 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. S. 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. 6. ORAL PRESENTATION: An oral presentation and/or interview may be requested of any firm, at the selection committee's discretion. 7. CONFLICT OF INTER 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 Les McGaugh, City Purchasing Agent, 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 City of Fayetteville, AR RFQ 17-12, Construction Manager Services for Fayetteville Public Library Expansion Page 6 of 23 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. 8. WITHDRAWAL OF PROPOSAL: A proposal may be withdrawn at any time. 9. LATE PROPOSAL OR MODIFICATIONS: a. 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 bids. Proposers should call the Purchasing Division at (479) 575-8220 to insure receipt of their submittal documents prior to opening time and date listed. b. The time set for the deadline shall be local time for Fayetteville, AR on the date listed. All proposals shall be received in the Purchasing Division BEFORE the deadline stated. The official clock to determine local time shall be the atomic clock located in the Purchasing Division, Room 306 of City Hall, 113 W. Mountain, Fayetteville, AR. 10. LOCAL 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 local, 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. 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. 11. 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." 12. 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. sec.). 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. 13. 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. 14. VARIANCE FROM STANDARD TERMS & CONDITIONS:. City of Fayetteville, AR RFQ 17-12, Construction Manager Services for Fayetteville Public Library Expansion Page 7 of 23 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. 15. 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, Purchasing Division, immediately. 16. PAYMENTSAND 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 Purchasing 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. Payments can be processed through Proposers acceptance of Visa at no additional costs to the City for expedited payment processing. The City will not agree to allow any increase in hourly rates by the contract without PRIOR Fayetteville City Council approval. 17. 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. 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. 18. ASSIGNMENT, SUBCONTRACTING, CORPORATE ACQUISITIONS ANDJOR MERGERS: a. The CMAR 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 CMAR 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. 19. 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 City of Fayetteville, AR RFQ 17-12, Construction Manager Services for Fayetteville Public Library Expansion Page 8 of 23 x 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. 20. 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. 21. SERVICES AGREEMENT: A written agreement, in substantially the form attached, 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. 22..INTEGRITY OF STATEMENT OF QUALIFICATION (RFQ) DOCUMENTS: Proposers shall use the original RFQ form(s) provided by the Purchasing Division and enter information only in the spaces where a response is requested. Proposers may use an attachment as an addendum to the RFQ form(s) if sufficient space is not available on the original form for the Proposer to enter a complete response. Any modifications or alterations to the original RFQ documents by the Proposer, whether intentional or otherwise, will constitute grounds for rejection of such RFQ 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. 23. 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/propose r's/protestor's 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 strictly prohibited 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 Purchasing 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. 24. DEBARRED ENTITIES: By submitting a statement of qualification, vendor states submitting entity is not a debarred company with the federal, any state, or local government. 25. OTHER GENERAL CONDITIONS: a. 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. The City reserves the right to request any additional information it deems necessary from any or all Proposers after the submission deadline. 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 City of Fayetteville, AR RFQ 17-12, Construction Manager Services for Fayetteville Public Library Expansion Page 9 of 23 reimbursement to the Proposer for any expense so incurred, regardless of whether or not the proposal is accepted. d. 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. e. Any uncertainties shall be brought to the attention to Les McGaugh immediately via telephone (479.575.8220) or e- mail(Imcgatagh@fayetteviile-ar.gov). It is the intent and goal of the City of Fayetteville Purchasing Division to provide documents providing a clear and accurate understanding of the scope of work to be completed and/or goods to be provided. We encourage all interested parties to ask questions to enable all Proposers to be on equal terms. f. Any inquiries or requests for explanation in regard to the City's requirements should be made promptly to Les McGaugh, City of Fayetteville, Purchasing Agent via e-mail (Imcgaugh@favetteville-ar.gov) or telephone (479.575.8220). 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. g. 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. h. 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 RFas content or to exclude any relevant or essential data. i. 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. j. 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 substan- tially 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. k. 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. 26. INSURANCE: a. Any project selected under this RFQ shall require professional liability insurance in the amount of $5 million US dollars, at minimum. Such Certificate of Insurance shall list the City and Library as an additional insured and not be required unless firm is awarded a contract. Certificate of insurance shall be provided within 10 (ten) calendar City of Fayetteville, AR RFQ 17-12, Construction Manager Services for Fayetteville Public Library Expansion Page 10 of 23 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. is Professional/Comprehensive General Liability Insurance: Minimum $5 million ii. Builder's Risk (if not provided by the City) iii. Worker's Compensation: Statutory amount iv. General Automotive Insurance as required by state law 27. SELECTION CRITER 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 the 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 ****NOTE: Fees shall NOT be included with any statement of qualification. Price shall not be a considered 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. City of Fayetteville, AR RFQ 17-12, Construction Manager Services for Fayetteville Public Library Expansion Page 11 of 23 City of Fayetteville RFQ 17-12, Construction Manager Services for Fayetteville Public Library Expansion SECTION B: Vendor References The following information is required from all firms so all statements of qualification may be reviewed and properly evaluated: COMPANY NAME: NUMBER OF YEARS IN BUSINESS: HOW LONG IN PRESENT LOCATION: TOTAL NUMBER OF CURRENT EMPLOYEES: FULLTIME PARTTIME NUMBER OF EMPLOYEES PLANNED FOR THIS CONTRACT: FULLTIME PARTTIME PLEASE LIST FOUR (4) REFERENCES IN WHICH CMAR HAS PREVIOUSLY PERFORMED CONTRACT SERVICES FOR WITHIN THE PAST FIVE (5) YEARS FOR PROJECTS OF SIMILAR SCOPE AND SIZE (All fiefs must be completed): 1. 2. COMPANY NAME COMPANY NAME CITY, STATE, ZIP CITY, STATE, ZIP CONTACT PERSON CONTACT PERSON TELEPHONE TELEPHONE FAX NUMBER FAX NUMBER E-MAIL ADDRESS E-MAIL ADDRESS 3. 4. COMPANY NAME COMPANY NAME CITY, STATE, ZIP CITY, STATE, ZIP CONTACT PERSON CONTACT PERSON TELEPHONE TELEPHONE FAX NUMBER FAX NUMBER E-MAIL ADDRESS E-MAIL ADDRESS City of Fayetteville, AR RFQ 17-12, Construction Manager Services for Fayetteville Public Library Expansion Page 12 of 23 City of Fayetteville RFQ 17-12, Construction Manager Services for Fayetteville Public Library Expansion SECTION C: Signature Submittal 1. Disclosure Information Proposer shall disclose any possible conflict of interest or disclose any financial interest with the City of Fayetteville or Fayetteville Public Library, including, but not limited to, any relationship with any City of Fayetteville, Fayetteville Public Library employee, or member of the Fayetteville Public Library Board of Trustees. 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, Fayetteville Public Library employee, or elected City of Fayetteville or appointed Fayetteville Public Library Board of Trustee official. 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). I certify that; as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the information provided herein are accurate and true; and my organization shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment. 2. Additional 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 submitto 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. Name of Firm: Name of Primary Contact: Title of Primary Contact: Phone#1 (cell preferred): E -Mail Address: Phone#2: 3. Please 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 City of Fayetteville, AR RFQ 17-12, Construction Manager Services for Fayetteville Public Library Expansion Page 13 of 23 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. . ADDENDUM NO. SIGNATURE AND PRINTED NAME DATE ACKNOWLEDGED 4. As an interested party on this project, you are required to provide debarment/suspension certification indicating in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. 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. 5. 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. 6. 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 CMAR 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: City of Fayetteville, AR RFQ 17-12, Construction Manager Services for Fayetteville Public Library Expansion Page 14 of 23 Questions regarding this form should be directed to the City of Fayetteville Purchasing Division. NAME: COMPANY: PHYSICAL ADDRESS: MAILING ADDRESS: TAX ID#: DUNS#: PHONE: FAX: E-MAIL: Signed by: SIGNATURE: PRINTED NAME: TITLE: DATE: City of Fayetteville, AR RFQ 17-12, Construction Manager Services for Fayetteville Public Library Expansion Page 15 of 23 City of Fayetteville RFQ 17-12, Construction Manager Services for Fayetteville Public Library Expansion SECTION D: PROJECT SUMMARY AND SCOPE OF WORK A). P ROJ ECT S U M MARY The City of Fayetteville in coordination with the Fayetteville Public Library (City/Library) is accepting statements of qualifications from licensed professionals to provide construction management at risk/general contractor (CM/GC) services as a construction management at 401 W Mountain St., Fayetteville, AR 72701. This LEED certified expansion is expected to expand the existing Fayetteville Public Library Blair Building of approximately 80,000 square feet and renovate the existing library approximately 88,000 square feet. The Library has completed a Master Plan identifying space needs through 2030. The new expansion shall achieve a minimum standard of LEED Certification as designated by the U.S. Green Building Council (USGBC.). Meeting the living building challenge as defined by the Living Future Institute is desirable depending on funding availability. II. The City of Fayetteville and Library are currently in the process of selecting an architectural firm to serve as the lead design professional for this project. III.The expansion of the Fayetteville Public Library will be constructed by connecting to the existing Library and expanding onto the site of the former City Hospital. The City of Fayetteville/Library will abate and remove the existing asbestos in the old City Hospital building prior to contracting for the full demolition of the old City Hospital building by the CMAR. Asbestos removal is not included in the scope of this RFP. IV.On March 16, 2017, the Arkansas Supreme Court issued its opinion in Stone Heirs v. Washington Regional Medical Center, et al, CV -16-277, affirming the trial court's ruling in favor of the City of Fayetteville and Washington Regional Medical Center. The Stone heirs did not request a rehearing by the Court within the time permitted by law. The final mandate was then issued on April 4, 2017, and no further hearings or appeals will follow. The Library anticipates closing for possession of the land by the middle of May. V. Phasing and award: One contract will be awarded with multiple phases. Phase one will include demolition of the existing City Hospital structure. Phase two is intended to be the expansion of the new Library, following with Phase three for remodeling the existing Library. The balance of the contract will be contingent on Issuance of the Bond and formal approval from the Fayetteville City Council. VI. Proleetfunding: The total project funding is encompassed by a combination of voter approved [August 9, 2016] bond issue (approximately $26 million) and privately raised funds (approximately $23 million) and is expected to be completed in two (2) or more phases contingent on raising private funding. B). PROJECT INFORMATION & REQUIREMENTS I. 