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113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 217-18
File Number: 2018-0543
RFQ 18-11 NABHOLZ CONSTRUCTION CORPORATION:
A RESOLUTION TO AUTHORIZE A CONTRACT WITH NABHOLZ CONSTRUCTION
CORPORATION, PURSUANT TO RFQ 18-11, FOR CONSTRUCTION MANAGER AT RISK
SERVICES FOR THE CULTURAL ARTS CORRIDOR PROJECT, TO APPROVE PHASE ONE PRE -
CONSTRUCTION SERVICES IN AN AMOUNT NOT TO EXCEED $80,000.00, AND TO APPROVE A
PHASE ONE PROJECT CONTINGENCY IN THE AMOUNT OF $8,000.00
WHEREAS, on June 19, 2018, the City Council approved Resolution 138-18 and authorized a contract
with Nelson Byrd Woltz Landscape Architects for professional landscape architectural and engineering
services associated with the design of the Cultural Arts Corridor; and
WHEREAS, at this point in the design process it becomes critical for project success to have
construction management services available for the evaluation of the design, to suggest localized
construction methods and materials, and to provide cost estimates for various design elements; 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, which is contingent upon approval of the
municipal bond program in 2019 and City Council approval.
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 Mayor Jordan to sign a
contract with Nabholz Construction Corporation, pursuant to RFQ 18-11, for Construction Manager at Risk
services for the Cultural Arts Corridor Project, including approval of Phase One pre -construction services in an
amount not to exceed $80,000.00, and further approves a Phase One project contingency in the amount of
$8,000.00.
Page 1 Printed on 10/17/18
Resolution: 217-18
File Number 2018-0543
PASSED and APPROVED on 10/16/2018
Attest:
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Lisa Branson, Deputy ;;��96%1J.,
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Page 2 Printed on 10/17/18
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2018-0543
Agenda Date: 10/16/2018 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: C. 1
RFQ 18-11 NABHOLZ CONSTRUCTION CORPORATION:
A RESOLUTION TO AUTHORIZE A CONTRACT WITH NABHOLZ CONSTRUCTION
CORPORATION, PURSUANT TO RFQ 18-11, FOR CONSTRUCTION MANAGER AT RISK
SERVICES FOR THE CULTURAL ARTS CORRIDOR PROJECT, TO APPROVE PHASE ONE
PRE -CONSTRUCTION SERVICES IN AN AMOUNT NOT TO EXCEED $80,000.00, AND TO
APPROVE A PHASE ONE PROJECT CONTINGENCY IN THE AMOUNT OF $8,000.00
WHEREAS, on June 19, 2018, the City Council approved Resolution 138-18 and authorized a contract with
Nelson Byrd Woltz Landscape Architects for professional landscape architectural and engineering services
associated with the design of the Cultural Arts Corridor; and
WHEREAS, at this point in the design process it becomes critical for project success to have construction
management services available for the evaluation of the design, to suggest localized construction methods and
materials, and to provide cost estimates for various design elements; 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, which is contingent upon approval of the municipal bond
program in 2019 and City Council approval.
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 Mayor Jordan to sign a
contract with Nabholz Construction Corporation, pursuant to RFQ 18-11, for Construction Manager at Risk
services for the Cultural Arts Corridor Project, including approval of Phase One pre -construction services in an
amount not to exceed $80,000.00, and further approves a Phase One project contingency in the amount of
$8,000.00.
City of Fayetteville, Arkansas Page 1 Printed on 10/1712018
Peter Nierengarten
City of Fayetteville Staff Review Form
2018-0543
Legistar File ID
10/16/2018
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
9/28/2018 SUSTAINABILITY/RESILIENCE (631)
Submitted By Submitted Date • Division / Department
Action Recommendation:
Staff recommends approval of a contract with Nabholz Construction Corporation, in reference to RFQ 18-11, to
provide CMAR services related to Phase 1 for the Cultural Arts Corridor Project for a not to exceed fee of $80,000
plus a 10% project contingency in the amount of $8,000.
2230.631.8006
Account Number
31708.1701
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? No
Budget Impact:
Special Grants
Fund
Cultural Arts Corridor Grant
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 1,131,569.00
S ^ 1,131,569.00
$ 80,000.00
5 1,051,569.00
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF OCTOBER 16, 2018
TO: Mayor and City Council
CITY COUNCIL MEMO
THRU: Don Marr, Chief of Staff
Wade Abernathy, Facilities Maintenance Director
FROM: Peter Nierengarten, Sustainability Director
DATE: September 28, 2018
SUBJECT: Contract with Nabholz Construction for Construction Manager at Risk
(CMAR) Services for Phase 1 of the Cultural Arts Corridor project.
RECOMMENDATION:
Staff recommends approval of a contract with Nabholz Construction Corporation, in reference to
RFQ 18-11, to provide CMAR services related to Phase 1 for the Cultural Arts Corridor Project
for a not to exceed fee of $80,000 plus a 10% project contingency in the amount of $8,000.
BACKGROUND:
On June 1911 of 2018 the City Council approved Resolution 138-18 to enter into a contract with
Nelson Byrd Woltz,(NBW) Landscape Architects to provide professional landscape architectural
and engineering services associated with the design of the Cultural Arts Corridor. NBW is
currently working through the schematic design phase of the Cultural Arts Corridor parkland, trail
and street elements. In November NBW will begin the process of refining concepts developed
during the schematic design phase into the final design. At this point it becomes critical for project
success to have construction management services available to evaluate design, suggest
localized construction methods and materials and provide costs to various design elements..
DISCUSSION:
In July of 2018 the City of Fayetteville advertised RFQ 18-01 and accepted requests for
qualifications from construction management companies to provide CMAR services for the
Cultural Arts Corridor project. In August of 2018 a selection committee made up of City staff and
elected officials interviewed all four construction management professionals that responded to the
request for qualifications. The selection committee selected and has negotiated a contract with
Nabholz Construction Corporation to complete this task. The scope of work for the CMAR will be
split into two phases:
The contract for consideration at this time is Phase 1 only and will consist of pre -construction
services. This will include working closely with Nelson Byrd Woltz and specialized subconsultants
to provide timely cost estimating for a wide variety of construction methods and practices and
material selections. This estimate will be used to establish the construction budget.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Phase 2 will commence upon completion of the final design of the Cultural Arts Corridor. The
City will negotiate the final construction cost which will be reflected in the Guaranteed Maximium
Price (GMP). The GMP proposal will include all cost associated with the construction of the
Cultural Arts Corridor Project.
BUDGET/STAFF IMPACT:
The maximum not -to -exceed amount authorized for Phase 1 for pre -construction services for this
agreement is $80,000.00
Phase 2 of this project is contingent upon the approval of a municipal bond program slated for
referendum in the Spring of 2019 and City Council approval.
Attachments:
Contract with Nabholz Construction Corporation for approval of Phase 1
1W;A
CITY OF
FAYETTEVILLE
ARKANSAS
CONTRACT FOR SERVICES
Construction Manager at Risk Services
for the Cultural Arts Corridor between
City of Fayetteville, Arkansas and
Nabholz Construction Corporation,
dba/ Nabholz Construction Services
THIS AGREEMENT is made this 16th day of October , 2018, by and between the City of
Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE or CITY) and Nabholz
Construction Corporation (construction manager at risk, hereinafter called CMAR, Construction Manager, or NABHOLZ).
CITY OF FAYETTEVILLE from time to time requires professional CMAR services in connection with the evaluation, design,
and/or construction supervision of capital improvement projects. Therefore, CITY OF FAYETTEVILLE, and CMAR in
consideration of their mutual covenants agree as follows:
CMAR shall serve as CITY OF FAYETTEVILLE's professional CMAR consultant in those assignments to which this Agreement
applies and shall give consultation and advice to CITY OF FAYETTEVILLE during the performance of services defined in the
scope of work. All services shall be performed under the direction of the CMAR which shall be registered to do business
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) 71-0272097
ii. CMAR Arkansas Contractor License No. 0000020119
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
ii. Appendix B: CMAR Fee Schedule
iii. Appendix C: RFQ 18-11, CMAR Services for Cultural Arts Corridor
iv. Appendix D: Nabholz Construction Corporation Response to RFQ 18-11
b. This agreement may be modified only by a duly executed written instrument signed by the CITY and
CMAR.
c. ORDER OF PRECEDENCE: In case of any inconsistency, conflict, or ambiguity among the Contract
Documents, the documents shall govern in the following order: (a) Change Orders and written
amendments to this Agreement which are executed by all parties; (b) the Agreement; (c) CMAR's
response to RFQ 18-11 (d) City's published RFQ 18-11 and associated Addenda.
RFQ 18-11, CMAR Services for Cultural Arts Corridor
Page 1 of 25
Last Revised 09.28.18
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. Nabholz Construction Corporation: Attention: Rob Dodd, 3301 N 2nd Street, 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.
Construction Manager shall exercise the degree of care, skill and diligence in the performance of
the Construction Manager's Work, to assure its Work is performed in a good and workmanlike
manner, consistent with construction industry standards for similar projects and circumstances in
the same geographical area, (hereinafter the "Construction Manager's Standard of Care"). The
Construction Manager shall be responsible for and have control over all construction means,
methods, techniques, sequences and procedures and for coordination of the duties of all trades,
and shall furnish efficient business administration and supervision of the work. Construction
Manager's Standard of Care specifically excludes any design or design related responsibilities, and
any action taken by Construction Manager under this Agreement does not and shall not be
construed to approve, represent or warrent the adequacy and/or suitability of the design, plans,
drawings and/or specifications for which they are provided.
iv. MATERIALS FURNISHED BY OWNER OR OTHERS: If the Work includes installation of materials or
equipment furnished by City or Others, it shall be the responsibility of Construction Manager to
examine the items so provided and thereupon handle, store, and install the items, unless
otherwise provided in the Contract Documents, with such skill and care as to provide a
satisfactory and proper installation. Loss or damage due to acts or omissions of Construction
Manager shall be the responsibility of Construction Manager and may be deducted from any
amounts due or to become due Construction Manager. Any defects discovered in such materials
or equipment shall be reported at once to the City and Design Professional. Following receipt of
written notice from Construction Manager of defects, City and Design Professional shall promptly
inform Construction Manager what action, if any, Construction Manager shall take with regard to
the defects.
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.
RFQ 18-11, CMAR Services for Cultural Arts Corridor
Page 2 of 25
Last Revised 09.28.18
COMPLIANCE WITH LAWS: Construction Manager shall comply with all the Law at its own cost.
Construction Manager shall be liable to City for all loss, cost, or expense attributable to any acts
or omissions by Construction Manager, its employees, subcontractors, suppliers, and agents for
failure to comply with Laws, including fines, penalties, or corrective measures.
vi. 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.
vii. COST OF CORRECTING DAMAGED OR DESTROYED WORK: With regard to damage or loss
attributable to the acts or omissions of City or Others and not to Construction Manager or City
may either (a) promptly remedy the damage or loss and assume affected warranty
responsibilities, (b) accept the damage or loss, or (c) issue a Change Order to remedy the damage
or loss. If Construction Manager incurs costs or is delayed due to such loss or damage,
Construction Manager may seek an equitable adjustment in the GMP, estimated Cost of the
Work, Construction Manager's Fee, Date of Substantial Completion or Date of Final Completion,
and, if appropriate, the Compensation for Preconstruction Services under this Agreement. Any
equitable adjustment shall be approved by all parties.
viii. 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 copies of all notices, permits, licenses, and renewals
required under this Agreement.
1. Construction Manager shall pay applicable taxes and permit fees associated with the
entire project.
ix. DISCOUNTS: All discounts for prompt payment shall accrue to City. All trade discounts, rebates,
and refunds, and all returns from sale of surplus materials and equipment, shall be credited to
the Cost of the Work, or directly to the City if after final payment.
x. City may occupy, or use completed or partially completed portions of the Work when (a) the
portion of the Work is designated in a Certificate of Substantial Completion, (b) appropriate
insurer(s) consent to the occupancy or use, and (c) public authorities authorize the occupancy or
use. Construction Manager shall not unreasonably withhold consent to partial occupancy or use.
xi. 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.
xii. 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 provision is for
the exclusive benefit of all Parties and not for the benefit of any third party.
xiii. 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
RFQ 18-11, CMAR Services for Cultural Arts Corridor
Page 3 of 25
Last Revised 09.28.18
Agreement shall be binding upon all Parties, their partners, successors, assigns, and legal
representatives. No Party shall assign the Agreement without written consent of the other.
xiv. Where figures are given, they shall be preferred to scaled dimensions.
xv. 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.
xvi. In case of conflicts between the drawings and specifications, the specifications shall govern. In
any case of omissions or errors in figures, drawings, or specifications, Construction Manager shall
immediately submit the matter to City and Design Professional for clarification. Design
Professional's clarifications are final and binding.
xvii. 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.
b. "Business Day" means all Days, except weekends and official federal or state holidays where the Project is
located.
c. A "Change Order" is a written order signed by all Parties after execution of this Agreement, indicating
changes in the scope of the Work, the GMP and Date of Substantial Completion or Date of Final
Completion.
RFQ 18-11, CMAR Services for Cultural Arts Corridor
Page 4 of 25
Last Revised 09.28.18
d. "Contract Time" Is the period between the Date of Notice to Proceed dnd the tutdl time dutliurized to
achieve Final Completion.
e. "Cost of the Work" means the total costs and discounts charged to the City.
f. The "Construction Manager at Risk" (CMAR or CM) is the person or entity identified in this contract and
includes Construction Manager's Representative.
g. "Day" means a calendar day unless otherwise specified
h. "Defective Work" is any portion of the Work that that does not conform with the requirements of the
Contract Documents.
i. "Design Professional" means the licensed architect retained by the City and its subconsultants, to perform
design services for the Project.
j. "Final Completion" occurs on the date when CMAR's obligations under this Agreement are complete and
accepted by City and final payment becomes due and payable. This date shall be confirmed by a
Certificate of Final Completion signed by all Parties.
k. "Hazardous Material" is any substance or material identified now or in the future as hazardous under the
Law, or any other substance or material that may be considered hazardous or otherwise subject to
statutory or regulatory requirement governing handling, disposal, or cleanup.
I. "Interim Directive" is a written order containing change to the Work directed by and in consultation with
City and Design Professional after execution of this Agreement and before Substantial Completion.
Interim Directives shall be consolidated and formalized in a change order to be signed by all parties.
m. "Law" means federal, state, or local laws, ordinances, codes, rules, and regulations applicable to the Work
with which Construction Manager must comply that are enacted as of the Agreement date.
n. "Others" means City or 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)
q. The "Owner's Program" is an initial description of Owner's objectives, including budgetary and time
criteria, space requirements and relationships, flexibility and expandability requirements, special
equipment and systems, site requirements, and any requirements for phased occupancy.
r. The "Parties" are collectively City and CMAR.
s. The "Project," is the buildings, facilities, parks, trails, pavements, drives, roads, landscape, landscape
structures, utilities, 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.
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.
RFQ 18-11, CMAR Services for Cultural Arts Corridor
Page 5 of 25
Last Revised 09.28.18
v. "Substantial Completion" of the Work, or of a designated portion, occurs on the date when the Work is
sufficiently complete in accordance with the Contract Documents so that City may occupy or utilize the
Work, or a designated portion, for the use for which it is intended, without unapproved disruption. This
date shall be confirmed by a certificate of Substantial Completion signed by all Parties.
w. A "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 and Design Professional that are considered Contract
Documents, relevant field measurements made by Construction Manager, and any visible conditions at
the Worksite affecting the Work.
b. Should Construction Manager discover any errors, omissions, or inconsistencies in the Contract
Documents, Construction Manager shall promptly report them to the City and Design Professional.
Following receipt of written notice from Construction Manager of defects or nonconformity, City shall
promptly inform Construction Manager what action, if any, Construction Manager shall take with regard
to the defect or nonconformity.
c. Nothing in this section shall relieve CMAR of responsibility for its own errors, inconsistencies, or
omissions.
d. COST REPORTING: Construction Manager shall maintain complete, accurate, and current records that
comply with generally accepted accounting principles and calculate the proper financial management
under this Agreement. Construction Manager shall maintain a complete set of all books and records
prepared or used by Construction Manager with respect to the Project. City shall be afforded access to all
of Construction Manager's records, books, correspondence, instructions, drawings, receipts, vouchers,
memoranda, and similar data relating to this Agreement. Construction Manager shall preserve all such
records for a period of three years after the final payment or longer where required by Law.
RFQ 18-11, CMAR Services for Cultural Arts Corridor
Page 6 of 25
Last Revised 09.28.18
7. Warranty
a. Construction Manager warrants all materials and equipment furnished under the Construction Phase of
this Agreement will be new unless otherwise specified, of good quality, in conformance with the Contract
Documents, and free from defective workmanship and materials. At City or Design Professional request,
Construction Manager shall furnish satisfactory evidence of the quality and type of materials and
equipment furnished. Construction Manager further warrants all Work shall be free from material defects
not intrinsic in the design or materials required in the Contract Documents. Construction Manager's
warranty does not include remedies for defects or damages caused by normal wear and tear during
normal usage beyond the warranty period, use for a purpose for which the Project was not intended,
improper or insufficient maintenance, modifications performed by the City or others, or abuse.