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 - City of Fayetteville, AR RFQ 17-12, Construction Manager Services for Fayetteville Public Library Expansion Page 16 of 23 consultant professionals does not include subcontractor trades for the actual construction items (Electrical, HVAC, etc.) as those items will be bid by the CMAR after contract award. I. Responses shall not include price or 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 negotiate each phase as a not to exceed fee with the selected firm. II. It is the intent of this project to enter into a mutually beneficial agreement indicated by the draft provided with this RFQ. a. Reference Section E for a draft agreement intended to be used with this project (expected to be issued via addendum after finalization). Final agreement is, subject to negotiation with the final selected firm. III. The Primary responding firm shall be experienced in constructing, renovating or expanding municipal public libraries or other renovations and expansions of similar nature. Respondents to this RFQ shall submit at least three (3) similar type projects within the past 10 years that demonstrates new, remodel, or additions to existing libraries or similar projects. Projects listed shall have been completed by the employees/associates that will be assigned to this project. IV. At least one firm on the project team shall have successful proven experience and available certifications from the USGBC in constructing LEED Certified Buildings. SCOPE OF WORK I, 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. Coordination with the selected architectural team is critical for all phases. Selected Primary firm shall coordinate with the architectural team in order to achieve best value for the overall success of the project, including working to achieve maximum cost savings. II. PHASE 1: Demolition and stabilization of former City Hospital a. CMAR shall assist the City/Library selected Architectural team to develop cost estimates for demolition, bid documents, procurement in coordination with the City, administration of sub- contractors, etc. Asbestos removal will be completed by the City/Library before demolition. III. PHASE 2: Expansion of Library a. 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 energy efficiency, interact with the design team for review of documents, etc. b. Coordinate with the architectural team to prepare and submit three (3) sets of Schematic Design Documents, Preliminary Specifications, schematic cost estimate and schedule to the City/Library staff for review and approval. (15% plan review). i. After receiving schematic design comments, meet with applicable divisions to resolve comments in preparation for review by Planning Commission ii. Assist architectural team in responding in writing to all City/Library comments on plans iii. Assist architectural team in coordinating with private utilities and service providers City of Fayetteville, AR RFQ 17-12, Construction Manager Services for Fayetteville Public Library Expansion Page 17 of 23 c. Design Development Phase i. Assist architectural team to define and develop all trade bid packages. Those packages shall be reviewed and approved by the City of Fayetteville and Library representatives prior to being released for the bidding process. ii. Coordinate with the architectural team to prepare and submit three (3) sets of Design Development Documents including Detailed Specifications, Detailed Cost Estimate and schedule to the City/Library staff for review and approval. (50% plan review). Components to include: 1. Site plans, paving layouts, traffic circulation, lighting, signage and utilities 2. Floor plans, Structural, Civil, Architectural, Storm Water Pollution Prevention Plan (SWPPP), MEP, Fire Protection and landscaping 3. Exterior elevations, rendering and color palette 4. Building sections and details 5. Interior elevations, casework and millwork elevations 6. Drainage Study and calculations, as required by City 7. Report addressing all City's Design Criteria and Code requirements Iii. Assist architectural team in Respond in writing to all City comments on plans iv. Assist architectural team in coordination of final utility plans. v. Facilitate with architectural team and City/Library cost -benefit analyses to determine most cost effective construction after evaluation of life -cycle cost impact. d. Construction Documents Phase i. Assist architectural team in completing Construction Documents/Plans and Specifications. Architectural team will submit three (3) sets to City staff, and electronic versions as necessary, for Code and general review and approval as well as Construction Manager and City/Library for cost analyses. (90% plan review). ii. Attend follow up meetings with City Development Services and Fire Marshall iii. Complete Platting and record Plat iv. Complete final coordination with private utilities and service providers v: Assist architectural team to prepare and submit three (3) complete sets of Construction Documents, and electronic versions as necessary, including 90% written responses, Specifications and Architect's Cost Estimate and schedule to: 1. Fayetteville Public Library/City of Fayetteville Development Services for review and approval (100% plan review) vi. Assist architectural team in correcting plans to reflect issues noted by Review for Permit, inclusive of any necessary redesign prompted from the permit process. vii. Construction Documents/Plans, Specifications and Project Drawings shall be routed through the City of Fayetteville Development Services, Planning, Engineering, Building Safety, Fire Marshal, and Urban Forestry for required approvals. e. Bid Phase i. Coordinate with City Purchasing Division to ensure all procedures followed for this phase meet state laws and City of Fayetteville Purchasing Policies. City of Fayetteville, AR RFQ 17-12, Construction Manager Services for Fayetteville Public Library Expansion Page 18 of 23 ii. Provide services for reproduction and dissemination of bid sets (project manual and stamped drawings) to the City/Library [PM (1), Purchasing (1) and interested bidders]. Documents should be made available to any interested party electronically at no cost. iii. Provide distribution of plans to all interested parties. 1. Maintain open communication with the City of Fayetteville Purchasing Division throughout the bidding process. 2. Distribution of all documents shall be done in a fair and unbiased manner while keeping all interested parties on equal terms. 3. Document and keep an updated accurate record of plan holder's and provide updated listings to all interested parties in a timely manner. 4. 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. iv. Coordinate with City Purchasing Division during pre-bid meeting, facilitate and attend the Bid Opening. v. Maintain open communication with the City Purchasing Division during any process involving Request for Information (RFI). vi. Any addenda shall be provided to the Purchasing Division, for coordination with the City and Library, for review and approval in advance of issuance. Bidders, interested parties, and plan holders shall receive all information included in an addenda at the time addenda is issued. vii. In the event the CMAR desires to self -perform a portion of the work or a trade package, the CMAR shall submit a bid package in the same time and manner as other interested parties. viii. In an effort to facilitate the bid opening in a vendor neutral space, the bid opening shall be held at the City'of Fayetteville Administration Building, City Hall, at a time and date coordinated in advance with the City Purchasing Division. ix. Assist with design of Bid Proposal x. Review Architect's Recommendation of Award Letter that includes the following required content (and assist with): 1. Check for math errors and reconcile any mathematical discrepancies 2. Review for unbalance bid items 3. Coordinate with the City Purchasing Division in finalizing a Certified Bid Tabulation including Engineer's estimate 4. Review of contractor's financial standing and references provided 5. Explanation of discrepancies between the Engineer's estimate and bids 6. Meeting with the City and Library to provide a formal written recommendation of award A. Attend City Council/Library Board of Trustee meeting(s) for the recommendation for award of Contract(s) for Construction. f. Construction Administration Phase i. Put forth diligent and fiscally responsible efforts to ensure the project will be completed on time and within budget. ii. Attend Pre -Construction meeting and conduct regular as jointly determined by City/Library and Architect construction progress meetings. City of Fayetteville, AR RFQ 17-12, Construction Manager Services for Fayetteville Public Library Expansion Page 19 of 23 iii. Coordinate with City, Library, and Architect on all Request for Change Proposals, Change Orders, etc. including maintaining a log of all such documents. iv. City/Library intends to provide regular construction administration services. Architect will provide field services, progress meetings, and progress payment review and assistance on a bi-monthly basis. v. Review site visit report from the architectural team, City of Fayetteville Facilities Management Division, and Library Representative at least one (1) time per month. vi. Coordinate with the architectural team to conduct Substantial Completion Inspection, coordinate with architect to create punch list, substantiate that items noted are completed, and issue Substantial Completion Certificate. vii. City of Fayetteville Facilities Management Division, CMAR, and Library Representative shall be notified to attend all on-site meetings, review and approve all pay requests, and change order review prior to Mayor's approval. g. Project Close Out i. Provide Warranty Services during the entire Warranty Period. Architect to issue Warranty Reports and review items after the CM has notified the City/Library that these items are complete. ii. Provide support services as needed during the project close out process. iii. Provide close out submittal to the architectural team for completeness before transmitting to the City/Library which include but are not limited to: 1. Contractor's red lines and as -built notes 2. Warranty information 3. Material Safety Data Sheet (MSDS) 4. Operating Manuals 5. Start up and testing reports 6. Building commissioner report 7. As -Built record drawings (in hard copy and digital format) 8. Produce a project narrative that provides a comprehensive review of the construction activities for the project with a project narrative submitted for City/Library approval at the completion of each contract phase. IV. PHASE 3: Renovation of existing Library a. Scope to be finalized prior to contract execution of Expansion phase. PROFESSIONAL SERVICES AND ADDITIONAL REQUIREMENTS: 1. Professional Services: a. Any entity responding to this RFC, shall be a current licensed contractor with the State of Arkansas Contractor's Licensing Board. 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. b. Any industry standard cost share or savings incentive practices desired for discussion during contract negotiations should be disclosed with RFC, response. Cost sharing practice shall be presented in the format of a general best practices approach and contract terms and shall not City of Fayetteville, AR RFQ 17-12, Construction Manager Services for Fayetteville Public Library Expansion Page 20 of 23 include pricing related figures. Pricing and fees are not part of the selection criteria and shall not be include with RFQ submittal. c. The resulting contract of this solicitation shall be a Guaranteed Maximum Price (GMP) construction contract; however, price itself shall not be considered until a vendor has been selected based on qualifications. Price will be negotiated with the most qualified vendor, as evaluated and voted by the selection committee. Responses to this RFQ shall not include price. d. Estimating e. 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 finalized, provide a 100% separate performance and payment bond to the City of Fayetteville after being file marked at the Washington County Circuit Clerk's Office. A. Construction contracts for the project shall not be entered into between the CM and sub- contractor without a 100% payment and performance bond in the amount of the contract and any amendments thereto and shall provide for the manner in which the construction shall be managed and supervised. Bonds shall be valid and exchanged between all parties prior to the start of work. f. After contract award, the awarded CM shall furnish a certificate of insurance showing that insurance policies are carried in amounts acceptable to the City and Library. 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 and the Library 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 and/or Library. g. Ensure all funds spent are in accordance with State of Arkansas procurement laws. h. Project and change order pricing i. Demolition j. Schedule control k. Cost reduction and control I. Project coordination m. Project close out n. Warranty 2. Submittal Requirements: The RFQ submittal should contain the following response items arranged in order, tabbed, and with a table of contents. In order to issue a uniform review process and to obtain the maximum degree of comparability, it is required that the submittal be organized in the manner specified. a. Title Page: Show the name of agency/firm, address, and telephone number, name of contact person, date, and subject: RFQ 17-12. b. Table of Contents: Include a clear identification of the material by section and by page number. City of Fayetteville,. AR RFQ 17-12, Construction Manager Services for Fayetteville Public Library Expansion Page 21 of 23 c. Letter of Interest: Name, address, brief history of firm and Submitter's interest in the proposed project. Briefly state the agency/firm understands of the work to be done and make 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. d. Project Team Qrganization: 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 been performed work on similar projects including Construction Management GMP projects. e. Specialized and Past Experience: Provide information regarding your past experience in providing 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. Actual price and fees shall not be included in submittal. f. Schedule: Submitter shall provide a general schedule for the completion of the scope of the specified project. g. Additional Background: All Submitters are invited to 'include a maximum of two pages of information not included above which may be useful and applicable to this project. 3. Items to Specifically Include with Response: Responses shall include the following in addition to other requirements specified. a. Experience of key personnel in the pre -construction and construction phases on the renovation/expansion of occupied public buildings. b. Project experience (within the past ten years) of, renovation/expansion of occupied buildings of similar scope and size and multi phased technically challenging renovation projects, particularly in locations with tight site constraints. c. Prior experience constructing or renovating buildings under the LEED rating system. d. 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. e. Records of management teams on similar projects with timely completion, and high quality workmanship. f. 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 3 projects. These projects should be within the past five years. g. Specific experience and capabilities of working with Building Information Modeling (BIM) softwa re. h. Current and projected workload i. Current maximum bonding capacity and rate j. Proof of licensure from the State of Arkansas Contractor's Licensing Board City of Fayetteville, AR RFQ 17-12, Construction Manager Services for Fayetteville Public Library Expansion Page 22 of 23 El. ANTICIPATED PROJECT TIMELINE: Selection Committee members include Wade Abernathy, Paul Becker, Chris Brown, Adella Gray, Sam Palmer, Steve Davis, and David Johnson. All interested parties are advised per City Policy, all contact between interested parties and the City or Library shall be through the City of Fayetteville Purchasing Division. Interested parties are strictly forbidden to discuss this project with any City Staff member or Elected Official. Fl. ANTICIPATED PROJECT TIMELINE: RFQ 17-12, Construction Manager Services - Fayetteville Public Library Expansion Tentative Timeline as of 05/11/17 Action Item Revised Date Note Advertisement 1 of 2 for RFQ Thursday, May 11, 2017 _ Advertisement 2 of 2 for RFQ Thursday, June 01, 2017 (Deadline for RFP Wednesday, June 21, 2017 Prior to 2:00 PM, local time Inform short listed vendors of interview Friday, July 07, 2017 By end of day ilnterviews with short listed vendors Wednesday, July 12, 2017 IOeadiine for contract negotiations with selected firm Tuesday, July 25, 2017 City Council Agenda Deadline Frida ,July 28, 2017 4:00 PM - City Clerk City Council Agenda Session Tuesday, August 08, 2017 4:30 PM City Council Meeting Tuesday, August 15, 2017 IPo Issue Date Friday, August 25, 2017 After receipt of Certificate of Insurance Start date of Contract Monday, August 28, 2017 *Timeline is subject change based on project needs. City of Fayetteville, AR RFQ 17-12, Construction Manager Services for Fayetteville Public Library Expansion Page 23 of 23 I -Is=. ;, I i�, rot y (-) F imagine the F A Y 1E, 'I" T F v I L L E CROSSLAND CONSMUCT10il COMIPIAY, 114C. POSSIBILITIES IEXPANis.loll! PIROJEIC-1 INTRO 6 COVER LETTER June 21, 2017 Mr. Les McGaugh Purchasing Agent City of Fayetteville 113 West Mountain Fayetteville, AR 72701 RE: RFQ 17-12, CONSTRUCTION MANAGER SERVICES FOR FAYETTEVILLE PUBLIC LIBRARY EXPANSION Dear Mr. McGaugh, Our team is excited about your upcoming Library Renovation and Expansion Project, and is pleased to submit our firm's qualifications for your review this afternoon. Over the past few weeks, we have examined your project site, the proposed conceptual renderings and all documentation associated with this major community project We know that our team would bring an invaluable resource and knowledge base to the City of Fayetteville, and would love to guide your landmark project to success. It is hard to believe that its been over ten years since Crossland built your original library facility. The 21st century library is an exciting, ever-changing cultural center, and we understand that your facility needs to evolve over time to better engage the public. Crossland would love to partner with the City of Fayetteville to renovate and expand your facility, continuing the work we began over a decade ago. As President of the Southeast Region, I will serve as your Project Executive, with Jason Miller, Pre -Construction Director and Randall Russell, Lead Estimator, managing your project in the Pre -Construction Phase. Further discussion of your project's goals, needs and expectations will assist our team further develop a group of professionals to manage your project through the Pre -Construction and Construction Phases. Crossland will bring a unique depth of knowledge to the City of Fayetteville as your Construction Manager. As the Library's original builder, our team is acutely aware of your projects composition and history, and has the original construction team in-house to glean wisdom from as we continue construction on this site. Our Rogers -based management team understands your project's location and its challenges - including pedestrian safety and traffic concerns, the minimal construction laydown area and phasing measures necessary to keep your library open throughout the construction phase. Our team will use our extensive knowledge of high-profile civic projects, as well as our strong base of local subcontractors and suppliers to help your project progress as desired. Our award-winning self -performance services could also be of use to the City of Fayetteville, as you embark on this quality, but value -conscious project. The Construction Management delivery method is a key component to Crossland's success in this region, and we believe it is an excellent management system for the City of Fayetteville's upcoming project. In our opinion, Construction Management can be simplified down to one word -trust. A Construction Manager is chosen to lead the construction effort because the project team has proven itself trustworthy, reliable and vigilant when it comes to serving and protecting the Client, Our team takes our role as your Construction Manager seriously, and will be a vigilant guardian of your projects resources and vision. Finally, we consider ourselves Community Builders, and have established strong client relationships throughout the State of Arkansas, For over twenty years Crossland has been an active leader in the construction and development of Northwest Arkansas. We are committed to this region and its success because nearly three -hundred of our employees call Northwest Arkansas home. These employees are passionate about bettering our communities through construction efforts and serving our scores of local clients with the trust, responsibility, integrity and passion for which they've become known. Our team is confident that we can manage your project with a level of excellence that this community deserves. We would be honored to sit down with the City of Fayetteville and discuss this project, and your vision for it, at your earliest opportunity. Sincerely, Chris Schnurbusch President of the Southeast Region C:ITYOFFAYE.":`FVIL!.F, s °RKANSL.`,> $JIDKll'r'TAI _ 'c N� „�(? _ C.;"'.1r•APv`(. INS:. SECT 1" F M[ I NIR00..'a 11,11DI A brief Grervie+N f aur 9;-m I'i-,tr. seia--es a.11.{ corn-ni',nio 7t to No-dn,vvc:[ Al-.-.,T'I,. corporate office: COLUMBUS, KS arkansas office: ROGERS, AR additional regional offices: TULSA, OK KANSAS CITY, MO OKLAHOMA CITY, OK PROSPER, TX WICHITA, KS CENTENNIAL, CO Crossland Construction Company, Inc, is among the nation's Top 100 Contractors, ranked 4179 by Engineering News Record. Honored to be a leader in the industry, our team builds each and every project on our solid foundation of trust, responsibility, integrity, and passion. Established by Ivan Crossland, Sr. in 1977, and incorporated in the State of Kansas in 1978, Crossland is one of the region's fastest growing construction firms With impressive self -performance capabilities, production resources and a nationally recognized, educated workforce, our team strives to deliver an excellent project and construction experience to our clients That's probably why over 60% of our business is return customers - we believe in delivering a product so superior to our competitors, that you will want to be a Crossland customer for life. Crossland considers it an honor to be the first choice for scores of clients across the State of Arkansas. While our firm has roots spreading across the nation, our organization is deeply tied to our clients and communities right here in Northwest Arkansas, and we look forward to contributing to the Ozarks for decades to come. Pre -Construction O•v.,ned & Operated by the Crosland Family Design/Build 1500-1 Employees Construction Managernent Nationally Ranked Cornpany General Contracting Self -Performs Approx40%of Work Annually LEED Certified Builder Minority -Owned Builder C _.,,. fr`( ��F : /:YF:: E ;,l f.>F.if I CA... Q.lfA._ iC.yfil.)fv.. ;.F':1;. :-A"J':; C..;)NFlR,lr`I i`.1F:ild'(. il`::. SECT 1 PRODUCTION E S �� �,z �, GU!-1jj` 01 DI iha. � '. r•r'I i'. .:.;IfI�oL•$. Crossland is a firm with the capacity, capability and production resources necessary to meet and exceed Fayetteville's expectations. With an impressive current and projected workload, employee base, and a $45 million in-house equipment fleet, we're prepared to bring both stability, and competitive pricing to the City of Fayetteville from start to finish. In addition to our in-house capabilities, we plan to utilize many Northwest Arkansas -based, pre -qualified subcontractors to your project(s). We recognize the value local craftsmen bring to your project, and look forward to guiding them and your project to success. EMPLOYEES 0063=0101 $916,025,825 Current Backlog ;4 1,023,000,000 Projected Revenue OURRESOURCES � Pre-Qualified N� I1 Subcontractors within EQ I -METF181IA 100 miles of Fayetteville SUBCONTRACTORS " �w:.l.�ll r;;;, ,;: :;�.:FCN.TIOPJS i..RCiSSf..H:^JC`;_.C)i�`TRUC?ICy t_iP:IPdPv'l, IN�:. t�IP'! i;F � r;vF:c..i!1�. +.�,r?I�::PJS,�,S .... 1508 Total Employees 199 •**o Management Employees A Ail1 La Q t 1209 Total Field Employees 0063=0101 $916,025,825 Current Backlog ;4 1,023,000,000 Projected Revenue OURRESOURCES � Pre-Qualified N� I1 Subcontractors within EQ I -METF181IA 100 miles of Fayetteville SUBCONTRACTORS " �w:.l.�ll r;;;, ,;: :;�.:FCN.TIOPJS i..RCiSSf..H:^JC`;_.C)i�`TRUC?ICy t_iP:IPdPv'l, IN�:. t�IP'! i;F � r;vF:c..i!1�. +.�,r?I�::PJS,�,S .... SELF -PERFORMANCE ]4 A P A 6 1 SECT ilj 9 Crossland Construction Company, Inc. has some of the most impressive self -performance capabilities of any builder in the region. While many Construction Managers remain perched in their offices, ourteam is known for a hands-on, boots -on -the -ground approach that saves our clients time and money. We take a lot of pride in not only managing projects but also putting work into place - we're Real Builders. Our self -performance capabilities enable us to set the tone and pace of the construction, control project costs, and establish standards of quality and safety. With an award-winning, skilled workforce of over 1,200 field craftsmen, empowered with a multi-million dollar equipment fleet, your project is in good hands. Crossland operates on a foundation of integrity, and submits a sealed bid for its self -performance services just like any other subcontractor on bid day. Our team would be interested in self -performing certain components of your project. OUR P�Bl,.F IES Ci'ry OF r F.r°F.;n!.F.. ARkANS,� e.r i r'a. o . . .. ._......F�.AII, AND _?iy`:IN'UCi-0;€,;; P•.1?AN`r, SECT PRIMARY CONTACT CHRIS SCHNURBUSCH office phone: 479.464.7077 Oak cell phone: 479.531.3328 email: cjs@crossland,c€am fax: 479.464.7050 address: 1800 S. 52nd St, Ste 410 Rogers, AIR 72758 your 1. f / ,t •. ��. Chris Schnurbusch, President of the Southeast Region will serve as Project Executive and principal contact for all Fayetteville Projects. Chris has the full confidence of Crossland, and has the authorization necessary to contractually commit Crossland to your project. As your Project Executive, Chris will select your project team members, as well as oversee your project and its milestones. If you have any questions, please feel free to reach out to Chris using the contact information below. C:II`( F FAYE"F'.