Construction Manager's warranty shall commence on the Date of Final Completion of the Project.
b. To the extent products, equipment, systems, or materials incorporated in the Work are specified and
purchased by the City they shall be covered exclusively by the warranty of the manufacturer. There are
no warranties which extend beyond the description on the face of any such warranty. For such
incorporated items, ALL OTHER WARRANTIES EXPRESSED OR IMPLIED INCLUDING THE WARRANTY OF
MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY
DISCLAIMED.
c. Construction Manager shall obtain from its Subcontractors and Suppliers any special or extended
warranties required by the Contract Documents. Construction Manager's liability for such warranties shall
be limited to the one-year correction period, as further defined in this Agreement. After that period
Construction Manager shall provide full and comprehensive assistance to the City in enforcing the
obligations of Subcontractors or Suppliers for such extended warranties.
d. Correction of Work within Two Years
If before Substantial Completion or within two -years after the date of Final Completion of the
Work any Defective Work is found, City promptly notify Construction Manager in writing. Unless
City provides written acceptance of the condition, Construction Manager shall promptly correct
the Defective Work at its own cost and time and bear the expense of additional services required
for correction of any Defective Work for which it is responsible. If within the two-year correction
period City discovers and does not promptly notify Construction Manager or give Construction
Manager an opportunity to test or correct Defective Work as reasonably requested by
Construction Manager, City waives Construction Manager's obligation to correct that Defective
Work as well as City 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 before final payment, City may correct it in accordance with Owner's
right to carry out the Work. In such case, an appropriate Change Order shall be issued deducting
the cost of correcting the Defective Work from payments then or thereafter due Construction
Manager. If payments then or thereafter due Construction Manager are not sufficient to cover
such amounts, Construction Manager shall pay the difference to City.
iii. Construction Manager's obligations and liability, if any, with respect to any Defective Work
discovered after the two-year correction period shall be determined by the Law. If, after the two-
year correction period but before the applicable limitation period has expired, City discovers any
Work which City considers Defective Work, City shall, unless the Defective Work requires
emergency correction, promptly notify Construction Manager and allow Construction Manager
an opportunity to correct the Work if Construction Manager elects to do so. If Construction
Manager elects to correct the Work, it shall provide written notice of such intent within fourteen
RFQ 18-11, CMAR Services for Cultural Arts Corridor
Page 7 of 25
Last Revised 09.28.18
(14) Days of its receipt of notice from City and shall complete the correction of Work within a
mutually agreed timeframe. If Construction Manager does not elect to correct the Work, City may
have the Work corrected by itself or Others, and, if City intends to seek recovery of those costs
from Construction Manager, City shall promptly provide Construction Manager with an
accounting of the actual correction costs.
iv. If Construction Manager's correction or removal of Defective Work causes damage to or destroys
other completed or partially completed work or existing building, Construction Manager shall be
responsible for the cost of correcting the destroyed or damaged property.
The two-year period for correction of Defective Work does not constitute a limitation period with
respect to the enforcement of Construction Manager's other obligations under the Contract
Documents.
vi. Before final payment, at City option and with Construction Manager's agreement, City may elect
to accept Defective Work rather than require its removal and correction. In such cases the GMP
shall be equitably adjusted for any diminution in the value, as determined by City, of the Project
caused by such Defective Work.
8. Safety of Persons and Property
SAFETY PROGRAMS: Construction Manager holds overall responsibility for safety programs. However,
such obligation does not relieve Subcontractors of their safety responsibilities and to comply with the
Law. Construction Manager shall prevent against injury, loss, or damage to persons or property by taking
reasonable steps to protect: (a) its employees and other persons at the Worksite; (b) materials and
equipment stored at onsite or offsite locations for use in performing the Work; and (c) property located
at the Worksite and adjacent to work areas, whether or not the property is part of the Worksite.
b. CONSTRUCTION MANAGER'S SAFETY REPRESENTATIVE: Construction Manager shall designate an
individual at the Worksite in its employ as its safety representative. Unless otherwise identified by
Construction Manager in writing to City, Construction Manager's project superintendent shall serve as its
safety representative. Construction Manager shall report promptly in writing all recordable accidents and
injuries occurring at the Worksite. When Construction Manager is required to file an accident report with
a public authority, Construction Manager shall furnish a copy of the report to City.
c. Construction Manager shall provide City with copies of all notices required of Construction Manager by
the Law. Construction Manager's safety program shall comply with the requirements of governmental
and quasi -governmental authorities having jurisdiction.
i. Damage or loss not insured under property insurance that may arise from the Work, to the extent
caused by negligent or intentionally wrongful acts or omissions of Construction Manager, or
anyone for whose acts Construction Manager may be liable, shall be promptly remedied by
Construction Manager.
d. If City deems any part.of the Work or Worksite unsafe City, without assuming responsibility for
Construction Manager's safety program, may require Construction Manager to stop performance of the
Work, take corrective measures satisfactory to City. If Construction Manager does not adopt corrective
measures, City may perform them and deduct their cost from the GMP. Construction Manager agrees to
make no claim for damages, or an increase in the GMP, or for a change in the Dates of Substantial or Final
Completion based on Construction Manager's compliance with City's reasonable request.
RFQ 18-11, CMAR Services for Cultural Arts Corridor
Page 8 of 25
Last Revised 09.28.18
9. Subcontracts:
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.
Construction Manager agrees not to subcontract construction manager at risk related services without
prior written consent from the City.
10. Fees, Expenses, and Payments:
The maximum not -to -exceed amount authorized for this agreement is included in the breakdown shown
below. Fees shall be paid to the CMAR as described in Appendix B.
b. Phase 1: Pre -Construction Services
The maximum not -to -exceed amount authorized for this phase is $80,000.00 U5 Doilars. This
includes the Entegrity scope of work related to SITES certification for the design phase. Fees shall
be paid to the CMAR monthly from the City on a Lump Sum basis as described in Appendix B.
c. Phase 2: Guaranteed Maximum Price (GMP) for the construction of the Cultural Arts Corridor
i. If this Agreement is executed before establishment of the Guaranteed Maximum Price and its
acceptance by the City, then the GMP and its basis shall be set forth in a GMP Change Order.
ii. In the event all Parties agree the drawings and specifications are sufficiently complete after bids
are received, Construction Manager shall prepare and submit to the City in writing a GMP. The
GMP proposal shall include the cost of the Work, Construction Manager's Fee, the clarifications
upon which it is based, but shall not include compensation for Preconstruction Services (Phase 1).
iii. FAILURE TO ACCEPT THE GMP PROPOSAL: Unless the City accepts the GMP Proposal in writing
the GMP Proposal shall not be effective. If City fails to accept the GMP Proposal, or rejects the
GMP Proposal, City shall have the right to:
1. suggest modifications to the GMP Proposal
2. terminate the Agreement for convenience
iv. PRE -GMP WORK: Before City acceptance of the GMP Proposal, Construction Manager shall not
incur any cost to be reimbursed as part of the Cost of the Work, except as provided in this
Agreement or as City may specifically authorize in advanced writing.
v. GMP shall include an itemized cost items from the CMAR, including but not limited to:
1. Labor wages directly employed by Construction Manager in performing of the Work.
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.
RFQ 18-11, CMAR Services for Cultural Arts Corridor
Page 9 of 25
Last Revised 09.28.18
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.
S. Cost of all materials, supplies, and equipment incorporated in the Work, including costs
of inspection and testing if not provided by City, transportation, storage, and handling.
6. Payments made by Construction Manager to Subcontractors for work performed under
this Agreement.
7. Cost, including transportation and maintenance of all materials, supplies, equipment,
temporary facilities, and hand tools not owned by the workers that are used or
consumed in the performance of the Work, less salvage value or residual value; and cost
less salvage value on such items used, but not consumed that remain the property of
Construction Manager.
8. Rental charges of all necessary machinery and equipment, exclusive of hand tools owned
by workers, used at the Worksite, whether rented from Construction Manager or others,
including installation, repair, and replacement, dismantling, removal, maintenance,
transportation, and delivery costs at competitive market rates.
9. Cost of the premiums for all insurance and surety, performance or payment bonds which
Construction Manager is required to procure or deems necessary, and approved by City
including any additional premium incurred as a result of any increase in the GMP.
10. Sales, use, gross receipts, or other taxes, tariffs, or duties related to the Work for which
Construction Manager is liable.
11. Permits, taxes, fees, licenses, tests, royalties.
12. Losses, expenses, or damages to the extent not compensated by insurance or otherwise,
and the cost of corrective work during the Construction Phase and for the warranty
period.
13. Costs associated with establishing, equipping, operating, maintaining, mobilizing and
demobilizing the field office.
14. Water, power, and fuel costs necessary for the Work.
15. Cost of removal of all nonhazardous substances, debris, and waste materials.
16. Costs incurred due to an emergency affecting the safety of persons or property.
RFQ 18-11, CMAR Services for Cultural Arts Corridor
Page 10 of 25
Last Revised 09.28.18
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.
18. City acknowledges that the GMP applies in the aggregate to all categories and line items
of the Cost of Work and in no event shall be considered a line item guarantee of the cost
of any individual portion of the work.
19. The GMP shall contain a mutually agreeable separately identified contingency (the
"Construction Contingency") for the use by the Construction Manager and City shall
approve the use of this construction contingency. The construction contingency is not
allocated to any particular item of the Cost of the Work and is established for the
Construction Manager's use (to include, but not limited to, mitigation of weather impact,
losses, expenses or damages not covered by insurance or bonds, insurance deductibles
incurred by the Construction Manager that are not otherwise reimbursed, low estimates
or deviations from the estimated cost, schedule acceleration, overtime expenses for the
trade contractors and other schedule enhancing costs and costs of replacing
subcontractors who default). It is understood by the Parties that this contingency is not
to be allocated to costs due to errors and omissions in the Contract Documents or to
remedy, correct or resolve any inconsistencies, ambiguities, errors or omissions
contained within the Design Team's work product on which the Construction Manager's
GMP was based. Further, this contingency is not to be allocated for change orders
requested by the City or for change orders that are the result of an unforeseen condition
in the Work, not clearly depicted or specified in the Contract Documents.
a. Any unused Construction Contingency shall be fully returned or retained by the
City.
d. 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:
i. The City shall be responsible for a not to exceed cap.
ii. Final amounts shall be identified with a Change Order, pursuant to agreement of all parties of a
Guaranteed Maximum Price.
iii. Change orders for added scope beyond a GMP change order, if applicable, shall be approved by
both parties in advance.
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.
f. Payment Terms: All invoices are payable upon approval and due within thirty (30) calendar days. If a
portion of an invoice or statement is disputed by CITY, the undisputed portion shall be paid. CITY OF
FAYETTEVILLE shall advise CMAR in writing of the basis for any disputed portion of any invoice. CITY shall
make reasonable effort to pay invoices within 30 calendar days of date the invoice is approved.
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
RFQ 18-11, CMAR Services for Cultural Arts Corridor
Page 11 of 25
Last Revised 09.28.18
incurred transporting the materials to an offsite storage facility. Approval of payment applications for
stored materials and equipment stored offsite shall be conditioned on a submission by Construction
Manager of bills of sale and proof of required insurance, or such other documentation satisfactory to City
to establish the proper valuation of the stored materials and equipment, City's title to such materials and
equipment, and to otherwise protect City's interests therein, including transportation to the Worksite.
Materials and equipment stored offsite shall be in a bonded and insured secure facility.
Monthly invoices for each calendar month shall be submitted to City or such parties as City may designate
for professional services consistent with CMAR's normal billing schedule. Once established, the billing
schedule shall be maintained throughout the duration of the Project. Invoices shall be made in
accordance with a format to be developed by CMAR and approved by City. Applications for payment shall
be accompanied each month by the updated project schedule as the basis for determining the value
earned as the work is accomplished. Final payment for professional services shall be made upon CITY OF
FAYETTEVILLE'S approval and acceptance with the satisfactory completion of professional services for the
Project.
Retainage in the amount of five percent (5%) will be withheld from each payment until project
final completion.
ii. Upon Substantial Completion, the City may release retainage on that portion of the Work a
Subcontractor has completed in whole or in part, and which City has accepted.
i. Final Payment: Upon satisfactory completion of the work performed under this Agreement, as a condition
before final payment under this Agreement, or as a termination settlement under this Agreement, CMAR
shall execute and deliver to CITY OF FAYETTEVILLE a release of all claims against CITY OF FAYETTEVILLE
arising under or by virtue of this Agreement, except claims which are specifically exempted by CMAR to
be set forth therein.
Unless otherwise provided in this Agreement or by State law or otherwise expressly agreed to by
the parties to this Agreement, final payment under this Agreement or settlement upon
termination of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims
against CMAR or sureties under this Agreement.
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 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.
a. 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
RFQ 18-11, CMAR Services for Cultural Arts Corridor
Page 12 of 25
Last Revised 09.28.18
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.
c. Unless instructed by City in writing, Construction Manager shall not knowingly commence the Work
before the effective date of Construction Manager's required insurance and bonds.
Schedule of Work: Before submitting its first application for payment, Construction Manager shall submit
to City and, if directed, Design Professional a Schedule of the Work showing the dates on which
Construction Manager plans to begin and complete various parts of the Work, including dates on which
information and approvals are required from City. Except as otherwise directed by City, Construction
Manager shall comply with the approved Schedule of the Work or Construction Manager.
i. Unless otherwise agreed, the Schedule of the Work shall be formatted in a detailed precedence -
style critical path method that (a) provides a graphic representation of all activities and events,
including float values that will affect the critical path of the Work, and (b) identifies dates that are
critical to ensure timely and orderly completion of the Work.
ii. Construction Manager shall update the Schedule of the Work on a bi-monthly basis or as
mutually agreed by all Parties.
iii. City may determine the sequence in which the Work shall be performed, provided it does not
unreasonably interfere with the approved project schedule. City may require Construction
Manager to make reasonable changes in the sequence at any time during the performance of the
Work in order to facilitate the performance of work by City or Others. If Construction Manager
consequently incurs 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 written notice of the claim. If Construction Manager causes delay in the completion of the Work, City
shall be entitled to recover its additional costs.
MONITORING PROGRESS AND COSTS: Following acceptance by City of the GMP, Construction Manager
shall establish a process for monitoring actual costs against the GMP and actual progress against the
Schedule of Work. Construction Manager shall provide written reports to City at intervals as agreed to by
all Parties on the status of the Work, showing variances between actual costs and the GMP and actual
progress as compared to the Schedule of Work, including estimates of future costs and recovery
programs if actual progress indicates that the Dates of Substantial Completion or Final Completion may
not be met.
13. Substantial Completion:
a. Construction Manager shall notify City and, if directed, Design Professional when it considers Substantial
Completion of the Work or a designated portion to have been achieved. City, with the assistance of its
Design Professional, shall promptly conduct an inspection to determine whether the Work or designated
portion can be occupied or used for its intended use by City without excessive interference in completing
RFQ 18-11, CMAR Services for Cultural Arts Corridor
Page 13 of 25
Last Revised 09.28.18
any remaining unfinished Work. If City determines the Work or designated portion has not reached
Substantial Completion, City with the assistance of its Design Professional, shall promptly compile a list of
items to be completed or corrected so City may occupy or use the Work or designated portion for its
intended use. Construction Manager shall promptly and accurately complete all items on the list.
b. When Substantial Completion of the Work or a designated portion is achieved, Construction Manager
shall prepare a Certificate of Substantial Completion establishing the date of Substantial Completion and
the respective responsibilities of each Party for interim items such as security, maintenance, utilities,
insurance, and damage to the Work, and fixing the time for completion of all items on the list
accompanying the Certificate. The Certificate of Substantial Completion shall be submitted by
Construction Manager to City and, if directed, to Design Professional for written acceptance of
responsibilities assigned in the Certificate of Substantial Completion.
c. Unless otherwise provided in the Certificate of Substantial Completion, warranties required by the
Contract Documents shall commence on the date of Substantial Completion of the Work or a designated
portion.
d. Upon City's written acceptance of the Certificate of Substantial Completion, City shall pay to Construction
Manager the remaining retainage held by City for the Work described in the Certificate of Substantial
Completion less a sum equal to one hundred and fifty percent (1S0%) 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, 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's written acceptance a
final application for payment stating that to the best of Construction Manager's knowledge, and
based on City's inspections, the Work has reached Final Completion in accordance with the
Contract Documents.