`IICE, r"RKAN S SUPhirf'i' i Jr i�.A FICAfi JNS �R_»SL.A^�.`, p'aIp icy C:��MPANY, iN : SECT2 * PRE -CONSTRUCTION „ 4A ', .rt_- ?„ of 1 . ;r - 1. . i . . I I . r'y Asn DESCRIPTION OF JOB DUTIES As Project Executive, Chris will provide overall direction for your project. He will help establish project objectives, policies, procedures, and performance standards. Chris will " have corporate responsibility for project execution within the contractual framework. He is responsible to Crossland's corporate officials for resolution of any issue unable to be resolved at the project level. CHRIS SCHNURBUSCH PRESIDENT SOUTHEAST DIVISION • VA Medical Center, Fayetteville, AR, $62.5M Sp. ingdale High Schools, Springdale, AR, $42M + Siloam Springs High School, Siloam Springs, AR, $328M Naturals Baseball Stadium, Springdale, AR, $301x1 • Fayetteville Public Library, Fayetteville, AR, $2.4M • Bentonville High School, Bentonville, AR, $23M • World Trade Center, Rogers, AR, $; 5M • Bentonville Community Center, Bentonville; AR, $15M • Cooper Elementary, Bella Vista, AR, $12M • Pinnacle Center 4, Rogers, AR, $11 M • Horsebarn Office/Retail Complex, Rogers, AR, $101vl • Barker Middle School, Rogers, AR, $8.4M • Bentonville High School' Theatie, Bentonville, AR, $6.5M • University of Arkansas Science Towels, Fayctieville, AR, $6,SM • Waimart Super Center, Siloam Springs, AR, $6,1 M • UAMS Arkansas Children's Hospital, Little Rock, AR $6M • Cherokee County Jail, Columbus, ICS, $6M • Beau Cheney Office/Retail/Medical Complex, Bentonville, AR, $5M • Bentonville Juvenile Justice Center, Bentonville, AR, $5M • Pinnacle Hills Building C, Rogers, AR, $4,31x1 • Aert Warehouse, Watts, On, $3M PROJECT ASSIGNMENT Project Executive YEARS OF EXPERIENCE 25 Years EDUCATION Bachelor of Science Construction Management Pittsburg State University CERTIFICATIONS Smith Driving Certification LEED AP Certification CPR/First Aid CHY OF -AyET's : F ILU:, ARK", n Ut f,,c i i'.�. ; FICA fv9 ( 51 "J.; '.'Ji`; 'l R.UC"I �:`< ,;,'•. FA rv'/, !`iC SECT 0 PROJECT TEAM ro F IL I ' y � DESCRIPTION OF JCB DUTIES As Pre -Construction Manager, Jason will work with the Estimating Team and in close collaboration with the Client, JF Architect and Project Manager to produce cost estimates throughout the Pre -Construction Phase to provide accurate information for timely decision snaking. He will also be responsible for the team coordination involving value analysis, constructability reviews, sustainable construction recommendations and subcontractor input and pricing. JASON MILLER � PROJECT ASSIGNMENT PRE- QNSTRUCTION MANAGER Pre -Construction Manager 'R(D,JEC;T EXPERI€ NCE fPa, YEARS OF EXPERIENCE • VA Medical Center, Fayetteville, AR, $681M. 10 Years • Hunt Tower, Rogers, AR, $33M • Siloam Springs High Schooi, Siloam Springs, AR, $32,8M EDUCATION • Arvest Bank Operations West Building Addition, Lowell, AR, $5M Bachelor of Science • Arvest Bank Remodei, MO, $300,000 Construction Science • Arkansas Music Pavilion (AMP), Rogers, AR, $?NI Kansas State University • Lane Hotel Historic Renovation, Roaers, AR, $12 M • Advantage Sales & Marketing TI, Rogers, AR, $3.5M CERTIFICATIONS • Bayer Pharmaceuticals TI, Rogers, AR, $1 M Construction Quality Management • Siloam Springs Industrial Arts Facility, Siloam Springs, AR, $t.5M Certified by U.S. Army Corp. of Engineers • Siloam Springs H.S. Football Stadium, Siloam Springs, AR, $5NI Green Advantage Contractor - • Siloam Springs Middie School, Siloam Springs, AR, $?M Certified • Target Store Remodels, Nashville, TN (5 Concurrent), $4.5M • Target Store Remodels, Oklahoma City, OK (4 Concurrent), $4M ACI Field Technician Certification • Beaver Water Administration, Lowell, AR, $4.5M • FedEx Ground, Lowell, AR, $1,4M OSHA 30 hour LEED Green Associate -Certified i_:Ii`r ��F ..... . �, ':Fi,N.1iON�� F'i`F-.' rE"itLtr., r�tr?K<:rJS:�,S S.€€t3h.iil rJF C) 4: �,R" �S _niv5' Ur� ,.. ,_,,t:^. IHNf` �,- I'R 'I�`i.; � r';aN`r, 1Nl. SECT PROJECT 1 A, IN DESCRIPTION OF JOB DUTIES As a Lead Estimator, Randall is experienced in Hard Bid, Design/ Build and project control budgets. Prior to joining Crossland Construction, Randall's experience includes work in the construction field as a laborer, operator, and Superintendent, Estimator, and Pre -Construction Services Manager. His experience and work history to make Randall a valuable asset to any project- RANDALL RUSSELL LEAD ESTIMATOR .,,.,.ice -NCE Wao ial List, • Hunt Towe!, Rogers, AR (LEED Certified), $33M • Walmart Home Office Renovations, Various Projects, Fayetteville, AR $15M • Woodside Village, Kansas City, MO, $53 M • Springdale High School Addition and Renovations, $15.5 M • Baxter Springs Schools, Baxter Springs, KS $10M • 1 owe and Campbell Office Building Renovation, Kansas City, MO, $7M • Siloam Springs Middle School Renovations, Siloam Springs, AR, $7M • Southland Cas:no Renovation, West Memphis, AR, $7M • Washington Regional Medical Center Addition and Renovation, $48 M* • Garland Avenue Parking Garage and Retail Center, University of Arkansas, Fayetteville, AR$26M* • Mountain Home Elementary, $17M* • University of Arkansas Bookstore, $15M* • Sonora Elementary, $14M* • Washington Regional Senior Center, $13M* • Pea Ridge Middle School, $9M* • Toyota of Northwest Arkansas, $8M' PROJECT ASSIGNMENT Lead Estimator YEARS OF EXPERIENCE 18 Years EDUCATION Bachelor of Science Construction Management Oklahoma State University CERTIFICATIONS OSHA 30 Hour Certified Professional Estimator (Certified by the American Society of Professional Estimators) LY GF FAY'E-EVIL LE: ARKANSAS S J19 kII I IAL OF iA..iEICA HONS CRC'SSLAND (, _)h;S1 RL!C:`I i COt.-1 FIA N`r, I :. SECT 3''P R 0 FESS 10 N A LS-,,, %` STATE OF ARKANSAS PROCUREMENT LAWS Crossland has been an active member of the Arkansas construction industry for decades and considers it an honor to be a top -performer in the Natural State. Over the years our firm has established itself as a leader that operates on a solid foundation of our core values - trust, responsibility, integrity and passion - and we are determined to remain in full compliance with all state laws and codes. Your project team is acutely apprised to all applicable State of Arkansas Procurement Laws, and is prepared to meet all obligations and standards associated with them. ESTIMATING & GMP CONSTRUCTION Crossland has a long history of providing accurate and efficient estimating and budgeting services. Under a Construction Manager at Risk project delivery method, our budgeting process begins with the development of a conceptual estimate. The conceptual estimate can be developed with minimal information, such as program goals and building square footage. We have an extensive cost database of educational facilities, which we manage with our Modelogix software. This software allows us to sort cost histories and apply those costs to your project type and size to accurately establish preliminary budget expectations. Upon establishing realistic budget expectations for your project, we will further develop a conceptual estimate based on the specific size, location, and use of the project. A detailed conceptual estimate will include information such as an itemized breakdown of all direct construction costs, expected quantities of all work items, preliminary specification expectations, preliminary general condition and fee costs, and a detailed list of scope assumptions. The conceptual estimate is the basis on which all other estimates are based. We pride ourselves on the accuracy of our budget development, and have a proven record of our conceptual estimates being within 3•%❑ of the final GMP. r ,— Crossland does not sit on the sidelines during the Design Phase as your project's design is being developed. Our team takes pride in working synergysticalfy alongside the design team to ensure that project costs are aligned with the conceptual estimate. Each aspect of the project, including material selection, construction installation means and methods, product lead times, and market conditions, is thoroughly discussed and the estimate is updated in real time. As the need arises, we will consult with local subcontractors and suppliers to get opinions of probably cost on any unique items or materials the design is proposing. With real time updates to the estimate. we can deliver a Design Development Estimate at the time the design team delivers the Design Development documents. The result of this type of engagement with the design team is the elimination of a pause in design work in order for a Design Development budget to be established, As construction docurnent production begins, our team remains fully engaged with the design team, vetting very specific details, analyzing the sequence of construction, investigating availability and lead times of products proposed by the design team, and performing constructability reviews of each aspect of the project, and providing feedback as to hove these affect the estimate and the schedule. > > > rY OF FAYE"-Fv:,, LE, 6,RKANSIAI , SUPNIIm' A. ..,._is.i.JF CATI N'. . `R 'cSl.... ..'DN -1 UC"._,.. C:...:iF' PI (, it .. SECT h& PROFESSIONAL SERVICES At', of the �'CC9f@br r, -�1 a_Y..i 4" .cY.0 'or el'w F' , _ , 1'..Q'i. L...__ .. .. ESTIMATING & GMP CONSTRUCTION (CONT'D) N `< More subcontractor and supplier involvement will be seen during this phase of the design to provide input on system -to -system interaction and how those interactions affect the constructability of the project. At the completion of the 50% Construction Documents, our goal is to provide confirmation of the Design Development Estimate and provide a clear path to the completion of a design that provides a clear and concise direction. This ensures that field personnel can construct the project with little or no constructability issues. Due to our continual involvement during the Design Phase, we go into final pricing with a high level of confidence of the estimate, and often establish a Guaranteed Maximum Price prior to completion of construction documents. At the completion of the design, we will issue the plans and specifications, as well as detailed bid packages for each scope of work, to our vast network of subcontractors and suppliersto procurefirm and guaranteed quotes for everyaspect of the project. By using the Construction Manager at Risk delivery method, we are able to thoroughly vet and scope all bids, obtain commitments from material suppliers to hold prices for items purchased in the later portion of the schedule, develop a detailed breakdown of all material and labor costs and how they correlate to the previously established estimate, and present to you a complete final estimate that is within the budget established for your project. BID PACKAGE DEVELOPMENT] Crossland Construction understands the importance developing accurate bid packages in the procure) hent of trade contractor and supplier contracts: Our bid packages are essentially a portfolio of all the documents need, to take part in the project, Potential bidders will be given a description of skills and qualification requirements needed to complete the project on and time and on budget and meet our quality requirements, .�IC' i'���: -- .. ��?x(i Design documents Detailed specifications Synopsis of the project Timelines for project completion Project background information (if applicable) A detailed scope of work required for each trade Unique bid packages are developed for each project, We customize bid packages to reflect requirements due to project location, complexity, schedule requirements, and current construction economy. In some cases, we may offer the option to combine bid packages, particularly when an economy of scale savings can be realized. The option to bid a partial bid package can also be effective, especially when the project requirements are very unique and limited to a small number of skilled craftsmen. The ability to submit partial bid packages also encourages small, local firms within a community to participate in a project. This flexible approach will ensure the most cost effective procurement process for the project and offer the owner the greatest overall value. C_ rrr OF FAY'F `.. Fvi U.... ARKANSAS r UI,N'I I TA. 0;1 0, A.. FICAI lONS C ROS' ;t_AN'::) DON c`rRUC'IO C_, rvlRAPv'r_ IN SECT 3 M6 PROFESSIONAL SEMMCES An ovrrrit�n,, of z � prop w r. �i": 1=- b!y r. LJ'Irar E,.r;%:y sion f'r.:';, A BID DAY SUBMITTAL COLLECTION Bid Day is an important day for any project, and requires proper communication, planning and transparency from all parties. Bids are submitted to Crossland on a predetermined date and time, and at a location agreed upon by the entire Project Team. All members of the team are encouraged to attend Bid Day events. Once bids are received, we confirm the financial capacity and insurance compliance of all bidders, then review their bids against each bid package to ensure they are complete, Once subcontractor and supplier bids have been confirmed to be complete and each company's ability to complete the project has been confirmed, Crossland will make recommendations to the entire project team for review. The'open book' nature of this process ensures each team member is given the opportunity to offer input in the subcontractor and supplier selection process. [CHANGE ORDER MANAGEMENT A change order or variation request identifies a possible change in scope from what is documented in the project contract. Crossland Construction will succinctly state the extent and implications of any change in design or scope of work. This provides a clear baseline for the ensuing discussions between all project team members. Within the collaborative culture of the project, any participating organization that identifies a change in the contracted scope of works is expected to report that change and provide evidence to support it. DESIGN MODIFICATIONS: Involves revisions to the contract documents. These changes are usually initiated by the owner or the owner's representative. Design modifications generally the primary cause of change orders or) projects CHANGED CONDITIONS: This change reflects the actual physical conditions that were encountered that were unforeseen and materially different from the conditions that were identified in the contract documents. ADDITIONAL/REDUCED SCOPE OF WORK: At the owners discretion, the contract scope of may be expanded as a result of enhancements to the design or reduced because of budget considerations and value engineering. OWNER -DIRECTED SCHEDULE ACCELERATION OR SLOWDOWN: Based on the owners directive to modify the contractor's planned performance on a project which may cause additional costs to be incurred as a result of acceleration or delay requirements. A Change Order represents the mutual consensus between the parties on a change to the work, the price, the schedule, or some other term of the contract. For a project to be successful. it is important for project management to be committed to processing change order requests in an attentive and unbiased manner. It is beneficial for a project to have an established change order process with a defined set of procedures that is best suited to the requirements of a project. ::I P(i)FFAYr :. vi i E,.^'iNK N`iA5 SrBiviiirAl OF _':,A iFICAliOfJzi CRCISISCAN;_')NS.IRUC Or'•dlPANY. i' SECT r" PROFESSIONAL SERVICES SCHEDULING At Crossland Construction Company, we pride ourselves on our ability to provide an accurate, realistic, and achievable project schedule that incorporates all Pre -Construction activities, as well as construction activities. PRIE, CONSTRUCTION PHASE Scheduling the Pre -Construction phase of the project is critical and requires a team effort between the Owner, design professionals, and the Construction Manager. A successful collaborative effort will ensure the construction phase of the project begins on time. � I[ Design durations and milestones Durations for local government approval processes Milestones for Owner decisions, such as product colors Estimating durations and milestones for update submissions Milestones for ordering long lead time products CONSTRUCTION P"; Our project management team will utilize our extensive educational facility construction experience and understanding of proper sequencing of construction activities to produce accurate and realistic schedule expectations Our extensive history of self -performing work gives ourteam a unique knowledge and insight of all schedule requirements. . .. _... „. , .. 1. h ` ' l t [ !d :te J;�...% .. �_S ._ 1..��__:., ! .� ,.,%;: ._}., • ;moi. _.I i(::. ..a =., _ ..: �.�'�Y:::., .. F,_.�1 ._. ,.. ANCE ...... Schedule all submittal and approval tasks Structure the schedule by phase Milestones, such as notice to proceed, rebar delivery, slab completions, steel delivery date, building dry -in, HVAC start-up, etc.... Update the schedule every 15 days Review the schedule with subcontractors weekly Report to the team any schedule impact occurrence SCHEDULE ADHERENCE Creating and maintaining strong schedules is something that Crossland takes very seriously. Schedule development initiates in the Pre -Construction Phase by Crossland's industry leading Pre -Construction Management Team. As the Construction Phase approaches the Pre -Construction Team partners with the Construction Team and ensure that the schedule milestones and demands are throughly communicated. >>> Cl fY OF FAYE; i EVIL I E. AR, KANS",S % SU13h0I I IA' OF Ca A! FiCAIION r ROSSIIAN ; CONS RLJC ION COMPANY, !N SECT ni PROFESSIONAL 11')'ERVICES LS C HEDULE ADHERENCE (CONT`D) During the Construction Phase your project's schedule is constantly monitored by your Project Manager and Superintendent Your Superintendent will create a "three week look ahead' schedule for the entire Project Team - Owner, Architects, Engineers, Subcontractors, etc - to ensure schedule expectations are thoroughly communicated. These schedules, along with other objectives, will be discussed at weekly progress meetings with the entire project team, Minutes of these meetings will be issued weekly to all parties to ensure everyone keeps an eye on the project and schedule at all times. Any changes to this schedule will be discussed with the owner and other project team members regularly to encourage project efficiency and collective team synergy. F -C, OST CONTROL I There are a number of reasons why controlling costs is a major part of Crossland's overall success. Crossland has more than three decades of construction experience. Experience is the key to controlling project costs arid, because of Orin past experience: we know how much things should cost, how much time is needed for construction tasks, how much manpower is needed to complete jobs efficiently, how to prepare schedules, how to run quality -control tests so there are no cost overruns, and how to deal with unexpected glitches. We have a number of experienced Estimators on staff. Along with the Estimators, the Pre -Construction Manager assigned to this project will be responsible for the project's budget, Crossland performs a large amount of work in the area, Therefore, our team has a good feel for market conditions and for the specific costs of materials, labor, permits, etc. Should Owner -initiated changes or unforeseen circumstances arise, there are a number of ways to handle such situations without incurring burdensome extra costs. We will work with the team to deliver the project within the budget. The first thing we do when analyzing the cost of change is to study the work schedule. Our solution to any, change., whether due to specification requirements, delays, weather, materials, or Owner requests, is to decide whether accommodating the change will seriously affect the work schedule (if it will slow things down.) Then, we decide as a team the best way to handle the change. COORDINATION All scopes of work (Trade Contracts) will be publicly bid. If Crossland Construction chooses to pursue a specific scope of work as a Trade Contractor, our fine will adhere to the same guidelines and requirements as outlined by the bid packages stipulated to all bidders. This ensures a competitive and equal bidding opportunity for all parties. All overhead costs and fees would be included in the bids submitted by Crossland for self -performed work. There would be no additional charge to the Owner. Our sealed bid would be submitted, in the .same manner as all other subcontractors and suppliers, Crossland has the in-house capabilities necessanyto manage demolition efforts. From small scale work such as removing unwanted finishes while protecting adjacent existing construction, to complete roof to foundation demolition, our team knows what it takes to prepare existing conditions for proposed modifications. _.I rY OF ; AYE ` EV! ARLAN`.;A`-' / $u Nir1, IA., `'' C i:',.,PANY. Ir:":. ._. ......, 'F�:.N:fi�iN�: ,,KCSSS.A^.., _r?f^`:'IRUC�'I".. ^ SECT PROFESSIONAL SERVICES HC f. .,.. COORDINATION (CONT'D) ..1 3 rv...P:.,.:" 17,C-) ! 1 [,vll E I_.i ,S, ii O R ?'\ All scopes of work (Trade Contracts) will be publicly bid. If Crossland Construction chooses to pursue a specific scope of work as a Trade Contractor, our firm will adhere to the same guidelines and requirements as outlined by the bid packages stipulated to all bidders. This ensures a competitive and equal bidding opportunity for all parties. All overhead costs and fees would be included in the bids submitted by Crossland for self -performed work. There would be no additional charge to the Owner. Our sealed bid would be submitted, in the same manner as all other subcontractors and suppliers, We bring a highly trained and committed staff that applies quality control measures to each project to ensure oversight to all aspects of the project. A few of the aspects of our Quality Control Program include: • Pre and Post Install Meetings ensure that all parties know and understand their responsibilities before a task is started and quality checks after the task is completed • Subcontractors are required per our Subcontract Agreement to install quality work that meets the plans and specifications. Steps to correct deficient work is at the Subcontractor's expense • Storm water Best Managed Practices (BMPs) installed prior to the start of construction and maintained throughout construction • Software Implementation (Bluebeam) • '3rd Party Testing reports will be shared with the design team and Owner • Material storage and maintenance - ensure no material is damaged by weather • Daily inspections by Superintendent • Diligent housekeeping • Bi -weekly Owner -Architect -Contractor Meetings All construction projects require security measures to protect property and the general public. Your project's security measures will include: • Site perimeter fence with controlled access through all gates • Security Carrera Monitoring • Coordinated and well defined traffic control Site coordination is essentially applying effective communication to the entire team of construction activities. A highly coordinated site will be efficient, safe, and cost effective. A few ways we coordinate with the team are: • Pre -Construction Meeting • Pre -installation (Project Requirements Review) meetings with the subcontractors • OAC Meetings • Weekly Subcontractor Coordination Meetings • Daily communication between office and field personnel C:I'TY 0F FAYETTEVIttF.., ARKAN""AS r S't1,NiITTAL 0F G .I 1 F I CATIONS ? CR , LANi;) Co NSTRUC":'Ivh (:OMPANY. INS:. a SECT3 MPROFESSIONAL SERVICES 0 t. 1 t t,f:'.:. f f:.., ;j%.'i.;. CLOSE-OUT & WARRANTY PROCESS Close -Out is the final step in the construction process, and is the stage during which all loose ends are resolved as the construction team readies the facility for occupancy, The Construction Management team will complete the following list of final standard procedures: START FINISH Once the Close -Out process is complete, all the warranties; warranty books, and manuals are presented to the Architect who then presents them to the Owner. At Close -Out, Crossland Provides the Following: • Project Directory • Lien Waivers • Warranties General contractor's Statement of Warranty -Manufacturer's Warm ties -One Year Matenafs & Woikrnanshio From: Each Subcontractor -Special Requested Warranties • Certifications and Documentation From Project • Project Record Documents -Approved Submittals for Each Scope of work -As -Built Drawings -As-Built Spec.fications • Operator and Maintenance Manuals -O&M for Plun Bing, HVAC, Electric. & Misc Equipment and .Systems • Spare Parts and Maintenance Products - 7 I a F 7 J t.��(vF Fr;YE;F..`II11.1-.,i�kK:;fJ,�._? SUi;.. r! Al, ,%F �.,, .... .�.,..y �Of _. CRSLriN'i, CIC NSl"Ri!C'.._,...u..'e1't'vNY, N:. 5EM4 RELEVANT EXPERIENCE .^;. gra1f'. .. i ., i. � si!".II al, i-� �..,-'I�� f11'�':i"C i.. II}f"4'•_ _ t. :'I^. W� ..:..p`!:�:1".ate: r�r•"', E Crossland Construction was proud serve as General Contractor for the Fayetteville Public Li- brary. tis the first. "Leadership in Energy and Environment Design" project in the slate of Ar kan- sas. As the general contractor, Crossland .worked closely with the Project Team. to implement i evv ways to recycle materials during the construction phases, The Fayetl.eville Public 1-ibrary is another example of working [o meet [he challenges of tomor- rov%, through the innovative ideas of today, CLIENT: City of Fayetteville LOCATION: Fayetteville, AR SIZE: 88,000 SF COST: $19.55M DELIVERY METHOD: General Contractor QUICK FACTS: First LEED Project in the State of Arkansas! Cke1tt Ctrrstact. Ai-clh:'ei„t Col tract: rays ttR?dilltc Pul,llic LiF+'ary A4nirl nn Yt • r� Loo'; Schal.-'M l-I,ic1:y3nllns+:rr! 401 W tVtiotrotaill : Mn -it .11111 Foslko ( aln uaa•Wlle. AP 72701 :,.rit W F -"l r T 419-571.2222 faveltilnllo^ Au 7:"70l T 47ro.631-11T I'( OF tF` F.'�. LLE.,ARKA"NS,._ N;!i Ys ._.J�.LIFIi:.HlIOv, RCS iAFJt, '151RL'C?I".....'