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, 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:
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
property;
2. as -built drawings, manuals, copies of warranties, and all other close-out documents
required by the Contract Documents;
RFQ 18-11, CMAR Services for Cultural Arts Corridor
Page 14 of 25
Last Revised 09.28.18
3. release of any liens, conditioned on final payment being received;
4. consent of any surety; and
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, 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, 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.
b. CMAR shall ensure that the City of Fayetteville receives lien waivers from all material suppliers,
subcontractors and sub -subcontractors and before work begins on the project. The contractor shall give
written notice to the material suppliers, subcontractors and sub -subcontractors providing work on the
project that states the following:
i. 'According to Arkansas law, it is understood that no liens can be filed against public property if
valid and enforceable payment and performance bond is in place. Regarding this Project and
Agreement, the valid and enforceable bonds are with Stephens Insurance, LLC.
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 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 one thousand US dollars ($1,000 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.
RFQ 18-11, CMAR Services for Cultural Arts Corridor
Page 15 of 25
Last Revised 09.28.18
18. Venue: Venue for all legal disputes shall be Washington County, Arkansas.
19. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing contractual
work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is
presented to the City of Fayetteville, the CMAR shall do everything possible to provide the documents in a prompt
and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25-19-101 et. Seq.). Only
legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance.
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 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 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 with certificates of insurance until one year after Substantial
Completion or longer if required by the Contract Documents. In addition, if any insurance policy required
RFQ 18-11, CMAR Services for Cultural Arts Corridor
Page 16 of 25
Last Revised 09.28.18
Is not to be irnrnediaLely IepldCed wiLliuul lapse hi coverage when it expires, exhausts its limits, or is to be
cancelled, Construction Manager shall give City prompt written notice upon actual or constructive
knowledge of such condition.
h. Certificates of Insurance shall list the City as Additional Insured Parties.
i. 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.
ii. Unless otherwise directed in writing by City, before starting the Work, CMAR shall obtain and
maintain a Builder's Risk Policy upon the entire Project for the full cost of replacement at the time
of loss, including existing structures. This insurance shall also (a) name Construction Manager,
Subcontractors, 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 has an insurable interest in the property to be covered by this insurance,
whichever is sooner. Partial occupancy or use of the Work shall not commence until City has
secured the consent of the insurance company or companies providing the coverage required in
RFQ 18-11, CMAR Services for Cultural Arts Corridor
Page 17 of 25
Last Revised 09.28.18
this subsection. Before commencing the Work, City shall provide a copy of the property policy or
policies obtained.
iv. If City elects to purchase the property insurance required by this Agreement, including all of the
coverages and deductibles for the same durations specified, City shall give written notice to
Construction Manager before the Work is commenced and provide a copy of the property policy
or policies obtained in compliance with this agreement. City may then provide insurance to
protect its interests and the interests of the Constructor, Subcontractors, Suppliers, and
Subsubcontractors. The cost of this insurance shall be paid by City in a Change Order. If City gives
written notice of its intent to purchase property insurance required by this Agreement and fails
to purchase or maintain such insurance, City shall be responsible for costs reasonably attributed
to such failure.
v. The Parties each waive all rights against each other and their respective employees, agents,
contractors, subcontractors, suppliers, 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.
1. To the extent of the limits of Construction Manager's Commercial General Liability
Insurance, Construction Manager shall indemnify and hold harmless City against any and
all liability, claims, demands, damages, losses, and expenses, including attorneys' fees, in
connection with or arising out of any damage or alleged damage to any of City's existing
adjacent property, including personal property, that may arise from the performance of
the Work, to the 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.
j. 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.
k. ADDITIONAL GENERAL LIABILITY COVERAGE: City shall require Construction Manager to purchase and
maintain additional liability coverage. Construction Manager shall provide:
i, Additional Insured. City shall be named as an additional insured on Construction Manager's
Commercial General Liability (CGL) specified, for on-going operations and completed operations,
excess/umbrella liability, commercial automobile liability, and any required, pollution liability, but
only with respect to liability for bodily injury, property damage, or personal and advertising injury
to the extent caused by the negligent acts or omissions of Construction Manager, or those acting
on Construction Manager's behalf, in the performance of Construction Manager's work for
Owner at the Worksite. The insurance of the Construction Manager and its Subcontractors (both
primary and excess) shall be primary to any insurance available to the Additional Insureds. Any
insurance available to the Additional Insureds shall be excess and non-contributory.
ii. OCP. Construction Manager shall provide an Owners' and Contractors' Protective Liability
Insurance ("OCP") policy with limits equal to the limits on CGL specified, or limits as otherwise
required by Owner.
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Page 18 of 25
Last Revised 09.28.18
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 have been named as an additional insured, as applicable.
L 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 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, 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 will promptly report to CMAR any defects or suspected defects in services of which CITY OF
FAYETTEVILLE becomes aware, so CMAR can take measures to minimize the consequences of such a defect. CITY
OF FAYETTEVILLE retains all remedies to recover for its damages caused by any negligence of CMAR.
23. Responsibility of the City of Fayetteville
a. CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of CMAR:
i. Provide full information as to the requirements for the Project.
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 is the project representative with respect to the services
to be performed under this Agreement. The Facilities Director shall have complete authority to
transmit instructions, receive information, interpret and define policies and decisions with
respect to materials, equipment, elements and systems to be used in the Project, and other
matters pertinent to the services covered by this Agreement.
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Last Revised 09.28.18
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
authorizing services hereunder.
a. The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the
Project through completion of the services stated in the Agreement. CMAR shall proceed with providing
the authorized services immediately upon receipt of written authorization from CITY OF FAYETTEVILLE.
Said authorization shall include the scope of the services authorized and the time in which the services
are to be completed. 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 for its
convenience, provided that CMAR is given:
i. Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt
requested) of intent to terminate,
ii. An opportunity for consultation with the terminating party prior to termination.
c. If termination for default is affected by CITY OF FAYETTEVILLE, an equitable adjustment in the price
provided for in this Agreement shall be made, but
i. No amount shall be allowed for anticipated profit on unperformed services or other work,
ii. Any payment due to CMAR at the time of termination may be adjusted to cover any additional
costs to CITY OF FAYETTEVILLE because of CMAR's default.
d. If termination for default is effected by CMAR, or if termination for convenience is effected by CITY OF
FAYETTEVILLE, the equitable adjustment shall include a reasonable profit for services or other work
performed. The equitable adjustment for any termination shall provide for payment to CMAR for services
rendered and expenses incurred prior to the termination, in addition to termination settlement costs
reasonably incurred by CMAR relating to commitments which had become firm prior to the termination.
e. Upon receipt of a termination action under Paragraphs above, CMAR shall:
i. Promptly discontinue all affected work (unless the notice directs otherwise),
ii. Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings, specifications,
reports, estimates, summaries and such other information and materials as may have been
accumulated by CMAR in performing this Agreement, whether completed or in process.
f. Upon termination under sections above CITY OF FAYETTEVILLE may take over the work and may award
another party an agreement to complete the work under this Agreement.
g. If, after termination for failure of CMAR to fulfill contractual obligations, it is determined that CMAR had
not failed to fulfill contractual obligations, the termination shall be deemed to have been for the
RFQ 18-11, CMAR Services for Cultural Arts Corridor
Page 20 of 25
Last Revised 09.28.18
convenience of CI I Y OF FAYETTEVILLE. In such event, adjustments of the agreement price shall be made
as provided in this agreement.
27. Delays
a. In the event the services of CMAR are suspended or delayed by CITY OF FAYETTEVILLE or by other events
beyond CMAR's reasonable control, other than weather related or items beyond the City's 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. Regardless of what may prompt additional work, CMAR shall in all cases obtain pre -approval from the City
in advance of any additional work being performed beyond the contracted and established scope of work.
c. In the event the services are suspended or delayed by CMAR, CITY shall be entitled to compensation and
time for reasonable costs incurred in temporarily closing down or delaying the Project.
28. Rights and Benefits
a. CMAR's services shall be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the benefit
of any other persons or entities.
29. Dispute Resolution
a. Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between CITY
OF FAYETTEVILLE and CMAR which arise from, or in any way are related to, this Agreement, including, but
not limited to the interpretation of this Agreement, the enforcement of its terms, any acts, errors, or
omissions of CITY OF FAYETTEVILLE or CMAR in the performance of this Agreement, and disputes
concerning payment.
b. Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If timely
Notice is given as described in this agreement, but an action is initiated prior to exhaustion of these
procedures, such action shall be stayed, upon application by either party to a court of proper jurisdiction,
until the procedures in this agreement have been complied with.
c. Notice of Dispute
i. For disputes arising prior to the making of final payment promptly after the occurrence of any
incident, action, or failure to act upon which a claim is based, the party seeking relief shall serve
the other party with a written Notice.
ii. For disputes arising within one year after the making of final payment, CITY OF FAYETTEVILLE
shall give CMAR written Notice at the address listed in this agreement within thirty (30) calendar
days after occurrence of any incident, accident, or first observance of defect or damage. In both
instances, the Notice shall specify the nature and amount of relief sought, the reason relief
should be granted, and the appropriate portions of this Agreement that authorize the relief
requested.
iii. Negotiation: Within seven (7) calendar days of receipt of the Notice, the Project Managers for
CITY OF FAYETTEVILLE and CMAR shall confer in an effort to resolve the dispute. if the dispute
cannot be resolved at that level, then, upon written request of either side, the matter shall be
referred to the President of CMAR and the Mayor of CITY OF FAYETTEVILLE or his designee.
These officers shall meet at the Project Site or such other location as is agreed upon within 30
calendar days of the written request to resolve the dispute.
30. Sufficient Funds: The CITY represents it has 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
RFQ 18-11, CMAR Services for Cultural Arts Corridor
Page 21 of 25
Last Revised 09.28.18
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:
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 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. In
any event, and notwithstanding any language to the contrary in the Contract Documents, CMAR's
obligation to indemnify and hold harmless as provided herein shall not exceed any amounts that are
greater than that represented by the degree or percentage of negligence or fault attributable to the
CMAR, its Subcontractors, agents, representatives, or suppliers, or anyone directly or indirectly employed
by them, or anyone for whose acts they may be liable.
33. Ownership of Documents:
a. All documents provided by CITY OF FAYETTEVILLE including original drawings, CAD drawings, estimates,
field notes, and project data are and remain the property of CITY OF FAYETTEVILLE. 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 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:
Review, approval, or acceptance of design drawings, specifications, reports and other services furnished
hereunder by CITY shall not in any way relieve CMAR of responsibility for the technical adequacy of the
work. Review, approval or acceptance of, or payment for any of the services by CITY shall not be
construed as a waiver of any rights under this Agreement or of any cause of action arising out of the
performance of this Agreement.
RFQ 18-11, CMAR Services for Cultural Arts Corridor
Page 22 of 25
Last Revised 09.28.18
b. CNIAR shall be and shall remain liable, In accordance with applicable law, for all damages Lu CITY OF
FAYETTEVILLE caused by CMAR's negligent performance, except beyond the CMAR's normal standard of
care, of any of the services furnished under this Agreement, and except for errors, omissions or other
deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE-furnished data.
c. CMAR's obligations under this clause are in addition to CMAR's other express or implied assurances under
this Agreement or State law and in no way diminish any other rights that CITY OF FAYETTEVILLE may have
against CMAR for faulty materials, equipment, or work.
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 a copy of the cost summary submitted. CITY OF FAYETTEVILLE, the State or any of their
authorized representatives shall have access to all such books, records, documents and other evidence
for the purpose of inspection, audit and copying during normal business hours. CMAR will provide proper
facilities for such access and inspection.
c. Records shall be maintained and made available during performance on assisted work under this
Agreement and until three years from the date of final payment for the project. In addition, those
records which relate to any controversy arising out of such performance, or to costs or items to which an
audit exception has been taken, shall be maintained and made available until three years after the date of
resolution of such appeal, litigation, claim or exception.
d. This right of access clause (with respect to financial records) applies to:
i. Negotiated prime agreements
ii. Negotiated change orders or agreement amendments affecting the price of any formally
advertised, competitively awarded, fixed price agreement
iii. Agreements or purchase orders under any agreement other than a formally advertised,
competitively awarded, fixed price agreement. However, this right of access does not apply to a
prime agreement, lower tier sub agreement or purchase order awarded after effective price
competition, except:
1. With respect to record pertaining directly to sub agreement performance, excluding any
financial records of CMAR;
2. If there is any indication that fraud, collusion, gross abuse or corrupt practices may be
involved;
3. If the sub agreement is terminated for default or for convenience.
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 shall have the right to annul this Agreement without liability or at its discretion, to deduct
from the contract price or consideration, or otherwise recover, the full amount of such commission,
percentage, brokerage, or contingent fee.
RFQ 18-11, CMAR Services for Cultural Arts Corridor
Page 23 of 25
Last Revised 09.28.18
37. Gratuities:
a. If CITY OF FAYETTEVILLE finds after a notice and hearing that CMAR or any of CMAR agents or
representatives, offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any
official, employee or agent of CITY OF FAYETTEVILLE, or related third party contractor associated with this
project, in an attempt to secure an agreement or favorable treatment in awarding, amending or making
any determinations related to the performance of this Agreement, CITY OF FAYETTEVILLE may, by written
notice to CMAR terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and
remedies that the law or this Agreement provides. However, the existence of the facts on which CITY OF
FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings under the
Remedies clause of this Agreement.
b. The CITY may pursue the same remedies against CMAR as it could pursue in the event of a breach of the
Agreement by CMAR. As a penalty, in addition to any other damages to which it may be entitled by law,
CITY OF FAYETTEVILLE may pursue exemplary damages in an amount, as determined by CITY, which shall
be not less than three nor more than ten times the costs CMAR incurs in providing any such gratuities to
any such officer or employee.
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 if approved by a bond referendum or as defined and described below. As
such, the City of Fayetteville hereby becomes a co -signatory Owner cWthis contract. The specific City role
and accounting requirements may further be defined at the time af.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
Cultural Arts Corridor. Expenditure of bond proceeds shall not .waive any right under this
agreement.
1. All parties agree if funding should become insufflcient,`to complete the project, CMAR
shall be notified in a timely manner.
b. The citizens of Fayetteville may vote in favor of authorizing the Fayetteville City Council to issue bonds to
fund a portion of the Cultural Arts Corridor.
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 Cultural Arts
Corridor project beyond the expenditures noted above.
e. The CMAR agrees to work with the City of Fayetteville to prominently display a bronze or comparable
material plaque on a City determined location along the Cultural Arts Corridor stating, "The City of
Fayetteville thanks the citizens and taxpayers of Fayetteville for their over $XX million investment and the
Walton Family Foundation (after granted permission from the Walton Family Foundation) for the project
name and year". Wording shall be finalized with the CITY prior to procuring the plaque.
RFQ 18-11, CMAR Services for Cultural Arts Corridor
Page 24 of 25
Last Revised 09.28.18
IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and. through its Mayor and Nabholx Construction Corporation,
by its authorized officer have made and executed this Agreement as of the day and year first above written.
[4]2yl
NABHOLZ CONSTRUCTION CORPORATION
By: A* -�
Ro Dodd, Executive Vice President of Operations
ATT ST:
By:op't-&r.
Sondra E. Smith, City Cierk/Tre surer
Date Signed: 44d Date Signed:
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9 Z9.2016
RFQ 18-11, CMAR Services for Cultural Arts Corridor
Page 25 of 25
Last Revised 09.28,18
APPENDIX A - SCOPE OF SERVICES
CONSTRUCTION MANAGER AT RISK SERVICES
FOR THE CULTURAL ARTS CORRIDOR
1. General Conditions
a. Construction Manager at Risk (CMAR) shall provide construction manager at risk services to the
City for the design development, construction drawings, bidding, construction observation and
ancillary services, including services to prepare necessary documents for permitting approval
through the City's Development process, for work associated with the Cultural Arts Corridor
(CAC).
b. If approved by a City bond referendum and by the Fayetteville City Council, citizens of Fayetteville
will provide funding for the improvements along the Cultural Arts Corridor. The City makes no
guarantee for funding beyond Phase 1 as identified below.
c. The improvements along the CAC shall be evaluated against achieving SITES Certified (Certified,
Silver, Gold or Platinum) as designated by The Sustainable SITES Initiative.
d. Construction contracts for the project shall not be entered into between the CM or 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.
ii. 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
Construction Manager shall provide competent supervision for the performance of the
Work. Before commencing the Work, Construction Manager shall notify City in writing of
the name and qualifications of its proposed superintendent(s) and project manager, so
City may review the qualifications. If, for reasonable cause, City refuses to approve the
individual, or withdraws its approval after once giving it, Construction Manager shall
name a different superintendent for City review.
ii. Construction Manager shall be responsible to City 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
Contract for Construction Manager at Risk Services — Cultural Arts Corridor
Appendix A - SCOPE OF SERVICES
Page 1 of 12, Last Updated: 09.28.2018
among persons performing the Work. If City determines 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's written notice to do so.
iv. CONSTRUCTION MANAGER'S REPRESENTATIVE: Construction Manager's authorized
representative shall be approved by the City. Construction Manager's Representative
shall possess full authority to receive instructions from City and to act on those
instructions. If Construction Manager changes its representative or their authority,
Construction Manager shall immediately notify City in writing.
c. CLEAN UP
1. 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.
ii. If Construction Manager fails to commence compliance with cleanup duties within two
(2) calendar days after written notification from City of non-compliance, City 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. CMAR 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
related projects which is managed with Timberline software. CMAR shall apply
those costs to the project to accurately establish preliminary budget
expectations. Upon establishing realistic budget expectations for the project,
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. PRELIMINARY EVALUATION Construction Manager shall provide a preliminary evaluation
of Owner's Program and report such findings to City and Design Professional.
iv. CONSULTATION: CMAR shall attend regular meetings as scheduled by the Design
Professional with project team. Construction Manager shall consult with City and Design
Professional regarding site use and improvements and the selection of materials, building
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Appendix A - SCOPE OF SERVICES
Page 2 of 12, Last Updated: 09.28.2018
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.
v. 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 approval. Construction Manager shall coordinate and
integrate the Schedule of the Work with the services and activities of City, 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 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. If the Project is to
be completed in phases, Construction Manager shall make recommendations to City and
Design Professional regarding the phased issuance of the drawings and specifications.
vi. Estimates
1. When City has 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 City, 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, Construction Manager shall prepare
for the review of Design Professional and approval of City, a more detailed
budget with supporting data. During the preparation of the design development
documents or documents of comparable detail, 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, Construction
Manager shall prepare a further detailed estimate with supporting data for
review by Design Professional and approval by City. 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 exceeds previously approved estimates,
Construction Manager shall notify and make recommendations to City.
5. TEMPORARY FACILITIES: Construction Manager shall make recommendations
regarding temporary construction facilities, equipment, materials, and services
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Appendix A - SCOPE OF SERVICES
Page 3 of 12, Last Updated: 09.28.2018
for common use by Construction Manager, its Subcontractors,
Subsubcontractors, and Suppliers.
6. LONG -LEAD-TIME ITEMS: Construction Manager shall recommend to City 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: CMAR shall provide equal
information to any interested party while soliciting subcontractors and suppliers.
All communication after bids have been advertised shall be routed through the
City Purchasing Division.
8. EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION: Construction
Manager shall consult with City regarding equal employment opportunity and
affirmative action programs.
9. CONSULTANTS: Construction Manager shall assist City in coordinating the
professional services of a surveyor, testing laboratories, and special consultants
as needed.
10. PERMITS: Construction Manager shall assist City 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
i. Gather information related to existing on-site structures which are intended to be
demolished and identify SITES design principles that may impact design, cost, and SITES
evaluation.
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 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.
iv. Attend coordination meetings with City 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 staff to review square footage,
required utilities, drainage, zoning and traffic needs to develop Schematic Design
Documents.
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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 submitted for the City's Development review process.
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. Provide a schematic cost estimate and conceptual project schedule.
c. Design Development Phase
i. CMAR shall serve as an involved party during the Design phase with the City'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 representatives prior to being released for the
bidding process. All communication for trade package review shall be coordinated
through the City of Fayetteville Purchasing Division.
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 staff for review and approval. (50% plan review). Components to
include but not limited to:
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 cost -benefit analyses to determine most cost-
effective construction after evaluation of life -cycle cost impact.
d. Sites Certification:
i. Consult with Design Professional and the City of Fayetteville on SITES design credits
and provide documentation for credits as listed below:
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1. M5.4 - Use Salvaged Materials and Plants
2. M5.5 - Use Recycled Content Materials
3. M5.6 - Use Regional Materials
4. M5.7 - Support responsible extraction of raw materials
5. M5.8 - Support transparency and safer chemistry
6. M5.9 - Support sustainability in materials and manufacturing
7. M5.10 - Support sustainability in plant production
ii. Coordinate with City of Fayetteville on policy based operational changes needed to meet
the Operations + Maintenance and Education + Performance monitoring for SITES
credits.
e. 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 and City for review and
action as appropriate. In addition, Construction Manager shall promptly report to City
and Design Professional any errors or omissions which it discovers in the drawings and
specifications.
ii. Bid packages shall be developed as applicable for the project
iii. Bid packages shall be developed to accurately bid the procurement of trade contractor
and supplier contracts upon the most economically feasible and beneficial manner. 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 the greatest overall value. Bid packages at a minimum shall include:
1. Design documents
2. Detailed specifications
3. Synopsis of the project
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 for cost analyses. (90% plan review).
vi. Attend follow up meetings with City
1. Development Services
2. Fire Marshall
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3. Any other applicable departments or division
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 updated Cost Estimate and schedule to:
1. 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.
xi. CMAR guarantees the design development estimate, which may include up to a 10%
contingency, to be within 2% of the final GMP pending no scope revisions after the
design development estimate.
f. Bid Phase
i. All trade contracts shall be publicly bid by the City of Fayetteville Purchasing Division. 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. Any
trade bid submitted by the CMAR shall be a sealed bid, in the same manner as all
other subcontractors and suppliers and shall be submitted to the City Purchasing
Division a minimum of 24 hours prior to the deadline stated in the advertisement
for bids.
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 and shall maintain and manage the plan holders listing.
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. 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.
vii. All bid shall be submitted to the City of Fayetteville Purchasing Division.
viii. The bid tabulation shall be constructed by the City 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.
ix. 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
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.
x. CMAR shall review Architect's Recommendation of Award Letter that includes the
following required content:
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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 and Architect team to develop a Value Engineering list, if
necessary, at no additional fee.
5. Recommendation to award
A. Attend City Council meeting(s) related to any change orders.
xii. Produce and transmit to selected contractor electronic versions of project manuals ready
for execution with City's Notice of Intent to Award (NOI).
xiii. Attend City Council meeting(s) for the recommendation for award of Contract(s) for
Construction.
4. Phase 2 tapplicable upon successful change order authorized by ail partiesl 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 and
Design Professional, construction progress meetings.
iii. Coordinate with City 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 Sustainability Division 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 Sustainability
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
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.
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.
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b. Construction Phase for SITES
i. Implement strategies with City of Fayetteville, to ensure sustainable construction
methods required by SITES to achieve minimum Silver designation are used.
ii. Communicate monthly during the construction phase with project team and owner about
status of construction credits.
iii. Properly document requirements and work with project teams to achieve the following
credits:
P7.1— Communicate and verify sustainable construction practices
P7.2 — Control and retain construction pollutants
P7.3 — Restore soils disturbed during construction
C7.4— Restore soils disturbed by previous development
C7.5 — Divert construction and demolition materials from disposal
C7.6 — Divert construction and demolition materials from disposal
C7.7 — Protect air quality during construction
P8.1— Plan for sustainable site maintenance
P8.2 — Provide for storage and collection of recyclables
C8.3 — Recycle organic matter
C8.4 — Minimize pesticide and fertilizer use
C8.5 — Reduce outdoor energy consumption
C8.6 — Us renewable source for landscape electricity needs
C8.7 — Protect air quality during landscape maintenance
C9.1— Promote sustainability awareness and education
C9.2 — Develop and communicate a case study
C9.3 — Plan to monitor and report site performance
M5.4 - Use Salvaged Materials and Plants
M5.5 - Use Recycled Content Materials
M5.6 - Use Regional Materials
M5.7 - Support responsible extraction of raw materials
M5.8 - Support transparency and safer chemistry
M5.9 - Support sustainability in materials and manufacturing
M5.10 - Support sustainability in plant production
c. 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. CMAR 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
2. ADDITIONAL OR REDUCED SCOPE OF WORK: At the City'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.
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3. CITY DIRECTED SCHEDULE ACCELERATION OR SLOWDOWN: Based on the City'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.
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
Construction Phase: CMAR project management team shall utilize extensive 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, etc.
4. Update the schedule every 15 days, submitted with monthly with pay
applications.
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
seriously. 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.
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 (or other mutually agreed upon frequency) progress meetings with the
entire project team. Minutes of these meetings shall be issued weekly, or other
mutually agree upon frequency, 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 as well as other project team embers regularly to
encourage project efficiency and collective team synergy.
e. 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.
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iii. Should the City initiate changes, or should unforeseen circumstances arise, CMAR shall
work within the budget without incurring burdensome extra costs.
f. 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 and City
6. Material storage and maintenance —ensure no material is damaged by weather
7. Daily inspections by Superintendent
8. Diligent housekeeping
9. Bi -monthly City--Architect-Contractor Meetings
g. 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 where necessary
2. Security Camera Monitoring
3. Coordinated and well-defined traffic control
h. Site Coordination
i. 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:
1. Pre -Construction Meeting
2. Pre -installation (Project Requirements Review) meetings with the subcontractors
3. City Design Professional and CMAR Meetings
4. Weekly Subcontractor Coordination Meetings
5. Daily communication between office and field personnel
i. 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 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 which include but are not limited to:
1. Punch Out
2. Project Directory
3. Substantial Completion
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4. Final Inspection
5. Certificate of Occupancy
6. Commissioning (as identified in Contract Documents)
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. O&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 0&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 recommending acceptance.
v. Final retainage released upon City approval
5. City Responsibilities:
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 upon city planimetrics showing contours, structures, right-of-
way, property lines, easements, and all utilities including private sewer service connections.
6. CMAR Fee Schedule: Refer to Appendix B
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Appendix A - SCOPE OF SERVICES
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APPENDIX B — CMAR FEE SCHEDULE
CONSTRUCTION MANAGER AT RISK SERVICES
FOR THE CULTURAL ARTS CORRIDOR
1. .Compensation for Preconstruction Phase Services
a. The Construction Manager's Fee for Preconstruction Phase Services shall be a not -to -exceed
lump sum of $80,000.00. This includes an amount of $59,600.00 for the Phase 1 General Pre -
Construction Services listed in Appendix A along with $20,400.00 for the Entegrity scope of work
related to SITES certification for the design phase.
b. Any miscellaneous costs associated with the delivery of preconstruction services (printing,
advertising, etc.) shall be invoiced at direct cost of the item without markup or profit for the
Construction Manager.
c. Travel outside of the State of Arkansas, if required, is not included in the not -to -exceed
amount for this phase and will be billed as a reimbursable expense based on actual
documented cost.
d. If the Preconstruction Phase services covered by this Agreement have not been completed within
(365) days of the date of this Agreement, through no fault of the Construction Manager, the
Construction Manager's compensation for Preconstruction Phase services shall be equitable
adjusted.
e. The Fee for Preconstruction Phase Services shall be invoiced as follows:
i. 25% upon completion of Conceptual Estimate
ii. 25% upon completion of Schematic Estimate
iii. 25% upon completion of Design Development Estimate
iv. 25% upon completion of Bidding Phase
f. Rates are as follows:
i. Preconstruction Manager $95.00/hr
ii. Chief Estimator $75.00/hr
iii. Senior Project Manager $95.00/hr
iv. Constructability Professional $90.00/hr
v. Project Manager $85.00/hr
vi. General Superintendent $95.00/hr
vii. Safety Director $65.00/hr
viii. Superintendent $90.00/hr
ix. Project Engineer $50.00/hr
x. Clerical $35.00/hr
xi. Model Integrator $55.00/hr
2. Compensation for Construction„ Phase Services
a. The Construction Manager's Fee for Phase 2 CMAR Services with a Guaranteed Maximum Price
(GMP) listed in Appendix A is to be determined upon issuance of change order for this phase of
services.
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Appendix B — CMAR Fee Schedule
Page 1 of 1, Last Updated: 09.28.2018
Appendix C
Purchasing bivision, Room 306
CITY OF 113 W. Mountain -Street
FAY E T T E V I L L E Fayetteville, AR 72701
ARKANSAS Phone: 479-575-8220
TDD (Telecommunication Device for the Deaf): 479.521.1316
REQUEST FOR QUALIFICATION: RFQ 18-11, Construction Manager Services for Cultural Arts Corridor
DEADLINE: Tuesday, August 07, 2018 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: 7/16/18, 7/17/18, and 7/18/18
REQUEST FOR STATEMENT OF QUALIFICATION
RFQ 18-11, Construction Manager Services for Cultural Arts Corridor
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 the 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:
City of Fayetteville, AR
RFQ 18-11, Construction Manager Services for Cultural Arts Corridor
Page 1 of 24
Title:
Phone:
State: Zip:
Date:
City of Fayetteville
RFQ 18-11, C Services for Cultural Arts Corridor
Advertisement
City of Fayetteville, Arkansas
Request for Statements of Qualification
RFQ 18-11, Construction Manager Services for Cultural Arts Corridor
The City of Fayetteville 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 public plaza,
trail, parkland and streetscape construction projects for the City of Fayetteville Cultural Arts Corridor.
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 Tuesday August 07, 2018 before 2:00:00 PM, local time.
Forms & addendums can be downloaded from the City's web site at http://fayetteville-ar.pav/bids. All questions
regarding the process should be directed to Les McGaugh at ImcgaughWayetteville-ar.gov or (479)575-82.
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.
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.
City of Fayetteville, AR
RFQ 18-11, Construction Manager Services for Cultural Arts Corridor
Page 2 of 24
The City of Fayetteville reserves the right to reject any or all proposals and to waive irregularities therein, and all
Proposers shall agree that such rejection shall be without liability on the part of the City of Fayetteville for any damage or
claim brought by any Proposer because of such rejections, nor shall the Proposers seek any recourse of any kind against
the City of Fayetteville because of such rejections. The filing of any Proposal in response to this invitation shall constitute
an agreement of the Proposer to these conditions.
CITY OF FAYETTEVILLE, ARKANSAS
By: Les McGaugh
Title: Purchasing Agent
Ad dates:07/16/18, 07/17/18 and 07/18/18
City of Fayetteville, AR
RFQ 18-11, Construction Manager Services for Cultural Arts Corridor
Page 3 of 24
City of Fayetteville
RFQ 18-11, CM Services for Cultural Arts Corridor
Table of Contents
SECTION:
PAGE NUMBER
Cover Page
01
Advertisement
02
SECTION A: General Terms & Conditions
04
SECTION B: Special Terms & Conditions
11
SECTION C: Vendor References
12
.... _..................
SECTION D: Signature Submittal
13
SECTION E: Project Summary and Scope of Work
16
City of Fayetteville, AR
RFQ 18-11, Construction Manager Services for Cultural Arts Corridor
Page 4 of 24
City of Fayetteville
RFQ 18-11, CM Services for Cultural Arts Corridor
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 document 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 eleven (11) identical paper copies of their statement of qualification 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.
j. 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:
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 -
City of Fayetteville, AR
RFQ 18-11, Construction Manager Services for Cultural Arts Corridor
Page 5 of 24
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.
5. 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 INTEREST:
a. The Proposer represents that it presently has no interest and shall acquire no interest, either direct or indirect,
which would conflict in any manner with the performance or services required hereunder, as provided in City of
Fayetteville Code Section 34.26 titled "Limited Authority of City Employee to Provide Services to the City".
b. The Proposer shall promptly notify 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
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:
City of Fayetteville, AR
RFQ 18-11, Construction Manager Services for Cultural Arts Corridor
Page 6 of 24
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 RE UIREMENTS:
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.
b. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority
and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City
of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small,
minority and women business enterprises.
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 1URISDICITON:
a. The City of Fayetteville reserves the privilege of auditing a vendor's records as such records relate to purchases
between the City and said vendor.
b. Freedom of Information Act: City contracts and documents prepared while performing City contractual work are
subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the
City of Fayetteville, the (Contractor) will do everything possible to provide the documents in a prompt and timely
manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally
authorized photocopying costs pursuant to the FOIA may be assessed for this compliance.
c. Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law applying to the case.
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:
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:
City of Fayetteville, AR
RFQ 18-11, Construction Manager Services for Cultural Arts Corridor
Page 7 of 24
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. PAYMENTS AND INVOICING:
The Proposer must specify in their proposal the exact company name and address which must be the same as
invoices submitted for payment as a result of award of this RFQ. Further, the successful Proposer is responsible for
immediately notifying the 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 Proposer's 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 AND/OR 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.
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
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.
City of Fayetteville, AR
RFQ 18-11, Construction Manager Services for Cultural Arts Corridor
Page 8 of 24
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 City of Fayetteville for approval and
signature of the Mayor.
22. INTEGRITY OF STATEMENT OF_QUA_L_I_F_ICATION (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/proposer'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.
b. The City reserves the right to request any additional information it deems necessary from any or all Proposers
after the submission deadline.
c. The request for statement of qualification is not to be construed as an offer, a contract, or a commitment of any
kind; nor does it commit the city to pay for any costs incurred by Proposer in preparation. It shall be clearly
understood that any costs incurred by the Proposer in responding to this request for statements of qualification is
at the Proposer's own risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for
reimbursement to the Proposer for any expense so incurred, regardless of whether or not the proposal is
accepted.
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(Imcgaugh@fayetteville-ar.goov,). 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
City of Fayetteville, AR
RFQ 18-11, Construction Manager Services for Cultural Arts Corridor
Page 9 of 24
goods to be provided. We encourage all interested parties to ask questions to enable all Proposers to be on equal
terms.