•1FaPJ'r,in1. SECT 4 RELEVANT D, ERIENPE Crossland Construction Company was awarded the $15 million contract for the Bentonville Community Center. Crews got right to work saving the city money, and opted for a pre- engineered metal building structure, to the savings tune of $1.2 million. Two structures conjoined by a single wall provide the bones of the building; there is a standing seam metal roof. The building's exterior is covered in brick, stone, and architectural metal panels. Community Center features include an enclosed aquatics structure that can accommodate high levels of humidity. Features include a zero -depth entry family leisure pool, water slides, an adventure river, play structures, and three lap -swim lanes. The 25 x 25 yard competitive pool features eight lanes and three diving boards, and is scheduled to host swin, meets for a variety of organizations. Additional facility amenities include a basketball court with a running track, a large, cardio/resistance area, a free weight area, a spacious aerobic/dance studio, and a gymnasium; the gymnasium can be used for pick-up basketball games, volleyball matches, tournaments, or other activities. Classrooms, a stage, and an arts and crafts area are also part of the Center's design, as are a library, an open lounge area, and a private adult lounge for meetings. Educational classes made available to the community will be held in those rooms. A catering kitchen can accommodate functions, such as weddings or meetings, Crossland is also the Construction Manager for Phase II of this project We are honored to be a part of this community's development CLIENT: City of Bentonville LOCATION: Bentonville, AR SIZE: 80,000 SF COST: $15M DELIVERY METHOD: Construction Manager QUICK FACTS: Structural Steel, Masonry, Multi -level - Included fitness center and indoor water park. Client Gantra� c Ac'chitw Contact; "it, of 13i•.,.tonvill& j € a is i--i;Ikrf +eocat Wiigla AmhlteCuue 305 SW,A+t Katie Sat nos Si-ntranvill nR 72712 r 3457 i+mq,,,by Ct T`. 479.2 7 1 -S126 � Geer ver C 0 8021 G T03-4 7457 t.I1Y()FFt;YFEViltF,tiikKAlJSP, G % $i F;Pv`frFA. i oir G:.,....iFiCAriiiNS, :RO5Si..ANi:._.JN`-I1R Ur"'iv..._._I'll FA 'l, f�:., SECT �Y E L EXP I -AE N C', -, 1� . olaq rocol"t :- .. . EXCELSIOR SPRINGS COMMUNITY CENTER Crossland Construction Company was awarded the :$15.3 million contract for the Excelsior Springs Community Center in Excelsior Springs, Missouri. This two story building has seven. different floor elevations, an indoor pool, and an open structure/painting scheme. The exterior consists of brick, cast stone, and metal panels. Visitors will find a water feature at the entrance, in addition to colored accent concrete. A ramp at the center of the structure connects all of the various slab elevations; each designated area is painted a different color from the others. Those areas include the indoor pool, locker rooms, an elevated track, basketball and volleyball courts, a racquetball court, an aerobics area, a fitness area, cornrnunity rooms, a child watch center, and party rooms. Mother Nature dealt an extremely wet spring and stammer, and a wet, cold winter, resulting in 60 documented weather days. However, true to form, Crossland tearns stepped up their game and completed the project on budget, just three weeks past the original completion date. Our crews self -performed earthwork, concrete, and steel work. zvt�, <a ,r�r f.e k tiy�,r1F r .1 �- P4;' �rJJ � it yr JI i CLIENT: City of Excelsior Springs LOCATION: Excelsior Springs, MO SIZE: 49,000 SF COST: $15.3M DELIVERY METHOD: General Contractor - Hard Bid QUICK FACTS: Indoor pool, track, basketball and racquetball courts. Two story facility with seven unique floor elevations. Client Contact. rv,jf Ex:-. or .?pr nas owe Haurllaf)dl Architect Contact. 5 :.S ; .....,fie: .:I: ai J ISO l !'ana lvc, Vii`.? 40;0, T, 472: _.�.,. V. F . F .. . .. TY At'" F`v;LLF, rti?I:<;S NS.�._ - UI?.pal i r<-. . - _ .-_...r..-€Fi�.N:I ��irJ�. ..RG„!.A^J:, _, ) 11 U ic. t %r_ -i _,..._._".1"r'AN'r. !�;.. x EXCELSIOR SPRINGS COMMUNITY CENTER Crossland Construction Company was awarded the :$15.3 million contract for the Excelsior Springs Community Center in Excelsior Springs, Missouri. This two story building has seven. different floor elevations, an indoor pool, and an open structure/painting scheme. The exterior consists of brick, cast stone, and metal panels. Visitors will find a water feature at the entrance, in addition to colored accent concrete. A ramp at the center of the structure connects all of the various slab elevations; each designated area is painted a different color from the others. Those areas include the indoor pool, locker rooms, an elevated track, basketball and volleyball courts, a racquetball court, an aerobics area, a fitness area, cornrnunity rooms, a child watch center, and party rooms. Mother Nature dealt an extremely wet spring and stammer, and a wet, cold winter, resulting in 60 documented weather days. However, true to form, Crossland tearns stepped up their game and completed the project on budget, just three weeks past the original completion date. Our crews self -performed earthwork, concrete, and steel work. zvt�, <a ,r�r f.e k tiy�,r1F r .1 �- P4;' �rJJ � it yr JI i CLIENT: City of Excelsior Springs LOCATION: Excelsior Springs, MO SIZE: 49,000 SF COST: $15.3M DELIVERY METHOD: General Contractor - Hard Bid QUICK FACTS: Indoor pool, track, basketball and racquetball courts. Two story facility with seven unique floor elevations. Client Contact. rv,jf Ex:-. or .?pr nas owe Haurllaf)dl Architect Contact. 5 :.S ; .....,fie: .:I: ai J ISO l !'ana lvc, Vii`.? 40;0, T, 472: _.�.,. V. F . F .. . .. TY At'" F`v;LLF, rti?I:<;S NS.�._ - UI?.pal i r<-. . - _ .-_...r..-€Fi�.N:I ��irJ�. ..RG„!.A^J:, _, ) 11 U ic. t %r_ -i _,..._._".1"r'AN'r. !�;.. SECT �:..._':-,-RELEVANT EPL A F-f-,ctic_r cf siII!II r. :10". HUNT [ OYY ER The honored recipient of a 2016 American Builders and Contractors Excellence in Construction award, the Hunt Tower project in Rogers, Arkansas is a sight to behold. Located in the, heart of Pinnacle Hills, and with the Arkansas Music Pavilion located in its background, the impressive structure is the tallest building in Benton County, forever charging the Rogers skyline, With 263,000 square feet of space and a contract value of S32 million, Hunt Tower required four steel crews, a stud welding crew, two cranes, three concrete crevvs, iwo labor crews, and 40 employees to complete. This project's success was rooted in outstanding supervisory teams arid, as with every project, Crossland's unique ability to self -perform various aspects of the jobs ove complete. Not only did that self -performance drive the schedule, it also kept quality control in check. The combination of these efforts kept driving the project forward. It was imperative to the Owner that the tower he completed on time. True to form, Crossland delivered right on schedule. CLIENT: Pinnacle Heights II LLC LOCATION: Rogers, AR SIZE: 263,000 SF COST: $32.OM DELIVERY METHOD: Negotiated QUICK FACTS: Original project scope included a 9 story building. A 10th story was added, making it the tallest in Rogers. .:gent C onlact: Architect Cowact: C no `k'd r S0 c{) '.i'. d S Or- T 4 :`i ,841-_:3...::? T 479 -F,0 -2F,7' C r'r 0F FArF E V1 1, 1. E. AR, KAfJi:. S .,BI'l :.,-.. 10 :;A;_€FI Ni;0;II 0`:; ' IN'!, IIN I' SECTA- E L E ANTS FIVE WEST MOUNTAIN 'As we near the end of our project we are very pleased that we chose Crossland to build for us. Crossland personnel have been extremely cooperative and patient in reacting to our concerns along the way. We especially enjoyed interacting with Gene Dresel... always cooperative and helpful. The Crossland workers were quite friendly and seemed to enjoy their work. We enjoyed them! Chris Bradley continues to be helpful in completing the job... Kudos to the subs as well." This project is located on the Fayetteville, Arkansas Downto•rm Plaza The 10,700 square foot, seven -story building houses office and pailking space, as well as a residential space for the owner, Ed Bradberry. The exterior of the building was designed to compliment the surrounding Fayetteville architecture, a-nd is composed of brick, dryvitt, and metal panel finishes. The building gradually cascades down three levels with the use of terraces to better blend with the cityscape. The ground level and the first floor offer office space available for leasing. The fourth through seventh floors will be a residential area for the owner. NatL11 al lighting and mezzanines overlook the living area, with spiral staircases and beautiful views overlooking the Boston Mountains. The seventh floor hosts a penthouse and a rooftop garden with finished space for guests. Ed Bradberry Owner, Five West Mountain CLIENT: Five West Mountain, LLC LOCATION: Fayetteville, AR SIZE: 10,700 SF COST: $2AM DELIVERY METHOD: Construction Management QUICK FACTS: This project is in close proximity to Fayetteville's existing library and Crossland teams self -performed a wide range of trades associated with the project Client Contact: Architect Contact: Rij ,..7271'i. Fft'y8 A x1271.1'.. :-_Iry (F FAYL EVIL SC AND C -ON llc"T SECT & SURETY M ... June 19, 2017 City offayetteville, Arkansas Fayetteville City Hall, City Administration Building Purchasing Room 306 113 W. Mountain Street Fayetteville, AR 72701 Attn: Les McGaugh Project: Fayetteville Public Library Remodel & Expansion Re: Crossland Construction Company, Inc. Dear Mr. McGaugh, Our agency manages the surety bond program for Crossland Construction Company, Inc. and we have been asked to write this letter to you on their behalf. For more than 30 years our management team has known and woilced with the principals and staff of Crossland Construction. Throughout these years we have always held Crossland in the highest of regard. Crossland has an outstanding reputation as a company and individuals of high integrity; they consistently demonstrate their vast knowledge of the construction industry and complete quality projects for the benefit of project owners in a timely and cost-effective manner. Surely bonds for Crossland are underwritten by Zurich American Insurance Company and Federal hfsul ante Company (a company of the Chubb Group of Insurance Companies). Bonds are typically written by Fidelity and Deposit Company of Maryland (a company of Zurich American Insurance Company) and Federal Insurance Company. Zurich American and Fidelity and Deposit Company of Maryland maintain "A+", "XV" ratings by the A.M, Best Company and a combined U.S. Treasury listing exceeding $720,000,000. Federal Insurance Company maintains "A++", "XV" rating by A.M. Best Company and has a U.S. Treasury listing exceeding $1,180,000,000. Zurich American Insurance Company and Federal Insurance Company would consider approval of surety bonds for Crossland oil individual jobs of$300 million and an aggregate cost -to -complete program of$1.5 billion. While these values are what have been discussed, [lie sureties may positively consider larger projects or program oil a project -by -project basis. Crossland's surety partners are favorable to executing performance and payment bonds upon acceptable review of any and all contract terms, bond forms and financing for any project as well as other pertinent underwriting information that may be deemed necessary at the time of any request for surety bonds. The arrangement for performance and payment bonds is a matter between Crossland and their sureties; neilher the sureties, iMA, Inc. or Crossland assume any liability to you or any third parties if for any reason bonds are not written. We are proud to recommend Crossland Construction Conipany, inc. to you. If you should have any questions, or require additional information, please contact our office. S rely, / Monica F. ilii'}Iclli .%rely :1bll rfg IMA, Inc. 51 Corporate Woods Risk Management, Insurance, Dallas Denver Kansas City Wichita 9393 W. 1iolh Street, Suite 600 Surety and Employee Benefits www.imacorp.com Overland Park, KS 66210 Protecting Assets, Making a Difference.sM Phone: 913-982-365o IMA, Ina dba IMAI—I. ce Services, CA Lk fl.H647A Fax: 913-987-3495 :I TY OF FAYE. ;EVILLLF. ARKANSAS / Si;BNfl7TAL OF C,. -;-;A: C.AiION'S. . C_R'YSSt.AND _.ONS,TRU C"rI_,..... 'vtFArd'I, In+- SECTS & CERTIFICATE OF hn=�" URA, aCE CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 06/19/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT. If the Certificate holder Is an ADDITIONAL INSURED, the poflcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER CA40N64724 1-913-982-3650 'ONTACI Jeanne Re 11 IMA, Inc. (NE Kansas Division)' PHONE IA"S.Ne EAUL 913-982-3650 Ne)_ 913-982-3495 51 Corporate Woods E� E- L S DRP _}eant:v.kell@imacer ,.. _ F•cam 9393 W. 110th Street, Suite 600 WSLIRER(S) AFFORDING COVERAGE NAIL A Overland Park, KS 66210 _ _ INSURER_A: TRAVELERS PROP CAS CO OF AMER 125674 INSURER B: TRAVELERS PROPERTY CASUALTY COMPANY OF 25674 INSURED Crossland Construction Company, Inc. INSURER C: XL SPECIALTY INS CO 37885 INSURER D. TRAVELERS INDEMNITY COMPANY OF AMERICA 25666 PO Box 45 833 S. East Avenue INSURER Columbus, KS 66725 INSURER F: Pnw;:RAC3FS CFRTIPICATF MIIMIRFR• Sn129nn1 RF\ACIr1M MI IMU=M- THIS IS TOCERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INADM EF Paidy R TYPE OF INSURANCE U POLICY NUMBER YYY MMIDWYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY VTC2JCO131J8553TIL17 04/30/17 •04/30/18 EACH OCCURRENCE $ 2,000,000 CLAIMS -MAGE OCCUR L:I JJ p PREfdIS... $ 2,000,000 MED EXP (Any one person) $ 15,000 44 _PERSONAL & APV INJURY $ 2,000,000 _ 43EMAGGRELG-ATELIMIT APPLIES PER: GENERAL AGGREGATE 4O000 POLICY 1 EC Ix PRODUCTS-COMP/OPAGG :DCO: 000000 $ OTHER B AUTOMOBILE LIABILITY VTJCAP131J8565TIL17 04/30/17 04/30/18 =L51INCLE1UIAIY $ 1,000,000 BODILY INJURY (Per person) $ % ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ % HIRED AUTOS % 1 AUTOS NON -OWNED I _ _ - PPROPE� TYIDAMAGE $ $ i C R UMBRELLA LIAB % OCCUR US00067013L117A 04/30/17 04/30/18 EACHOCCURRENCL $ 26,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $ 26, 000, 000 • DED x__ RETENTIONS 10,000 $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNErUEXECUTIVE Y f N OFFICERIMEMBER EXCLUDED? NIA. VTC2HUB2144M42717 j 04/30/17 09/30/18 % I PEA UTH- SIATD7F FR — - $ 1,000,000 -'- -' E L EACH ACCIDENT ---' "- — (Mandatory in NH) E L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below $ 1, 000, 000 F I. DISEASE - POLICY LIMIT i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached It more space Is required) Re: Insurance Qualification for Fayetteville Public Library Remodel 6 Expansion. Additional coverages are available at the request of Crossland Construction Company, Inc. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fayetteville Arkansas THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Purchasing Agent ACCORDANCE WITH THE POLICY PROVISIONS. Les McGaugh 113 West Mountain Street AUTHORIZED REPRESENTATIVE 11 Fayetteville, AR 72701 I` /+F- {£yf/,:...• - - USA -/ ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD jkell 50129001 SECT & CERTIFICATE OF INSURANCE DATE SUPPLEMENT TO CERTIFICATE OF INSURANCE 06/19/2017 Crossland Construction Company, Inc. The WC, GI:, BALI Insurers will provide 30 Days written Notice of Cancellation or Non -Renewal to the Certificate Holder for reasons other than non-payment of premium if required by written contract or agreement when a Certif of Insurance is on file with carrier, subject to policy terms and conditions. CI r 0F FAYF'' EVIIIE. ARKANSAS. i S U B M I I FAL OF `31L:A. F!C.AT':VNS R:_ S'S IAN 'i) CONS7NUC10 N COMP: NY, 1h C. RFQ 17-12, Appendix E FAME TEVILLE PUBLIC LIBRARY RESOLUTION RESOLVED, that this Board of Trustees by recorded vote on August 22, 2017 does hereby authorize Hershey Garner, Board of Trustees President and Rob Qualls, Board of Trustees Secretary to sign the construction manager agreement between the City of Fayetteville, Crossland Construction Company, Inc. and Fayetteville Public Library for services necessary for the expansion and renovation of the existing Blair Library. Hershey Garner, President Fayetteville Public Library Board of Trustees Rob Qualls, Secretary Fayetteville Public Library Board of Trustees a. a _a_ D Date r ) � A v Date Appendix E Pso 186 -17 : THE AMERICAN INSTITUTE OF ARCHITECTS wiw Ilill DTII 111111131111 11111 11111 1110 1 1 111 1 1111 Ili II II I III • Doc ID: 018140040008 Type: LIE tr , Kind: PERFORMANCE BOND Recorded : 08/01/2018 at 12 :52 :45 PM r'J Fee Amt : $50.00 Page 1 of 8 Washington County , AR Kyle Sylvester Circuit Clerk Bond No. 8244-49-22 / 09284546 FileB035`00000469 AIA Document A312 • Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Crossland Construction Company, Inc. Federal Insurance Company 1800 S. 52nd St., Suite 410 2026 Hall's Mill Road Rogers, AR 72758 Whitehouse Station, NJ 08889 and Fidelity and Deposit Company of Maryland / OWNER (Name and Address): Zurich American Insurance Company Fayetteville Public Library and City of Fayetteville, Arkansas 1299 Zurich Way, 5th Floor 401 W. Mountain St. 113 W. Mountain St. Schaumburg, IL 60196 Fayetteville, AR 72701 Fayetteville, AR 72701 CONSTRUCTION CONTRACT Date: September 19, 2017 Amount: Four Hundred Eighty Eight Thousand Two Hundred Forty Six and 00/100 Dollars ($488,246.00) Description (Name and Location): RFQ 17-12, Construction Manager at Risk Services for the Construction of the Fayetteville Public Library BOND 221 S. School Ave., Fayetteville, AR 72701 Date (Not earlier than Construction Contract Date): July 3, 2018 Amount: Four Hundred Eighty Eight Thousand Two Hundred Forty Six and 00/100 Dollars ($488,246.00). Modifications to this Bond: ❑ None EN See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Crossland Construction Company, Inc. Federal In - .ce Compa .n. 1. and.Decosit Compan of Sand / Z `= mea' an nsuran;:e • Compan Signature: Signature: 1116. , _ ; eate - Narne and Title: Name and Title: Kelly : im-1 _ZV.4K e• 2PS5"cAwo ‘roft CEO Morrie, -Fact (Any additional signatures appear on page 3) (FO!? INFORMATION ONLY - Name, Address and Telephone) OWNER'S REPRESENTATIVE (Art:hitect, Engineer or other AGENT or BROKER: party) : Mayor Lioneld Jordan IMA, Inc. City of Fayetteville 113 W. Mountain St., Fayetteville, AR 72701 9393 W. 110th Street, Suite 600 Overland Park, KS 66210 Executive Director, David Johnson 913-982-3650 Fayetteville Public Library401 W. Mountain St., Fayettevifle,AR-72701 AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND •DECEMBER 1984 ED, •AIA® -. c, THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 — A312.1984 _ . 1 THIRD PRINTING • MARCH 1987 �• - • 1 i 'I rC 1 The Contractor and the Surety, jointly and severally, which it may be liable to the Owner and, as bind themselves, their heirs, executors, administrators, soon as practicable after the amount is deter- successors and assigns to the Owner for the performance mined, tender payment therefor to the of the Construct ion Contract,which is incorporated herein Owner; or by reference. .2 Deny liability in whole or in part and notify the 2 If the Contractor performs the Construction Contract, Owner citing reasons therefor. the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as S It the Surety does not proceed as provided in Paragraph provided in Subparagraph 3.1. 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an 3 If there is no Owner Default, the Surety's obligation additional written notice from the Owner to the Surety under this Bond shall arise after: demanding that the Surety perform its obligations under 3.1 Owner has notified Contractor the this Bond, and the Owner shall be entitled to enforce any Surety.1The at its described otiedthe Contractor 10 and theow remedy available to the Owner. If the Surety proceeds as that the Owner addresss considering indParagrapharing a Contractor provided in Subparagraph 4.4. and the Owner refuses the Default and has requested and attempted to arrange a whole payment tenderedparwithout or the Suretyer has the denied liability, e conference with the Contractor and the Surety to be a till or inpart, further notice etheheer shall . held not later than fifteen days after receipt of such entitled to enforce any remedy available to Omer. notice to discuss methods of performing the Construe- 6 After the Owner has terminated the Contractor's right lion Contract. if the Owner, the Contractor and the to complete the Construction Contract, and if the Surety Surety agree, the Contractor shall be allowed a reason- elects to act under Subparagraph 4.1, 4.2. or 4.3 above, able time to perform the Construction Contract, but then the responsibilities of the Surety to the Owner shall such an agreement shall not waive the Owner's right, if not be greater than those of the Contractor under the any, subsequently to declare a Contractor Default; and Construction Contract, and the responsibilities of the 3.2 The Owner has declared a Contractor Default and Owner to the Surety shall not be greater than those of the formally terminated the Contractor's right to complete Owner under this the Bond, but sun ect Contract.To the elimit byothe the contract. Such Contractor Default shall not be de- amount oft but subject ctto commitment the dared earlier than twenty days after the Contractor and costOwner the damages theof the Contract Price Contract,o mitigation Su of the Surety have received notice as provided in Sub- ty iss and damages o Constructionaionthe Sure- paragraph 3.1; and ty obligated without duplication for: 3.3 The Owner has agreed to pay the Balance of the 6.1 The responsibilities of the Contractor for correc- Contract Price to the Surety in accordance with the tion defective work and completion of the Construe- C tion C terms of the Construction Contract or to a contractor ontract; selected to perform the Construction Contract in actor- 6.2 Additional legal, design professional and delay dance with the terms of the contract with the Owner. costs resulting from the Contractor's Default, and re- 4 When the Owner has satisfied the conditions of Para- sulting from the actions or failure to act of the Surety graph 3, the Surety shall promptly and at the Surety's under Paragraph 4; and ex- pense take one of the following actions: 6.3 liquidated damages, or if no liquidated damages Arrange for the Contractor, with consent of the are specified in the Construction Contract, actual dam- 4.1Owner, to perform and complete the Construction ages caused ofthe Contractor.by delayed performance or non•perfor- Contract; or mance of 4.2 to the 7 The Surety shall not be liable to she Owner or others for 4.2 Undertake toperformandits agents completer through Construc-inde- obligations of the Contractor that are unrelated to the Con- lion Contract contractors;itself, through or struction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such 4.3 Obtain bids or negotiated proposals from unrelated obligations. No right of action shall accrue on qualified contractors acceptable to the Owner for a this Bond to any person or entity other than the Owner or contract for performance and completion of the Con- its heirs, executors, administrators or successors. struction Contract. arrange for a contract to be pre- 8 The Surety hereby waives notice of any change, includ- pared for execution by the Owner and the contractor ing changes of lime, to the Construction Contract or to selected with the Owner's concurrence, to be secured related subcontracts, purchase orders and other obliga- with performance and payment bonds executed by a tions. qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the 9 Any proceeding, legal or equitable. under this Bond amount of damages as described in Paragraph 6 in e:- may be instituted in any court of competent jurisdiction in cess of the Balance of the Contract Price incurred by the the location in which the work or part of the work is located Owner resulting from the Contractor's default; or and shall be instituted within two years after Contractor 4.4 Waive its right to perform and complete, arrange Default or within two years after the Contractor ceased for completion, or obtain a new contractor and with working or within two years after the Surety refuses or fails reasonable promptness under the circumstances: to perform its obligations under this Bond, whichever oc- curs first. If the provisions of this Paragraph are void or .1 After investigation, determine the amount for prohibited by law, the minimum period of limitation avail- AIA DOCUMENT A312 r PERFORMANCE BOND AND PAYMENT BOND r DECEMBER 1984 ED. •AIA e THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. N.W..WASHINGTON. D.C. 20006 A312-1984 2 THIRD PRINTING • MARCH 1987 able to sureties as a defense in the jurisdiction of the suit tractor of any amounts received or to be received by shall be applicable. the Owner in settlement of insurance or other claims re- 10 Notice to the Surety, the Owner or the Contractor shall for damages to which the Contractor is entitled,be mailed or delivered to the address shown on the sig- behalf by the Contractord and proper r the Construction made to or on Con- nature page. behalf of under the tract. 11 When this Bond has been furnished to comply with a 12.2 Construction Contract: The agreement between statutory or other legal requirement in the location where the Owner and the Contractor identified on the sig- the construction was to be performed, any provision in this nature page, including all Contract Documents and Bond conflicting with said statutory or legal requirement changes thereto. shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall 12.3 Contractor Default: Failure of the Contractor, be deemed incorporated herein. The intent is that this which has neither been remedied nor waived, to per- Bond shall be construed as a statutory bond and not as a form or otherwise to comply with the terms of the common law bond. Construction Contract. 12 DEFINITIONS 12.4 Owner Default: Failure of the Owner,which has Con- 12.1 B of the Contract Price: The total amount neither been remedied nor waived, to pay the tractor as required by the Construction Contract or to payable by the Owner to the Contractor under the perform and complete or comply with the other terms Construction Contract after all proper adjustments thereof. have been made, including allowance to the Con- MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: 1.The Surety shall not be liable under the Bond to either named Owners/Obligees, or either of them, unless the Owners/Obligees, or either of them, shall make payments to the Principal (or in the case the Surety arranges for completion of the Contract, to the Surety) strictly in accordance with the terms of said Contract as to payments and shall perform all other obligations to be performed under said Contract at the time and in the manner therein set forth; and 2.The aggregate liability of the Surety under the Bond, to either or both of the Owners/Obligees, as their interests may appear, is limited to the penal sum of the Bond, that the Owners'/Obligees' rights hereunder are subject to the same defenses Principal and/or Surety have against either Owner/Obligee, and that the total liability of the Surety shall in no event exceed the penal sum of the bond; 3.The Surety may, at its option, make any payments under the Bond by check issued jointly to either or both of the Owners/Obligees. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312• PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED. •AIA "v THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 3 THIRD PRINTING • MARCH 1987 THE AMERICAN INSTITUTE OF ARCHITECTS II , Bond No. 8244-49-22 / 09284546 AIA Document A3 f 1 Labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that Crossland Construction Company, Inc. (Hero insert ruanemoend addressor tegaltsdoofContractor) 1800 S. 52nd St., Suite 410, Rogers, AR 72758 as Principal, hereinafter called Principal, and, Federal Insurance Company, 202B Hall's Mill Road, Whitehouse Station, NJ 08889 (Hero Insert rug namo end address or legal lido of Surety) and Fidelity and Deposit Company of Maryland !Zurich American Insurance Company, 1299 Zurich Way, 5th Floor, Schaumburg, IL 60196 as Surety, hereinafter caned Surety, are held and firmly bound unto Fayetteville Public Library, 401 W. Mountain St., Fayetteville, AR 72701 (Hero insert Intl neuro end address a Legal tido of Owner) and City of Fayetteville, Arkansas, 113 W. Mountain St.. Fayetteville, AR 72701 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, In the amount of Four Hundred Eighty Eight Thousand Two Hundred Forty Six and 001100 Dollars (Hae Insert a sum equal to at least one•hatf of the contract pace) Dollars (S •••488,246.00' )� for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated September 19, 2017 , entered Into a contract with Owner for (Han freest ilia runt,address and description or potato RFQ 17-12, Construction Manager at Risk Services for the Construction of the Fayetteville Public Library 221 S. School Ave., Fayetteville, AR 72701 In accordance with Drawings and Specifications prepared by (Hero Insert full name and address or legal tido of Architect) which contract is by reference made a part hereof, and Is hereinafter referred to as the Contract AlA DOCUMENT A111 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA FEBRUARY 1970 ED. • THE AMERICAN NSTIIUTE OF ARCHITECTS, 1735 N.Y.AVE,N,W,WASHINGTON,D.C.20008 1 LABOR AND MATERIAL PAYMENT BOND NOW, THEREFORE, THE COND111ON OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void, otherwise it shall remain in full force and effect, subject, however, to the following conditions: I. A claimant is defined as one having a direct and the name of the party to whom the materials were contract with the Principal or with a Subcontractor of the furnished, or for whom the work or labor was done or Principal for labor, material, or both, used or reasonably performed. Such notice shall be served by mailing the required for use in the performance of the Contract, labor same by registered mail or certified mail, postage prepaid, and material being construed to include that part of water, in an envelope addressed to the Principal, Owner or Surety, gas, power, light, heat, oil, gasoline, telephone service or at any place where an office Is regularly maintained for the rental of equipment directly applicable to the Contract transaction of business, or served in any manner in which 2. The above named Principal and Surety hereby jointly legal process may be served in the state In which the and severally agree with the Owner that every claimant as aforesaid project is located, save that such service need not bherein defined, who has not been paid in full before the made by a public officer. expiration of a period of ninety (90) days atter the date on b) After the expiration of one (1) year following the date on which the last of such claimant's work or labor was done or which principal ceased Work on said Contract, it being performed, or materials were furnished by such claimant, understood, however, that if any limitation embodied In this may sue on this bond for the use of such claimant, bond is prohibited by any law controlling the construction prosecute the suit to final judgment for such sum or sums hereof such limitation shall be deemed to be amended so as may be justly due claimant, and have execution thereon. as to be equal to the minimum period of limitation permitted The owner shall not be liable for the payment of any costs by such law. or expenses of any such suit. c) Other than in state court of competent Jurisdiction in 3. No suit or action shall be commenced hereunder by and for the county or other political subdivision of the state any claimant in which the Project, or any part thereof, is situated, or in a) Unless claimant, other than one having a direct the United States District Court for the district in which the contract with the Principal, shall have given written notice to Project, or any part thereof, is situated, and not elsewhere. any two of the following: the Principal, the Owner, or the 4. The amount of this bond shall be reduced by and Surety above named, within ninety (90) days after such to the extent of any payment or payments made In good claimant did or performed the last of the work or labor, or faith hereunder, Inclusive of the payment by Surety or furnished the last of the materials for which said claim is mechanics' liens which may be filed of record against said made, stating with substantial accuracy the amount improvement, whether or not claim for the amount of such claimed lien be presented under and against this bond. Signed and sealed this 3rd day of July, 2018 ATTEST: i Crossland Construction Company, Inc. (Principe° (Seal) - • - . Adid % /1 e SW/ ,• . (witness) / I BY:--'4,-.) - .. . (file) c E o - . ' , Federal Insurance Company and Fidelity and Deposit ESS: i Company of Maryland I Zurich American Insurance Company ll (Suety) (Seal) Jlli# ._A.il/.i_ t. . .,ra Monica F. Donate jr" 11110.41 ,- Monica Kelly E. Kimmel S (Tires Attorney-in-Fact • . - Al*DOCUMENT A311 • PERFORMANCE BOND AND i.f.2OR AND MATERIAL PAYMENT BOND • ALA S FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF Af C$4c F..CTS,1735 N.Y.AVE.N.W,WASroN3TOr4 D.C.20006 2 CHUBB ' Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation. VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY,a Wisconsin corporation,do each hereby constitute and appoint Bret S. Burton, Timothy H. Heffel, David B. McKinney, Todd Alan Rambo, Timothy Craig Smith and Desiree E. Westmoreland of Wichita, Kansas; Monica F. Donatelli, Carolyn .1. Johnson, Kelly E. Kimmel, Larissa Smith and S. Mark Wilkerson of Overland Park, Kansas each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise. bonds and undertakings and other writings obligatory in the nature thereof(other than bail bands)given or executed in the course of business. and any instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof,said FEDERAL INSURANCE COMPANY. VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 20t0 day of November,2017. Ipzwn-T. e LAA - AA fil-L.,_, Itiwn M.Ch It uric:.,Lcci,.emt acvroary Sta•pltcn N1.1 lung..Vice Ihaxidtnt igiili ,fro) ; 'a !� /l rjt STATE OF NEW JERSEY County of Hunterdon 5S. • On this 201° day of November,2017 before me.a Notary Public of New Jersey,personally came Dawn M.Chloros.to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY. VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros, being by me duly sworn, did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY. VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seats thereof, that the seals affixed to the foregoing Power of Attorney are such corporate scats and were thereto affixed by authority of said Companies;and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that she is acquainted with Stephen M. Haney,and knows him to be Vice President of said Companies;and that the signature of Stephen M. Haney.subscribed to said Power of Attorney is in the genuine handwriting of Stephen M.Haney.and was thereto subscribed by authority of said Companies and in deponent's presence. 1 AA Notarial Seal dot '�o. KATHERINE J.ADEIri •` OMR), a NOTARY PO WC OF NEW JERSEY No.2310005 f I f �.ra ' \ PUMA s Commission Espies Arty 10,2019 Notary Public ‘,..i J pE1/4 CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL.INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY on August 30.2OIG: 'RESOLVED,that the following authorizations relate to the execution.for and on behalf of the Company.of bonds.undenaUngs,recognizance5.commis and other written commitments of the Company entered into in the ordinary course of business(each a'Written Conmhitment-I: (1) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company.under the seal of the Company or otherwise. 2) Each duly appointed attomeyin•4an of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company.under the seal of the Company or otherwise,to the extent that such anion is authorized by the grant of powers provided for in such person's written appointment as such atorneyin.facl. (3) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to appoint in writing any person the attorney, in-fan of the Company with full power and authority to execute. for and on behalf of the Company. under the seal of the Company or otherwise,such Written Cottimitnnts of the Company,as may be specified in such written appointment,which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. II (4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized.for and on behalf of the Company.to delegate in writing to any other officer of the Company the authority to execute,for and on behalf of the Company. under the Company's seal or otherwise. such Written Commitments of the Company as are specified in such written delegation.which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution,and the seal of the Company,may be affixed by facintile on such Written Conunitment or written appointment or delegation. FURTHER RESOLVED. that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers.employees and other persons to act for and on behalf of the Company.and such Resolution shall not limit or otherwise affect the exercise of anysuch power or authority otherwise validlygranted or mated' 1,Dawn M.Chloros.Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY(the"Companies")do hereby certify that (i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true.correct and in full force and effect. (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S.Treasury Department;further. Federal and Vigilant are licensed in the U.S.Virgin Islands.and Federal is licensed In Guam.Puerto Rico. and each of the Provinces of Canada except Prince Edward Island:and (iii) the foregoing Power of Attorney is true,correct and in full force and effect. Given under my hand and seals of said Companies at Whitehouse Station,N.I.this 3rd day of July, 2016 trj- 0 e:; 01. o0.9" 1rsl. Cialt- Itiv:n ;<I;Chloral..Assistant tirretalf IN THE EVENT YOU WISII TO NOTIFY USOF A CLAIM.VERIFYTHEAV1HENTICITY OF TII1S BOND ORNOTIFY US OF ANY OTHER NATTER.PLa'SE CONTACT US AT: Telephone(908)903-3493 Fax(908)903.3G56 email: surety@chubb,com Form 15-10-02258-U GEN CONSENT(roe, 12.16) • • ZURICH AMERICAN INSURANCE COMPANY ' COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the Stale of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by Michael P. Bond, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint S. Mark WILKERSON, Morgan DEWEY, Monica F. DONATELLI, Debra L. WALZ, Carolyn J. JOHNSON, Larissa SMITH and Kelly E. KIMMEL, all of Overland Park, Kansas. EACH its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By-Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this1st day of March, A.D. 2018. • 40: 1/J l ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY • FIDELITY AND DEPOSIT COMPANY OF MARYLAND AID (2_,I By: Michael P. Bond Vice President -f�GriLfhL 4 By: Dawn F. Brown t„µlllriit 1ryytJ�i Secretary �`�t f`f., ' ��/� v ._1itl' tib P. State of Maryland County of Baltimore , R On this 1st day of March, A.D. 2018, before the subscriber, a Notary Public of the State of Maryland, duly commissioned ani/ qualified, ,Michael P. Bond, Vice President and (lawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and office:,described iti`iand who S. executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposcth and saith, that lie/Skis the said'alliecr of.. 7 the Company aforesaid, and that the seals affixed to the preceding instrument arc the Corporate Seals of said Companies, and that the said corporate Seals and\ � the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. r r lc', •` „C� • IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. • ' • ' ('t i n g y.. aerses. oast.. Zz•of • 4 a ' '•i tl ,t)4”' ::C Constance A. Dunn, Notary Public Poii;:• � My Commission Expires: July 9, 2019 "nylitt• L EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any "time CERTIFICATE 1, the undersigned, Vicc President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company' may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May. 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 3rd day of July , 2018 zr ) _..e, (emu. I,j4 acctmy Or • ��r Michael C. Fay, Vice President ,``'`fro REPO'R'T--A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION > .a :OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: ,, Zurich Surety Claitlis 1 - - 1299 Ztrich�Vay`` Schaumbui;g, IL. 60196-1056 www,re ortsf'claims c zurichna.com 800-626-4577