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
RFQ's 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:
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 as an additional insured and not be required
unless firm is awarded a contract. Certificate of insurance shall be provided within 10 (ten) calendar days after
contract award.
i. Professional Liability Insurance, inclusive of errors and omissions: Minimum $5 million
ii. Worker's Compensation: Statutory amount
iii. General Automotive Insurance as required by state law
27. SELECTION CRITERIA:
The evaluation criterion below defines the factors which will be used by the selection committee to evaluate and
score responsive, responsible and qualified proposals. The evaluation factors are as follows:
City of Fayetteville, AR
RFQ 18-11, Construction Manager Services for Cultural Arts Corridor
Page 10 of 24
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 gualification. 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 18-11, Construction Manager Services for Cultural Arts Corridor
Page 11 of 24
City of Fayetteville
RFQ 18-11, CM Services for Cultural Arts Corridor
SECTION B: Special Terms & Conditions
1. Grant Background:
a. On December 05, 2017, the Fayetteville City Council passed a resolution (Resolution 258-17)
expressing thanks and to the Walton Family Foundation and to authorize Mayor Jordan to accept
a design excellence program grant from the Walton Family Foundation to fund the design of an
interactive outdoor cultural arts corridor along the Razorback Regional Greenway.
b. Resolution 258-17 also authorized the City to issue a Request for Qualifications for construction
manager services.
c. Resolution 138-18 approved a contract with Nelson Byrd Woltz, LLC for professional landscape
architecture and engineering services associated for the design of the cultural arts corridor.
City of Fayetteville, AR
RFQ 18-11, Construction Manager Services for Cultural Arts Corridor
Page 12 of 24
City of Fayetteville
RFQ 18-11, CM Services for Cultural Arts Corridor
SECTION C: 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 THAT YOU HAVE PREVIOUSLY PERFORMED CONTRACT SERVICES FOR WITHIN THE PAST FIVE (5)
YEARS (All fields must be completedl.
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 18-11, Construction Manager Services for Cultural Arts Corridor
Page 13 of 24
City of Fayetteville
RFQ 18-11, CM Services for Cultural Arts Corridor
SECTION D: Signature Submittal
1. Disclosure Information
Proposer must disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any
relationship with any City of Fayetteville employee. Proposer response must disclose if a known relationship exists
between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville
official.
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 submit to the City a primary contact name, e-
mail address, and phone number (preferably a cell phone number) where the City selection committee can call for
clarification or interview via telephone.
Name of Firm:
Name of Primary Contact:
Title of Primary Contact:
Phone#1 (cell preferred):
E -Mail Address:
Phone#2:
City of Fayetteville, AR
RFQ 18-11, Construction Manager Services for Cultural Arts Corridor
Page 14 of 24
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
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 also agrees if the following subcontracts are approved, Proposer shall not enter into contracts with
others for these divisions of the work without prior written approval from the City of Fayetteville. Proposer shall attach
additional pages if necessary.
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 18-11, Construction Manager Services for Cultural Arts Corridor
Page 15 of 24
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 18-11, Construction Manager Services for Cultural Arts Corridor
Page 16 of 24
City of Fayetteville
RFQ 18-11, CM Services for Cultural Arts Corridor
SECTION E: PROJECT SUMMARY AND SCOPE OF WORK
The City of Fayetteville is accepting statements of qualifications from licensed professionals to provide
construction management at risk (CMAR) services as a construction management for various parkland,
plaza, trail and streetscape improvements in the City of Fayetteville's Cultural Arts Corridor (CAC) along
the Razorback Regional Greenway in downtown Fayetteville. The CAC is envisioned as a series of
interactive outdoor landscapes located along and adjacent to the Razorback Regional Greenway. The
corridor is anchored by the Fayetteville Public Library and Fay Jones Parkland on the south, and the
Walton Arts Center and Dickson Street Entertainment District to the north. Many of the City's major arts
and entertainment destinations are located along the Razorback Regional Greenway within this corridor;
the Walton Arts Center, Theater Squared, the Nadine Baum Studios, and the Fayetteville Public Library.
The City envisions the CAC area as a multi -block corridor that has an overall cohesive context while also
providing a variety of landscaped, destination and point of interest that will enhance an enrich the
experiences of residents and visitors alike.
II. The City of Fayetteville has selected Nelson, Byrd, Woltz Landscape Architects (NBW) to serve as the lead
design professional for this project.
III.The CMAR will assist Nelson, Byrd, Woltz and City staff with cost estimating throughout the schematic
design, design development and construction document phases of this project. The City of Fayetteville is
interested in SITES certification for portions of this project. The selected proposer should demonstrate a
working knowledge of the SITES Rating System requirements, and the ability of their firm to document
and track SITES performance criteria throughout the design and construction process.
IV. Phasing and award: One contract will be awarded with multiple phases. The City anticipates entering
into a change order agreement for a negotiated Guaranteed Maximum Price (GMP) for construction
of various landscape elements contingent upon passage of the Bond Referendum and formal
approval from the Fayetteville City Council. Funding for the construction of the various landscape
elements will be contingent upon the passage of a bond issues in the Spring of 2019. Some
landscape elements may also be funded through Capital Improvement Project funding as necessary.
B). PROJECT INFORMATION & REQUIREMENTS
Request for Qualifications (RFQ) responses shall be submitted from one single primary construction
manager firm with each additional contracted third party as a subcontractor to the primary. The primary
firm in addition to any contracted third party shall be disclosed with the RFQ response and be considered
the project team for the overall construction scope of the project. This requirement to provide sub -
consultant professionals does not include subcontractor trades for the actual construction items as those
items will be bid by the CMAR after contract award.
City of Fayetteville, AR
RFQ 18-11, Construction Manager Services for Cultural Arts Corridor
Page 17 of 24
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 to
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 a wide variety of landscape elements
such as; urban plaza's, multi -use paved trails, sidewalks and streetscapes, low impact storm water
infrastructure, streambank restoration, natural parklands and open spaces. Respondents to this RFQ
shall submit at least three (3) similar type projects within the past 10 years that demonstrates the
responder's knowledge and experience in the construction of the types of open spaces noted above.
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 demonstrate a working knowledge and/or successful proven
experience and available certifications from the USGBC in constructing SITE Certified open space
projects. This firm shall be disclosed with RFQ response.
Q. 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 Nelson, Byrd, Woltz is critical for all phases. Selected Primary firm shall coordinate
with Nelson, Byrd, Woltz to achieve best value for the overall success of the project, including working
to achieve maximum cost savings.
II. Provide construction management cost estimation during schematic design, design development,
construction document, bidding, and construction administration process.
a. Schematic Design Phase.
L The CMAR shall assist the Nelson, Byrd, Woltz team by providing industry standard
construction manager services, including but not limited to: development of cost
estimates, identifying potential design changes which could result in cost savings or
enhanced ecological performance, interact with the design team for review of
documents, etc.
ii. Coordinate with Nelson, Byrd, Woltz to prepare and submit schematic design document
sets, preliminary specifications and schematic cost estimates and schedule to the City
Design Team. (15% plan review).
1. After receiving schematic design comments, meet with applicable City Divisions to
resolve comments.
2. Assist the Nelson, Byrd, Woltz architectural team in responding in writing to all
City comments on plans.
3. Assist the Nelson, Byrd, Woltz team in coordinating with city -owned utilities,
private utilities, and service providers.
City of Fayetteville, AR
RFQ 18-11, Construction Manager Services for Cultural Arts Corridor
Page 18 of 24
b. Design Development Phase.
i. Assist Nelson, Byrd, Woltz team to define and develop all trade bid packages. Those
packages shall be reviewed and approved by the City of Fayetteville prior to being
released for the bidding process.
ii. Coordinate with Nelson, Byrd, Woltz to prepare and submit Design Development
Document sets to City staff including detailed specifications, detailed cost estimates and
phasing plan to City staff for review and approval. (50% plan review). These sets of
Design Development Documents should be specific to the four landscape elements
identified in this project: West Ave. Plaza, Fay Jones Parkland and Tanglewood Branch,
Razorback Regional Greenway Trail and streetscape improvements. Components to
include:
1. Site plans, plazas, street and trail cross-sections, pedestrian, bicycle and traffic
circulation, utility locations, stormwater infrastructure, street and trail lighting,
and signage or wayfinding,
2. Elevations, renderings, materials palette, plant material palette, street cross-
sections and details,
3. Low impact development stormwater infrastructure, and
4. Streambank restoration plans.
iii. Assist Nelson, Byrd, Woltz in responding in writing to all City Design Team comments on
plans.
iv. Facilitate with the Nelson, Byrd, Woltz team and City staff in conducting cost -benefit
analyses to understand construction costs, life -cycle cost impacts and long-term
maintenance costs.
c. Construction Documents Phase
i. Assist Nelson, Byrd, Woltz in completing Construction Documents/Plans and
Specifications. Nelson, Byrd, Woltz will submit construction document sets to City staff
and the Construction Manager, and electronic versions as necessary, for review, cost
analysis and approval. (90% plan review).
ii. Attend follow up meetings with City staff.
iii. Assist Nelson, Byrd, Woltz in correcting plans to reflect issues noted by City staff,
inclusive of any necessary redesign prompted from the permit process.
iv. Construction Documents/Plans, Specifications and Project Drawings shall be routed
through the City of Fayetteville Development Services, Planning, Engineering, Building
Safety, Parks and Recreation, Fire Marshal, and Urban Forestry for required approvals.
d. 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.
ii. The City of Fayetteville Purchasing Division shall be responsible for the following:
1. Oversee and manage the bidding process.
2. Serve as the primary contact between interested parties during the bidding
process.
3. Coordinate with the design team (NBW and CMAR) for addendum related
clarifications and questions
4. Shall distribute all documents as they are requested by interested
parties/vendors.
City of Fayetteville, AR
RFQ 18-11, Construction Manager Services for Cultural Arts Corridor
Page 19 of 24
5. Shall maintain a listing of plan holders and make such information available to all
interested parties.
6. Manage all advertising efforts as required per State law
7. Provide ownership and distribution of all bidding documents
8. Manage the bid opening and scanning of bid responses.
iii. CMAR shall provide electronic bid sets (project manual and stamped drawings) to the City
Design Team and the City of Fayetteville Purchasing Division.
iv. The City of Fayetteville Purchasing Divison shall provide distribution of plans to all
interested parties. The City of Fayetteville Purchasing Division shall:
1. Maintain open communication with the 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.
v. Coordinate with City Purchasing Division during pre-bid meeting, facilitate and attend the
Bid Opening.
vi. Maintain open communication with the City Purchasing Division during any process
involving Request for Information (RFI).
vii. Any addenda shall be issued from the Purchasing Division after review and approval in
advance of issuance. Bidders, interested parties, and plan holders shall receive all
information included in addenda at the time addenda is issued.
viii. 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 to the City of Fayetteville Purchasing Division.
ix. 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.
x. Assist with the design of all Bid Proposals.
xi. 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, and
6. Meet with the City to provide a formal written recommendation of award.
xii. Attend City Council meeting(s) for the recommendation for award of Contract(s) for
Construction.
e. 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 update meetings as jointly
determined by the City and Nelson, Byrd, Woltz and contracted construction companies.
City of Fayetteville, AR
RFQ 18-11, Construction Manager Services for Cultural Arts Corridor
Page 20 of 24
iii. Coordinate with City and Nelson, Byrd, Woltz on all Request for Change Proposals,
Change Orders, etc. including maintaining a log of all such documents.
iv. The City intends to provide regular construction administration services. Nelson, Byrd,
Woltz will provide field services, progress meetings, and progress payment review and
assistance on a bi-monthly basis.
v. Review site visit report from the Nelson, Byrd, Woltz and the City of Fayetteville staff
team at least one (1) time per month.
vi. Coordinate with Nelson, Byrd, Woltz to conduct Substantial Completion Inspection,
coordinate with architect to create punch list, substantiate that items noted are
completed, and issue Substantial Completion Certificate.
vii. The City of Fayetteville staff team shall be notified to attend all on-site meetings, review
and approve all pay requests, and change order review prior to Mayor's approval.
f. Project Close Out
i. Provide Warranty Services during the entire Warranty Period. Nelson, Byrd, Woltz to
issue Warranty Reports and review items after the CMAR has notified the City that these
items are complete.
ii. Provide support services as needed during the project close out process.
iii. Provide close out submittal to Nelson, Byrd, Woltz for completeness before transmitting
to the City 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
approval at the completion of each contract phase.
I•��J:�.7����r.1►n���.i►►r.���r�:nrlr�r.�i►r► � . � ► ►
1. Professional Services:
a. Any entity responding to this RFQ shall be a current licensed contractor with the State of
Arkansas Contractor's Licensing Board prior to submittal deadline. 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 RFQ response. Cost sharing practice shall be
presented in the format of a general best practices approach and contract terms and shall not
include pricing related figures. 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
City of Fayetteville, AR
RFQ 18-11, Construction Manager Services for Cultural Arts Corridor
Page 21 of 24
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 inc.lude..pri�e.
d. Estimating
e. Performance and payment bonding. After a contract has been awarded to the selected CMAR
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 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.
f. After contract award, the awarded CMAR shall furnish a certificate of insurance showing that
insurance policies are carried in amounts acceptable to the City. Forms of insurance shall be,
Comprehensive General Liability, Builder's Risk, Property Damage Insurance, Worker's
Compensation, and Automobile coverage. Such insurance shall be kept in full force and in effect
until all work has been satisfactorily completed and accepted. All certificates of insurance shall
list the City of Fayetteville as an additional insured. The City of Fayetteville reserves the right to
bind builder's risk insurance for this project in the event it results in a cost savings to the City.
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 18-11.
b. Table of Contents: Include a clear identification of the material by section and by page number.
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 Organization: Provide an organizational chart indicating the relationship between
the Submitter's staff members who have responsibilities related to this project. Indicate on the
City of Fayetteville, AR
RFQ 18-11, Construction Manager Services for Cultural Arts Corridor
Page 22 of 24
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 18-11, Construction Manager Services for Cultural Arts Corridor
Page 23 of 24
E), ANTICIPATED PROJECT TIMELINE:
All interested parties are advised per City Policy, all contact between interested parties and the City 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.
1. Timeline
Deliverable and Responsible Party
Completion Date
The City will advertise the Request for Qualification (RFQ) process
July 161h,17tH and
18th, 2018
Deadline for firms to submit RFQ responses to the City
August 07, 2018
The City's Selection Committee will review and evaluate statements of qualifications.
August 14, 2018
Qualified firms will be shortlisted and the selected firms will be scheduled with on-site
interviews.
The City's Selection Committee intends to select a Construction Manager firm and
August 24, 2018
negotiate a contract.
September 18, 2018
The Fayetteville City Council will consider approval of a contract with the selected firm.
NBW will hold a public meeting to gather community input on parkland and trail design
August 16, 2018
_components, locations, etc.
Completion of Schematic Design Phase
December 31, 2018
Completion of the Design Development Phase
March 15, 2019
The selected firm will deliver the final construction pans, construction package and
June 30, 2019
updated cost estimates.
Final site and construction plans presented and approved by the Fayetteville Planning
August 31, 2019
Commission (and/or other City boards/committees)
Final site and construction plans presented and approved by the Fayetteville City Council.
October 31, 2019
The City Council will also determine the components of the parkland designs that may be
funded through Capital Improvement Plan budgets, Trail Funding or voter approved
infrastructure bond funding.
The City Council set a date for an infrastructure bond issue.
July 31, 2019
The City will open the bidding process with CMAR for subcontractor packages to build
January 01, 2020
the parkland and trail elements that have be identified and approved for funding.
CMAR Guaranteed Maximum Price will be presented to City Council for approval as a
February 2020
Change Order.
The City will begin construction.
March 31, 2020
The park and trail design elements that were fully funded will be completed according to
December 31, 2021
the approved design.
City of Fayetteville, AR
RFQ 18-11, Construction Manager Services for Cultural Arts Corridor
Page 24 of 24
WOUGMY-M
Til WIT,
THE NABHOLZ WAY IS SIMPLE.
Nabholz has been a regional construction leader for
69 years. And while those 69 years have been full of
big ideas and steep learning curves, we've learned
the best lessons are often the most simple ones.
That's why we've narrowed our purpose to a simple
statement. Growing our people, serving our clients,
building our communities it's the Nabholz way.
F: roan the CEO's office to thle project ste, we're
committed to living our purpose statement. We see it
as the quickest route to being the best contractor and
the best kind of business to do business with, and this
in turn helps our clients be their best.
Like we said, the Nabholz Way is simple.
We prioritize serving our clients with integrity, keeping
our people engaged and safe, and supporting our
cornrn�_n'ii`ie: abo•.-c all else. `�/ c, fire_ c,. ryt iiiy =,1<,e,
falls into place.;
r CITY OF
FAYETTEVILLE
ARKANSAS
Purchasing Division; Room 306
113 W. Mountain Street
Fayetteville, AR, 72701
Phone: 479-575-8220
TDD.(Telecommunication Device for the Deaf): 479.521:1316
REQUEST FOR QUALIFICATION: RFQ 18-11, Construction Manager Services for Cultural Arts Corridor
DEADLINE: Tuesday, August 070 2018, prior to 2:00.00 PM, local time
DELIVERY LOCATION: Room 306 =113 W. Mountain, Fayetteville, AR 72701
PURCHASING AGENT Les McGaugh, I mcau h 1-a etteville-a . ov
DATE OF ISSUEAND ADVERTISEMENT: 7/16/18,. 7/17/18, and 1/18/18
REQUEST FOR STATEMENT:OF QUALIFICATION
RFQ 18-11 Construction Manager Services for Cultural Arts Corridor
No late gualifications will be accepted. R.FQ`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 al e.attached City o.f'Fayetteville specifications and RFQdocuments
attached hereto_ :Each Proposer is required: to ;fill in every blarik and shall supply. :all information requested;
failure to do so maybe used as basis .dreject io 1,
'Submittals shall. be submitted 6,sealed enyelopes labeled_with.the solicitafion number, solicitation name, and"the name
and address of the firm:
The undersigned: hereby offers to furnfsh & deliverthe articles. or services as;specified,attheprices &,termsstated herein; and in
strict accordance with the specifications and.general conditions of submitting, atl of which.are made a part of thisoffer This, offer- is.
not subject to withdrawal unless upon mutual•rtiritten:agreerrieritby theTtoposer/Bidder and City Purchasing Manager.
Name of Firm:
Nabholz Construction
Contact Person:
Nick Nabholz
E -Mail: nick.n abhol z@nabhol z,com
Business Address:
P.0, Box 277
Tile: Business Development
479,-425-6426,
Phone:
City.:
Rogers State' Arkansas
Signature: t• i Date:
City of Fayetteville, AR
RFQ 18-11, Construction Manager Services for Cultural Arts.Corridor
Page 1 of 24
817118
Zip:
72756
City of Fayetteville
RFQ 18-11, CM Services for Cultural Arts Corridor
SECTION C: Vendor References
The following information is required from -all firms so,all.statements ofqualification . maybe reviewed and properlyevaJuated:.
COMPANY NAME: Nabholz Construction,
NUMBER O.FYEARS.IN BUSINESS: 69
HOW LONG IN PRESENTLOCATION:'.69
TOTAL NUMBER OF CURRENT EMPLOYEES: 1,172 FULLTIME
PART TI M E
NUMBER OF EMPLOYEES PLANNED FOR THIS CONTRACT:
1 _ FULLTIME PARTTIME
PLEASE LIST FOUR (4) REFERENCES THAT YOU HAVE PREVIOUSLY PERFORMER CONTRACT SERVICES FOR WITHIN THE PAST FIVE (5)
YEARS tAll fields must be Forn leted
1 City of Rogers
�. B: Hunt Transportation Services
COMPANY NAME
COMPANY NAME
Rogers, AR 72756.
lAwell, AR
CIN, STATE, ZIP
CITY, STATE, ZIP
David Hook
Brad Jester
C O NTACT P ER50N
CONTACT PERSON
479-621-1185
479-820-8120
TELEPHONE
TELEPHONE
NA
IVA
FAX NUMBER
t+AX NUMBER'
dhook' eogersar.goo
i3red_Jester@jbhunt:com
C -MAIL A DDRESS
E -MAIL -ADDRESS
:City of Bella Vista
Scott Family Amazeum
COMPANY NAME
COMPANY NAME
Bella Vista, AR
Bentonville, AR 72712
CITY, STATE, ZIP
CITY, STATE, ZIP
Mayor Peter Christie
Sam Dears
CONTACT PERSON
CONTACT PERSON
479-876-1255
479-695-9280
TELEPHONE
TELEPHONE
479-87.6-1734
NA
FAX NUMBER
FAX NUMBER
pchristie@bellavistaar.gov
sdean0amazeum
E-MAILADDRESS
E-MAILADDRESS
City of Fayetteville, AR
RFQ 18-11, Construction Manager Servicesfor Cultural Arts Corridor
.Page 13 of 24
City of Fayetteville
RFQ 18-11, CM Services for Cultural Arts Corridor
SECTION D: Signature Submittal
1. Disclosure Information
Proposer must disclose any possible conflict of interest with, the City of Fayetteville; including; but not limited to, any
relationship. with any City of Fayetteville employee. Proposer ,response must disclose :if a known relationship exists
between any principal or employee of :your firm and: any City of Fayetteville employee or elected City of Fayetteville
official:
If, to your knowledge, no relationship exists; this should alscd be stated in your. response, Failure to: disclose such a
relationship may result in cancellation of .a purEhase and/or. contract as: a result of your response:: This fbrrtf must be
completed and returned in order for your bid/proposal to be eligible fo.rconsideration.
PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRIATELY APPLIES TO YOUR FIRM::
X
1). NO KNOWN RELATIONSHIP EXISTS
2) RELATIONSHIP EXI5T5 (Please expla:i'r>
I certify that; as an officer ofthis organization, or"per the attached Letter of authorization, am duly authorized to certify
the information provided herein are accurate and`true a'nd my organization shall comply with all State and Federal
Equal Opportunity and Non .biscrimination requirements and conditions of`employment.
2. Additional Information
At
the discretion of the City,`one or more firms.may be -asked for,more ei.etailed information before final ranking of the
farms, :wh.ich may also,include.oral: interviews. NOTE: Each Proposer 5hallsubmit to theZity a primarycontact lame, e-
mail address, and phone number (preferably:,a cell phorie:number): where the City selection committee;can call for
clarification or interview via telephone.
Nabholz Construction
Name of Firm:
Name of Primary Contact:
Title of Primary Contact:
Phone#1 (cell preferred):
E=Mail Address:
Nick Nabholz
Business -:Development Officer
479=426-6426
nick, nabholz.@ nabholz.com
Phone#2:
City, of Fayetteville, AR
RFQ 18-11, Construction Manager Services for Cultural Arts Corridor
Page 14 of 24
479-659-7844
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
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 subjeet vendor to disqualification:
ADDENDUM NO.
SIGNATURE AND:PRINTED:NAME
DATE ACKNOWLEDGED
N/A
Nick Nabholz
8C//18
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 signingthis form.
Federal Executive Order (EO.) 12549 "Debarment arid.: 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, .d:eclared ineligUe, or voluntarily excluded by any Federal: department.or agency
fr`om 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 ANDTEAM INFORMATION:
!Proposer, hereby; certifies that proposals from the:follawingconsultants,,were used in :the preparation of this statementof
qualification: Proposer also agrees if the following subcontracts are approved,, Proposer shall not enter'into. contracts with
others for these divisions of the work without prior written approval from the Clay of Fayetteville,: Proposer sh.aJl attach
additional pages if necessary,
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 18-11, Construction Manager Services for Cultural Arts.Corridor
Page 15 of 24
Questions:regarding this farm should be directed to the:Cit of Fayetteville P.urchasingDivision-
Nick. Nabholz
NAME:
Nabholz Construction
COM PAN Y:
3301 N'2nd°Street; Roge,rs,. AR' 72756
PWY5ICAL ADDRESS:
MAILI,N.G ADDRESS: P;O. Box 277, Rogem -AR 72755
71-0272097
TAX 1 D #,
479-425-5425
PHONE:
nick. nabho lzQ nabhol z: corn
E-MAIL:
:Signed by':
SIGNATURE:
Nick abholz
PRINTED NAME
TITLE: Business Development Officer
7(1118
DATE:
City of Fayetteville; AR
RFQ 18-11, Construction Manager Services for Cultural Ar-ts.Corridor
Page 16 of 24
W-635.9277
DUNS#:
FAX:
479-536-3550
NABHOLZ / ENTEGRITY FOR THE CITY OF FAYETTEVILLE
41�,Q
TAB CONTENT
PAGE
LETTER OF INTEREST
1
—
EXECUTIVE SUMMARY
1
2 PROJECT TEAM ORGANIZATION
4
SPECIALIZED &
3
PAST EXPERIENCE
10
-
4 SCHEDULE
25:;`i;
5 ADDITIONAL ITEMS
26
s
RECORDS OF SIMILAR
6 GMP PROJECTS
28
PRECONSTRUCTION SERVICES
29
7
BIM INFORMATION
30
7.
PREVIOUS SIMILAR PROJECTS8
31
4•
WITH REFERENCES
WORKLOAD; BONDING;
9
32
LICENSURE
� '•rte "�y.•
PROJECT CONFIDENTIAL
. .
Property of Nabholz Construction Corporation — Not for duplication or distribution
The infornanon contained herein, is considered confidentia; and
proprietary and is being
provided by Nabholz con;}; ucrion Se. rvicesspecifically for the prpiect
noted and r.':e rycfusive
use of the in.. diviryuai or Nntl !hat requested it. Any dupfication. re -transmission or modfflc a non
of any of the information is strictly prohibited without the written authorization of Nabholz
Construction Services.
NABHOLZ / ENTEGRITY FOR THE CITY OF FAYETTEVILLE
r.
��►tea�irr
ento g t ty
August 7, 2018
Dear Mr. McGaugh and Selection Committee,
en erg y.integrity.
Nabholz / Entegrity Energy Partners is pleased to submit our proposal to provide
Construction Manager General Contractor services for the City of Fayetteville's
Cultural Arts Corridor. We recognize that this is not only an important project for
the City of Fayetteville, but this is also an important project for Nabholz / Entegrity.
The success of your project will be driven by expertise and the collaboration of
all stakeholders from preconstruction through project completion to ensure your
project is delivered on time and on budget. As you review our information, I hope
you will see we are prepared to bring to this project our very best, both in people
and in our approach. I sincerely believe that our team possess a combination
of attributes that allow us to provide the total package of services required to
successfully complete this project.
>>> Sustainability - Nabholz has added Arkansas' leading sustainability
consultant, Entegrity Energy Partners, to our team for the Cultural Arts Corridor
Project. Entegrity has been involved with over 200 LEED certified projects,
many of which were constructed by Nabholz. We share the same goals and
objectives as the city and have a proven relationship spanning over dozens of
projects. Through the integration of SITES principles and certification, Entegrity
can provide the insight required to create a living space that improves lives,
communities and businesses. SITES uses a concise framework to implement
practical and measurable sustainable land design, construction, operation and
maintenance of spaces. Reducing the overall impact of development, conserving
water, energy and other natural resources while increasing biodiversity and
creating spaces people want to spend time in is measured and verified by
using SITES principles. Integrated design processes and quality communication
among the project team are at the core of SITES design and construction
implementation. Through effective multi -discipline brainstorming during early
design and long-term communication throughout the project, Entegrity helps
the project team to keep sustainability as a primary focus for their project.
Entegrity's team is currently working to achieve sustainability goals and LEED
certification on several projects such as the University of Arkansas Stadium
Drive Residence Hall, the University of Arkansas Art + Design District, and
Uptown Fayetteville
>>> Certainty of Cost and Schedule - "No surprises" is our guiding principle.
Our preconstruction team's sole responsibility is to work with our clients during
the development phase to provide detailed scope narratives and cost estimates,
allowing our clients to proceed confidently knowing that potential challenges
have been identified before construction even begins. Our deep history in
Northwest Arkansas means better pricing from the local subcontracting
community because they know we always pay on time and treat all partners
fairly. We will also solicit pricing from regional and national subcontracting
partners to ensure the City receives the best pricing possible. You can be
assured your project will remain on budget, on schedule, and delivered at the
highest level of quality.
�NiEGR1TY
1
■
1-Y egfl y
energy.integrity.
>>> Local Presence and Stability - Quite frankly, this project means more to
us because it is right in our backyard. We have had a presence in Northwest
Arkansas for more than 40 years and are fully committed to this area. In 1990
we established our Midwest Operations headquarters here and currently employ
over 400 construction professionals. In addition, Fayetteville is home to many
members of the Nabholz family including our proposed senior project manager
John Strack. Our local team is only minutes from the project site, ready to serve
at a moment's notice. Our firm is managed using fiscally conservative principles,
meaning that we have the financial strength to complete this project and we
will be here well after your project is completed, ready to provide 24/7/365
response if needed.
>>> Personal Service and Communication - Some of the greatest success
factors for this project are open lines of communication and a deep personal
commitment to the City staff and thousands of patrons visiting each year. The
specialized experience of our team, specifically regarding parks, trails, and quality
of life projects, is a significant advantage to the city. Over our 69 years we have
successfully managed many high-profile public and private projects throughout
Arkansas and the region. Our project management team will provide the
necessary attention to detail and personal service to ensure 100% satisfaction and
will work diligently on your behalf to maximize every dollar spent.
My grandfather and the founder of our company, Bob Nabholz, insisted that as long
as his name was associated with the Company, we would always relentlessly pursue
the highest level of integrity. However, the greatest predictor for success in any
type of project is trust. Our clients know that they can each trust us to do what we
say we will do and to be fully transparent and open.
In the pages that follow, I hope you will find sufficient examples of our passion for
working for the entire Cultural Arts Corridor Team. Our proposal, our approach to
staffing this project, and all other components of our submittal are negotiable and
open for discussion. Our desire is to complete the Cultural Arts Corridor project
with you while constructing the first USGBC SITES certified project in Arkansas;
truly a one of a kind opportunity. As always, please don't hesitate to call or email
if I can do anything for you. We ask for and look forward to the opportunity to sit
down and visit in person during the interview (479.426.6426 or nick.nabholz@
nabholz.com).
Sincerely,
L
Nick �hoNabh Itruction
MATURITY & STABILITY
Since 1949 Nabholz Construction Services has
been synonymous with integrity and quality in the
construction industry. The company was founded by
R.D. (Bob) Nabholz and began somewhat by accident.
Bob was building a house for his soon-to-be bride, in
Conway, Arkansas, when a man came along and made
an offer on the house which he accepted. Bob
took the profit and continued to
IN 69 YEARS build houses and then duplexes.
y OF BUSINESS, This led to commercial buildings
NABHOLZ REMAINS and the beginning of Nabholz
DEBT FREE AND Construction.
HAS NOT FILED
BANKRUPTCY OR Nabholz Construction Services
DEFAULTED ON A
CONTRACT. is a 69 -year old company which
was founded on conservative
business principles. As a result,
we enjoy a very stable financial position and are currently
debt -free. Our bonding rate is the lowest in this region,
which means that our clients pay less for performance
and payment bonds. While other companies have had to
curtail business or even cease to exist during the most
recent economic downturn, Nabholz is in a position to
complete a project of almost any size and also offer a full
line of professional construction services.
MARKET -LEADING EXPERIENCE & SERVICES
Nabholz Construction Services is the undisputed leader
as the provider of public -sector Construction Manager -
at -Risk services in Arkansas.
In just the past five years, we have worked for more than
55 state agencies, cities, colleges, universities and public
school districts in Arkansas — successfully completing
projects with a total value exceeding $670 million.
We are currently ranked by Engineering News -Record
(ENR) as the 107th largest Construction Management -
at -Risk firm in the United States.
In addition, Nabholz has completed or is currently
constructing a total of more than 3,000,000 square
feet of projects that have or will receive LEED®, Green
Globes, or SPiRiT certification. This level of experience
in certified facilities, our commitment to sustainable
construction practices, our 37 in-house LEED®
Accredited Professionals (AP), and our more than 98
Green Advantage' certified team members ensure
that every green building is a success. Internal training
programs and leadership in organizations that are
defining the future of the industry make Nabholz the
contractor of choice.
Experience and commitment counts when it comes
to sustainability. In 2004, we built the first Arkansas
building to earn the LEED" Gold certification, Winrock
International Headquarters. We also built the first
LEED° Gold school in Arkansas, King Elementary in
Van Buren. It is our goal to construct the 1st USGPC
SITE certified open -space project in Arkansas with
the City of Fayetteville. Over the years, we have built
1.5 million square feet of sustainable green space,
including our own offices.
CURRENT EMR UNMATCHED RESOURCE ARKANSAS -BASED FIRM
Nabholz is proud to have a EMR Nabholz is not merely a broker oo'. The Fayetteville Cultural Arts
of .53. This is significant because Construction services. With Over Corridor will be managed out of
we are not just a construction 1,000 employees company -wide" our NWA office, and Fayetteville
broker. We self perform more including over 400 in Northwest is home to many members of the
an 1 million man hours of Arkansas, we actually produce a lot Nabholz family. Our local team is
construction work each year of our work, including 2.06 million only minutes from the project site,
man hours in the previous year. i ready to serve at a moment's notice.
NABHOLZ / ENTEGRITY FOR THE CITY OF FAYETTEVILLE
We typically recycle 80 percent of construction debris
on our projects, with some as high as 93 percent. When
we built the Southwest Power Pool office in Little
Rock, we recycled 229 tons of construction debris! But
sustainability doesn't just happen on the job site. Our
equipment team found a way to recycle its old motor
oil, approximately 4,000 gallons per year, into clean -
burning fuel to heat the shop.
MINORITY PARTICIPATION
We commit to work with the City of Fayetteville to meet
any MBE/WBE participation goal that is desired. We will
meet that goal by proactively soliciting participation
of MBE/WBE firms early in the preconstruction
phase of this project. Additionally, we will utilize our
subcontractor/supplier database which lists over 2,000
subcontractors and suppliers to identify prospective
MBE/WBE participants. Nabholz Construction will also
comply with all applicable federal, state, and/or local
affirmative action requirements.
Our efforts have been recognized by the construction
community, and we have been honored for these
initiatives by receiving the Arkansas Minority & Women
Contractors Association's (AMWCA) 2009 Builders'
Award. Our efforts, along with our intentional focus to
provide opportunities to diverse subcontractors and
suppliers, has allowed us to achieve a current diversity
overall spend -rate of 16% in our construction services.
Additionally, 21% of our employees are minority
including 8% are women.
NOTABLE NORTHWEST
ARKANSAS STRUCTURES
Over the many decades in Northwest Arkansas,
Nabholz has produced many notable structures in the
region. These include, the Fayetteville Town Center, UA
Quad, UA Bogle Park, UA Law School, UA Champions
Hall, Fayetteville High School Transformation, Happy
Hollow Elementary, Butterfield Trail Elementary, The
City of Rogers Sports Park, NWACC Health Professions
Building, NWACC Student Center, JBU Performing
Arts Center, JBU Basketball Arena, The Northwest
Arkansas Children's Museum (Amazeum), and Crystal
Bridges Museum of American Art, ArcBest Corporate
WE TAKE GREAT PRIDE IN CREATING
BEAUTIFUL OUTDOOR GATHERING SPACES
CRYSTAL BRIDGES MUSEUM OF AMERICAN ART,
BENTONVILLE
THE SCOTT FAMILY AMAZEUM, BENTONVILLE
FAYETTEVILLE HIGH SCHOOL, FAYETTEVILLE
NABHOLZ / ENTEGRITY FOR THE CITY OF FAYETTEVILLE 1 2
Headquarters, Arkansas College of Osteopathic
Medicine, JB Hunt Corporate Office, Walmart's David
Glass Technology Center and Children's Hospital
Northwest.
INDUSTRY LEADING PRE CONSTRUCTION &
BUILDING INFORMATION MODELING (BIM)
Our Pre Construction team's sole responsibility is
to work with our clients during the development of
projects, providing detailed scope narratives and
cost estimates which allow our clients to proceed
confidently with challenging projects, knowing that
potential problems have been identified and accounted
for, before construction begins. Nabholz Construction
Services is the undisputed leader in this market in
the implementation and use of Building Information
Modeling (BIM). We have both the in-house human
resources as well as the software tools to create three-
dimensional virtual models of a proposed facility,
allowing the project owner to not only see how a
new facility will look once it is completed, but also to
identify potential design issues that could become
serious problems once construction begins.
LOCAL AND DIVERSE SUBCONTRACTORS
Our deep history in NWA means preferred pricing from
the local subcontracting community because they
know we always pay on time and treat all partners
fairly. While pursuing our subcontractors we will
include local and diverse subcontractors. We will tailor
our bid packages to allow smaller and local qualified
subcontractors to bid on the work, generating a lower
price for the City and allowing NWA tax payers to
participate. In fact, during construction at the Happy
Hollow elementary school, 90% of our subcontractors
were in 35 miles radius with the majority calling
Fayetteville home.
SELF -PERFORMANCE
At Nabholz, our 1,172 -member team prides itself on
being builders, not construction brokers. Simply put,
our self -perform capabilities save our clients' money,
keep the projects on or ahead of schedule, and makes
us more qualified to manage other subcontracting
trades. Our people have recent and relevant market
knowledge so we know what construction costs are
and how to accurately schedule construction activities.
OPEN BOOK POLICY
Our business philosophy of total transparency is a
natural fit for public projects. Complete documentation
of wage rates and public funds are accounted for at
all levels. You have the assurance that Nabholz will
perform every task, from beginning to completion, with
full transparency and integrity. Nabholz is committed to
providing support of all construction bookkeeping, so
that no burden will be incurred by the City in the way
of added duties for its personnel.
(9)
24/7/365 EMERGENCY SERVICE ,& REPAIRS
Nabholz Construction Services is not your typical
general contractor. We provide a broad range of services
to complete any size or type of building program,
eliminating your need to call multiple contractors.
Whether your project involves minor building
Improvements or complete interior and exterior
renovations. Nabholz can, and will, take care of ALL
your construction needs.
We provide service 24 hours a day, 365 days a
year, across a broad region with unmatched
response time. Our skilled Craftsmen are
trained to work around your campus with minimal
disruption to your ongoing operations.
NABHOLZ / ENTEGRITY FOR THE CITY OF FAYETTEVILLE 1 3
lux
NABHOLZ EXECUTIVE SUPPORT
YOUR PRECONSTRUCTION AND
CONSTRUCTION TEAM.
We will work side-by-side with you, the architect and all
project stakeholders. Your project is our priority.
STEVE CLOUTEN
President
PRECONSTRUCTION
r'
JASON VINES
Vice President of Preconstruction
ENTEG,RITY
KATIE BRESHEARS
Sustainability Consultant
ROB DQDD
Executive Vice President
CONSTRUCTION
JOHN STRACK
Senior Project Manager
LEE PORTER
Sustainability Consultant
t -j
DAN WILLCUTT
Superintendent
NABHOLZ / ENTEGRITY FOR THE CITY OF FAYETTEVILLE 1 4
NAMOLZ
JOHN STRACK
Senior Project Manager
John will be responsible for the overall management, coordination, and
administration of the project, from development throughout completion.
John will work collaboratively with the client's representatives, architects,
and other Nabholz personnel to develop and execute a management
plan that will result in a project completed on time, on budget, and with
the utmost quality.
PARTIAL PROJECT EXPERIENCE INCLUDES
Crystal Bridges Museum of American Art - Bentonville, AR
The Scott Family Amazeum - Bentonville, AR
University of Arkansas - Fayetteville, AR
Stadium Drive Residential Halls
NW Quad
Leflar Law School
ArcBest Corporate Headquarters - Fort Smith, AR
Fayetteville High School; Phase I - Fayetteville, AR
Scottsdale Center; Phase VI - Rogers, AR
Coffeyville Regional Medical Center - Coffeyville, KS
Northwest Arkansas Regional Airport
Passenger Walkway - Highfill, AR
Van Buren School District Elementary School - Van Buren, AR
NABHOLZ / ENTEGRITY FOR THE CITY OF FAYETTEVILLE
EDUCATION/
CERTIFICATIONS:
B.S. Construction
Management - University of
Arkansas - Little Rock, AR
LEED° 2. 0 Accredited -
U.S. Green Building Council
T
NA1012 I
DAN WI LLCUTT
Superintendent
Dan will be responsible for managing the overall onsite production
including scheduling and coordinating craftsmen, subcontractors,
EDUCATION/
construction equipment and material deliveries and storage for the
CERTIFICATIONS:
competition gymnasium. Dan will also be responsible for implementing
OSHA 30 Hour Construction
quality control, site safety and production risk management
Safety and Health
procedures, and assisting the project manager with schedule
Certificate
development and adherence.
First Aid / CPR Certificate
PARTIAL PROJECT EXPERIENCE INCLUDES:
J.B. Hunt Transportation - Lowell, AR
Corporate Office Building
IT Building
The City of Springdale, CL Charlie and Willie George Park
- Springdale, AR
4 baseball/softball fields
6 soccer fields
Football field
3 tennis courts
First Security Bank - Centerton, AR
ArcBest Corporate Offices - Fort Smith, AR
First Security Bank - Bentonville, AR
Bentonville School District - Bentonville, AR
Thomas Jefferson & Sugar Creek PE Gym
TREC Building
Prairie Grove High School - Prairie Grove, AR
NABHOLZ / ENTEGRITY FOR THE CITY OF FAYETTEVILLE
6
CPE, i_EED'
Vice Presi6
Jason and his team of estimating professionals will work in close
collaboration with The City of Fayetteville, the Architect and the Project
EDUCATION/
CERTIFICATIONS:
Manager to produce cost estimates throughout the preconstruction
phase to provide accurate information for timely decision-making.
Bachelor of Science
Jason will also be responsible for coordinating the efforts of our
Business Management &
preconstruction services team.
Marketing
Arkansas Tech University
PARTIAL PROJECT EXPERIENCE INCLUDES:
LEED° 2.0 Accredited - U.S.
Green Building Council
Rogers Sports Park - Rogers, AR
Certified Professional
The Scott Family Amazeum - Bentonville, AR
Estimator
University of Arkansas - Fayetteville, AR
Professional Associations:
Champions Hall
ASIDE, American Society of
Art & Design District
Professional Estimators
Stadium Drive Residential Halls
Pomfret Hall Addition
Associated Builders &
Contractors Member
Foster's Pint & Plate Restaurant - Rogers, AR
Bentonville School District - Bentonville, AR
DBIA, Design Build Institute
Bentonville High School Addition
of America Certification
Osage Creek Elementary School
Creekside Middle School
Prairie Grove High School - Prairie Grove, AR
Fayetteville High School - Fayetteville, AR
Athletic Renovations
Track & Field
Northwest Arkansas Community College - Siloam Springs, AR
Center For Health Professions
National Child Protection Training Center Remodel
Parking Garage
Student Center
John Brown University - Siloam Springs, AR
f
Care Clinic
Great Hall
North Slope Apartments
J. Alvin Brown Hall Renovation
Health Education Building
David Glass Technology Center, Vertical Expansion - Bentonville, AR
NABHOLZ / ENTEGRITY FOR THE CITY OF FAYETTEVILLE
7
entegrity
ens�g�W integrity
KATIE BRESHEARS
AIA, LEED AP BD+C
Sustainability Consultant
Prior to joining Entegrity as a Project Manager, Katie served as a
Project Architect for a firm in Rogers, Arkansas. Katie has worked on
EDUCATION/
CERTIFICATIONS;
variety of projects in the Northwest Arkansas comprised of a variety of
scales of development. Since obtaining LEED Accredited Professional
University of Arkansas,
credentials, Katie has been brought in as a consultant on a number
Fayetteville, AR
of projects in the area and has been asked to present to a number of
B.A. in Architecture
audiences on the benefits of LEED Certification.
LEED® Accredited
Professional Building
Katie has extensive experience in the field of sustainibility and has
Design + Construction
introduced best practices into a number of architectural offices. She
American Institute of
is co-author of a publication serving as a Low Impact Design design
Architects
manual for urban areas. She has served as the Project Architect on
several projects which received LEED Certification and, at Entegrtiy,
USGBC -Arkansas Chapter
Katie has served as the LEED Project Manager on many large-scale
USGBC - Northwest
projects in the fields of hospitality, military and collegiate facilities.
Arkansas Branch -Steering
Committee Member
As a Sustainability Project Manager, Katie is responsible for
Sustainable Northwest
successfully leading projects through design and construction
Arkansas
phases of LEED certification. This includes educating owners and
project teams about sustainability, coordinating with design teams
to document credits, and supporting construction teams through the
documentation of construction credits. Katie also brings her expertise
of EcoCharette techniques to projects promoting collaboration
between the design team.
PARTIAL PROJECT EXPERIENCE INCLUDES:
University of Arkansas Windgate Art and Design District -
Fayetteville, AR
The Red Barn - Sustainable Strategies and Goal Setting Charrette -
Bentonville, Arkansas
Cambria Hotel & Suites - Louisville, Kentucky
NABHOLZ / ENTEGRITY FOR THE CITY OF FAYETTEVILLE 1 8
ce.grity
............
en e!g1�.integrity.
LEE PORTER
AIA, LEED AP BD+C, ISA Certified Arborist
Sustainabi#ity Consultant
Prior to joining Entegrity as a Project Manager, Lee worked as an
Urban Forester in the Parks and Recreation Department for the City of
EDUCATION/
CERTIFICATIONS:
Fayetteville. Lee also served as a consult for a number of departments
within the City to ensure clients were prepared for construction and
University of Arkansas,
met a variety of sustainability codes. Lee worked to restructure
Fayetteville, AR
portions of the City's literature to increase landscape sustainability
B.A. in Landscape
as well as the promotion of active transportation. Lee was also
Architecture
responsible for reporting on the City's energy use to justify future
LEED' Accredited
energy efficiency improvements.
Professional Building Design
+ Construction
Her extensive work in the municipal field has given Lee a broad set of
American Institute of
skills enabling her to be of benefit to a variety of clients. Since joining
Architects
Entegrity, she has proven to be an asset to our clients throughout all
USGBC West Branch -
phases of their projects.
Co -Chair
As a Sustainability Project Manager, Lee's current responsibilities
Arkansas Urban Forestry
include managing a diverse portfolio of LEED, Net Zero Energy, and
Council -Board of Directors
Historic Register Nomination sustainability projects. Lee also assists
Urban/Southeast
with construction phase documentation, analyzing and responding to
Sustainability Directors
LEED review comments, and other tasks related to project closeout.
Network
PARTIAL PROJECT EXPERIENCE INCLUDES:
ASLA
University of Arkansas Library Storage Building - Fayetteville, AR
University of Arkansas Student Success Center - Fayetteville, AR
Tri Delta House - Fayetteville, AR
University of Arkansas Community College at Morrilton -
Morrilton, Arkansas
NABHOLZ / ENTEGRITY FOR THE CITY OF FAYETTEVILLE 1 9
UPTOWN FAYETTEVI LLE
Uptown Fayetteville Apartments features modern, green apartments,
restaurants, and shops in a walkable neighborhood. The residence consist
of one and two-bedroom apartments with built-in shelving and spiral stairs
leading to private rooftop decks.
This project borders a protected woodland and creek, and the community is
designed as an extension of the Razorback Greenway trail system.
This project received Low Rise - LEED Gold I LEED for Homes v2008 & Mid
Rise - LEED Silver I LEED for Homes v2010
tegrity
LOCATION:
Fayetteville, Arkansas
DESIGNER:
Modus Studio
Fayetteville, Arkansas
REFERENCE:
Jeremy Hudson
Specialized Real
Estate Group
479.501.5775
NABHOLZ / ENTEGRITY FOR THE CITY OF FAYETTEVILLE
ART & DESIGN
DISTRICT
This project will create space for the Department of Art alongside other
existing departments of the University of Arkansas. The renovation includes
existing warehouses that total around 11,000 square feet, the demolition of
another existing warehouse, and the construction of a new studio space for
the Department of Art within a building with a projected size of 29,000 square
feet of new classrooms, studios, and gallery space.*
This project received LEED Silver, LEED for New Construction v2009.
LOCATION[:
Fayetteville, Arkansas
CONTRACT AMOUNT:
$64.1 Million
DESIGNER:
Modus Studio
Fayetteville, Arkansas
REFERENCE:
Daniel Clairmont
Director, Engineering &
Construction
University of Arkansas -
Fayetteville
479.575.6192
NABHOLZ / ENTEGRITY FOR THE CITY OF FAYETTEVILLE
STADIUM DRIVE
RESIDENCE HALLS
The project is currently being designed to be constructed as an Advanced Timber
Technology structure, utilizing GluLam post -and -beam with Cross -Laminated
Timber (CLT) floor and roof panels. The facility is expected to receive LEED Silver
and LEED for New Construction v4. The upper floors will contain housing units
with approximately 700 beds. The bottom floor will contain the living/learning
community spaces with amenities including:
• Multi -use meeting rooms
• Advising and administrative offices
• Laundry
• Kitchen
• Vending area
• Communal areas
Aegrity
•n:c:y r, ,1
LOCATION:
Fayetteville, Arkansas
CONTRACT AMOUNT:
$64.1 Million
DESIGNER:
Modus Studio
Fayetteville, Arkansas
REFERENCE:
Daniel Clairmont
Director, Engineering &
Construction
University of Arkansas -
Fayetteville
479.575.6192
NABHOLZ / ENTEGRITY FOR THE CITY OF FAYETTEVILLE 1 12
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�:'r,". '.r"' �•':, a ��i'i?e•_, 3x '��` a ems' � ~, � � ' w
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CRYSTAL BRIDGES
v..:
SCOTT FAMILY AMAZEU M
When Amazeum hired Nabholz to serve as Construction Manager to build a
new children's museum, our mission was to combine fun and functionality by
executing a design featuring interactive indoor and outdoor learning spaces,
a striking fapade that is as playful as it is beautiful, separate meeting areas, a
venue where businesses and organizations can host events, and more.
Features include:
• Walking trail connecting to Crystal Bridges
• Rain gardens
• Cafe
• Container bridge
• Indoor cloud theaterultiple learning exhibits
LOCATION:
Bentonville, Arkansas
CONTRACT AMOUNT:
`512.2 Million
DESIGNER:
Haizlip Studio of Memphis,
Tennessee
REFERENCE:
Sam Dean
Executive Director
Scott Family Arnazeurn
Children's Museum
479.696,9280
NABHOLZ / ENTEGRITY FOR THE CITY OF FAYETTEVILLE 114
FAYETTEVILLE HIGH '
SCHOOL MODERNIZATION
This project is a modernization and addition to the existing High School. This
facility serves 3,000 students in grades 9-12. The features include
• 861 -seat performing arts center
• Competition gymnasium
• Modernization of the resource center
• Modernization of administrative offices
• Modernization of the student commons and food service areas
• New and/or renovated classroom spaces to include small learning
communities
LOCATION:
Fayetteville, Arkansas
CONTRACT AMOUNT:
$91.2 Million
SIZE:
544,000 sq ft
DESIGNER:
Hight Jackson As5mlates of Rogers, AR
DLR Group or Ova&nd Park. Kansas
a; Markin Siack'w R ArChit" of
Fayetteville, Arka s4Ls
REFERENCE:
David Tate, Director
School Plant Services
Fayetteville School District
479.444.3098
NABHOLZ / ENTEGRITY FOR THE CITY OF FAYETTEVILLE
1 15
8th STREET MARKET
This project entails the adaptive re -use and renovation of an existing 77,000 -square -
foot concrete -block structure. Of the 77,000 square feet, roughly 52,000 is a
community -focused food hub, housing a group of tenants. Nabholz has finished out
the spaces for Bike Rack Brewing, Markham & Fitz, Yeyo's Mexican Grill, The Holler
and the South Market. The facility and its grounds also contain substantial flexible
space, allowing Eighth Street Market to serve as a host site for various community
events.
• Demolition
• Site work
• Landscaping
• Efficiency upgrades
• HVAC/Electrical/Plumbing/Fire suppression upgrades
• Tenant finish -outs
LOCATION.
BEn' [onville, Arkansas
CONTRACT AMOUNT:
Confidential
DESIGNER:
Hufft Projects
of Kansas City, Missouri
NABHOLZ / ENTEGRITY FOR THE CITY OF FAYETTEVILLE 1 16
BRIGHTWATER - A CENTER g°�pn`ill Arkansas
FOR THE STUDY OF FOOD CONTRACT AMOUNT:
Confidential
This project entails the adaptive re -use and renovation of an existing 77,000 -square -
foot concrete -block structure. Of the 77,000 square feet, roughly 25,000 will be DESIGNER:
owned by Community Development Corp. Bentonville/Bella Vista, Inc., leased to Hufft Projects
Northwest Arkansas Community College for their Culinary Arts Program known as of Kansas City, Missouri
"Brightwater - A Center for the Study of Food." Features include:
• Classrooms with bar
• Outdoor classroom
• Demonstration Theater
• Staff Offices & Meeting Space
■ Nanawall & Operable Partitions creating flexibility for large events
• Locker Rooms, Break Rooms & Lecture Rooms
• Greenhouse
NABHOLZ / ENTEGRITY FOR THE CITY OF FAYETTEVILLE
17
ADDITIONS & RENOVATIONS
Nabholz served as general contractor for the original build of the Mid-America
Science Museum in 1978. When the museum decided to undergo a complete
remodel almost 40 years later, they called on Nabholz once again. This project
to the existing facility includes
• Additions
- 240-foot-long-skywalk
- Rope bridge
- Net circle
- Treehouse
• Renovations
- Exhibit halls
- Galleries
- Legacy exhibits
- Cafe'
LOCATION:
Hot Springs, Ankansas
CONTRACT AMOUNT:
$3.5 Million
SIZE:
40,500 sq ft
DESIGNER:
Wittenberg Delony &
Davidson
of Littie Rock, Arkansas
NABHOLZ / ENTEGRITY FOR THE CITY OF FAYETTEVILLE 1 18
GENERAL STORE & MILL
Built right on Indian Creek, this facility was built while preserving and
protecting the canyon's natural plant and wildlife environment. Nabholz is
proud to have been a part of this striking structure that incorporates the
history of a 1865 antique barn and a working, timber -framed mill. Some
features include:
• Antique mill that is fully functional and water powered
• Bridge over Indian Creek with walls built from glass imported
from France
• Custom kitchen with 1,800 ticket capacity
• Antique barn from Canada - dismantled, shipped and re -erected as the dining
room
• Education Center with bike barn
• General store
• Large fireplace created from natural stone
LOCATION:
Lampe, Missouri
CONTRACT AMOUNT:
Confidential
SIZE:
30,000 sq ft
DESIGNER:
Summerour &
Associates Architects
of Atlanta, Georgia
NABHOLZ / ENTEGRITY FOR THE CITY OF FAYETTEVILLE 119
CATHEDRAL PLAZA
This park is located between the Windgate Visual Art Buildings. Together with
the Cathedral of the Ozarks, they represent JBU's threefold mission of Head,
Heart, Hand. Features include:
Fountain
Concrete work and sidewalks
• Landscaping
LOCATION:
Siloam Springs, Arkansas
CONTRACT AMOUNT:
$250,000
DESIGNER:
Crafton Tull Architects of
Rogers, Arkansas
NABHOLZ / ENTEGRITY FOR THE CITY OF FAYETTEVILLE 1 20
JAMES TURRELL SKYSPACE
This project located in Bentonville includes:
• Designed and commissioned by internationally -known artist James
Turrell
• Structure is fully -reinforced concrete formed and placed with exacting
dimensions, including complex curvatures and circular opening for a
precisely -formed oculus
• Sitework included extensive re -contouring of existing topography and
placement of curvilinear sidewalks
• Structure includes LED light projection equipment with timers which
create a controlled perception
of light
• Project is part of the overall development of the Crystal Bridges
Museum of American Art and the City of Bentonville's Compton
Gardens area
armor
l 'j l
LOCATION:
Bentonville, Arkansas
CONTRACT AMOUNT:
$11 Million
DESIGNER:
James Turrell, Architect
Night .Jackson Associates
of Rogers, Arkansas
479,696.9280
NABHOLZ / ENTEGRITY FOR THE CITY OF FAYETTEVILLE
1 21
COCA-COLA
HYDRATION STATION
The Hydration Station was a Design Build job based on programming from
Crystal Bridges and Coca-Cola. It was designed to if in with the surrounding
landscaping.
• Natural stones were used on the columns
■ The structural steel columns were designed to look like trees
• Recycled material was used in the benches
■ Recycle bins located at the station for people on the trail
• Way -finding signs were designed and installed
LOCATION:
Bentonville, Arkansas
CONTRACT AMOUNT:
Confidential
DESIGNER:
Design Build
NABHOLZ / ENTEGRITY FOR THE CITY OF FAYETTEVILLE 1 22
LANDSCAPE & PARKING OOkm ulgeee, Oklahoma
This landscape and parking project located on the campus of OSU-IT CONTRACT AMOUNT:
includes: $969,837
• East -west pedestrian corridor
• New focal point for campus
• Updated landscaping
Brick pavers
• Outdoor commons area
• New storm sewer & retention pond
• New parking & paving
0
r
SIZE:
196,000 sq ft
NABHOLZ / ENTEGRITY FOR THE CITY OF FAYETTEVILLE 123
RIVERSIDE TRAIL
The City of Tulsa hired Nabholz to update 1.15 miles of the Riverside Trail.
This is one of Tulsa's busiest trails with thousands of daily users. Nabholz
completed this job on time and with no accidents. The job included
demolition, earthwork, structural concrete, segmental block walls and
storm & sewer relocation.
• Installed
- 240 -foot- long -skywaIk 22,000 SF of concrete trail
- 2,054 LF of powder -coated pipe railing
- 2,479 LF of 4' chain-link fence
- 1,815 SF of new Versa Lock walls
- 12,220 SF of Segmental Retaining Walls
LOCATION:
Tulsa. OIC
CONTRACT AMOUNT:
$2.45 million
SIZE:
12,000 sq. ft.
NABHOLZ / ENTEGRITY FOR THE CITY OF FAYETTEVILLE 1 24
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NABHOLZ / ENTEGRITY FOR THE CITY OF FAYETTEVILLE 125
ADDITIONAL ITEMS
With over 200 sustainability projects to date, Entegrity is a recognized leader in Sustainability Consulting, especially
LEED. Our goal is to identify and integrate viable sustainable design and construction strategies into new
construction and existing building projects toward the goal of certification. Efficient and effective consulting is
achieved with good early design, an informed team, and a tailored approach to the owner's motivations.
Using LEED, WELL, LBC, ARC, EnergyStar, and other certification and benchmarking programs, Entegrity provides
prescriptive and performance based sustainability certification options. As a nationally recognized sustainability
consultant, Entegrity can support single, prototyped, and/orvolume facilities at any phase of a design, construction
or operations building project.
Our team of experts are ready to assist with the integration of sustainable building principles on your next project,
whether it is a new construction project or the "greening" of your existing building. By engaging our clients from
early in the design or optimization process, we are able to help project teams optimize energy and environmental
performance.
SUSTAINABILITY SERVICES
Rating Systems: LEED, Living Building Challenge, Net Zero Energy, WELL, Green C^h�
Guiding Principles, Green Communities, Energy Star, IREM/BOMA, BREEAM, regi
sustainability verifications
Involvement: Full management/administration, Arc, feasibility studies,
volume/prototype, strategy development, eco charrettes, team
training, site impact, design/construction/operations phases
NABHOLZ / ENTEGRITY FOR THE CITY OF FAYETTEVILLE 1 27
Your proposed Nabholz Project Team has
consistently exceeded the expectations of
our clients. Collectively the team has years of
construction expertise and extensive experience in
the successful completion of GMP/GMAX projects.
The table below demonstrates Nabholz's partial
track record in the timely completion of projects
and the ability to deliver under budget. This team
has the experience and the resources to begin
working with the City of Fayetteville to provide
you with fast and accurate budget and schedule
information. Our track record of successfully
completing projects on or ahead of schedule and on
or under budget is key in meeting your budget and
schedule expectations.
Because of our track record, our firm has received
numerous Excellence in Construction Awards
from the Associated Building Contractors (ABC)
Association, and thirteen state quality association
awards in Arkansas and Oklahoma.
Arkansas Children's Northwest
UA - Don Tyson Agri Science Building
JBU - Health Sciences Center
Brightwater NWACC Culinary Center
Arkansas College of Osteopathic Medicine
Siloam Springs Public Library
JBU - Health Education Building
Bella Vista Street Department Building
Siloam Springs Annex Building Remodel
Bio -Tech Pharmacal North Building
— Expansion - Fayetteville
Fayetteville High School - Fayetteville
UA - Champions Hall
JBU - Mabee Learning Resource Center Complex
JBU - J. Alvin Brown Dorm Expansion
Fosters Pint & Plate
Amazeum
2018
Yes
Yes
2017
Yes
Yes
2017
Yes
Yes
2017
Yes
Yes
2016
Yes
............
Yes
2016
Yes
Yes
2016
Yes
Yes
2016
Yes
Yes
2016
Yes
Yes
2015
Yes
Yes
2015
Yes
.......—------- - -
Yes
2015
I
Yes
Yes
2015
Yes
Yes
2015
Yes
Yes
2015
Yes
Yes
2015
Yes
Yes
NABHOLZ / ENTEGRITY FOR THE CITY OF FAYETTEVILLE 1 28
Nabholz Construction has proven our ability to
professionally manage new building projects, remodels
and additions on time and within the anticipated
budget, which is reflected in our more than 85 percent
repeat business annually.
The ability to successfully manage a project budget
and schedule begins with open communication and
superior preconstruction services. From the moment
Nabholz Construction is selected as part of a client's
project team, we work with the entire team to
clarify project goals, team expectations, and desired
outcomes. Teamwork leads to excellent results, and we
see ourselves as your partner throughout the entire
construction process.
The Schedule of Values allows Nabholz and the City to
monitor items such as contingencies, change orders,
allowances, etc. The Schedule of Values is updated for
each Owner/Architect/ Contractor (OAC) Meeting and
is submitted as part of the pay application each month
to the City.
Since the goal of each project is to eliminate change
orders, we start through the effective use of detailed
PRECONSTRUCTION AND UNDERSTANDING GMP
The Nabholz Construction team includes some
of the best preconstruction professionals in
the industry, who are committed to working as
strategic partners with owners, design team
members, and other consultants during the critical
design phase. Making the correct choices during
preconstruction is key to achieving a successful
project outcome that adds value while minimizing
risk. Nabholz will establish a detailed Schedule
of Values based on the approved GMP and keep
a detailed, open and transparent accounting
of dollars spent each month in comparison to
the GMP remaining dollars. This will allow us to
accurately update the City of Fayetteville on
remaining costs as well as future costs.
PRECONSTRUCTION SERVICE PROVIDED IN-HOUSE
• Budgeting
• Life -Cycle Costing
• Scheduling
• Partnering
• Constructability
• Subcontractor
Reviews
Pre -Qualification
Sustainability Reviews
• Virtual Design and
Construction (VDC)
• Value Analysis
bid packages and estimates we create. These detailed
documents vastly reduce the number of subcontractor
changes requested on a project because they lead
subcontractors to more accurately and completely
price their work from the very beginning. Nabholz
understands the trades intimately and can judge
change order requests for fair and accurate pricing.
COLLABORATION In order to give you access to
the depth and breadth of resources throughout our
firm, our preconstruction approach includes extensive
in-house "collaboration sessions" so that our clients
can leverage all the lessons learned from our current
and past projects. These sessions are led by the project
team and include a thorough review of your project and
its challenges. This is an excellent brainstorming session
where we work side by side with the client to think
out of the box and create innovative solutions that are
unique to the project.
BID PACKAGE DEVELOPMENT Our team will work
with the design team to establish clear and accurate
bidding documents with our "No Gaps, No Overlaps"
policy. Our effort to thoroughly review the documents
throughout the preconstruction phase will ensure there
are no gaps and no overlaps in the scope of the work.
This effort prevents the owner from paying twice for
items and ensures that subcontractors are not leaving
anything out in their bidding. This also allows for
better competitive pricing by minimizing the number
of RFI's during bidding, filling in gaps in the drawings,
and limiting change orders, while also relaying clear
expectations to the subcontractors and suppliers.
NABHOLZ / ENTEGRITY FOR THE CITY OF FAYETTEVILLE 1 29
The Emerging Analytics Center (EAC) facility,
which houses the BIM Cave, is the brainchild
of Dr. Carolina Cruz-Neira. She invented the
"CAVE" technology and is a true pioneer
in virtual reality. Nabholz is lucky enough
to call her our business partner. Nabholz
served as the contractor for the Engineering
Information Technology Building where the
EAC is housed. This partnership allowed us
to become the first company to utilize this
technology. Understanding the importance
of being selected as the builder and sole user
from the construction industry, Nabholz has a
full-time staff dedicated to implementing this
technology.
l
Nabholz Project Manager & BIM Expert utilizing the BIM Cave.
Through the technology of a 26 -projector
immersive CAVE, a 180 -degree immersive dome, high
pixel density display technology, virtual reality eyewear,
surround panel animation and other sophisticated
equipment - the former on -paper architectural design
comes alive as an immersive and interactive visual
representation of the completed project. This program
allows a learning experience before actuality, and can
identify and remedy issues that otherwise wouldn't
have been discovered until much later. Clients can
experience the process of the new secured entrances,
count the steps and calculate the time it takes to reach
the office from the furthest classroom, virtually see how
many students can walk beside of each other down the
hallway, get better visual alignment for school security,
and so much more!
Most of our school systems have a hard time imagining
what their completed school project will ultimately look
and feel like by simply reviewing architectural plans or
seeing a two-dimensional design. With our BIM/VDC
technologies, our public schools can alter aesthetics of
the facility during design, instead of making changes to
or not being pleased with the final product.
BIM/VDC is NOT simply a tool for aesthetic virtual
reality needs. Where owners realize their true savings
(in both money and time), is how this technology
identifies construction coordination problems between
two solid objects during preconstruction.
The models identify any potential clashes, conflicts,
collisions or interference that would incur between
architectural and structural elements in a building. A
solution can be identified and changes in the design
documents can be made, whereas the problem would
formerly be unknown until actual construction. This
would cause an abrupt stop in construction until a
resolution was made - which then costs both money
and time.
Nabholz also incorporates BIM/VDC as a smooth
continuum from preconstruction to construction. We
use our BIM/VDC as a collaborative construction mobile
technology to deliver project information to where it is
most useful, at the site of construction.
Our technology allows us to interact with project
data via computer tablets wherever construction
activity is taking place. We use this same technology
to communicate with robotic total stations for quality
control activities, schedule and assign work, notify
subcontractors when issues need to be addressed,
record daily activity and safety logs, track work status,
photograph site work and view building information
models and drawings, all without having to make a trip
back to the office trailer.
Any and all field required adjustments to plans will
instantly be updated and incorporated to be used
as the most current set of documents for all team
members. This allows our field staff to focus on
construction activity and deliver projects that exceed
our client's expectations.
NABHOLZ / ENTEGRITY FOR THE CITY OF FAYETTEVILLE 1 30
FAYETTEVILLE HIGH SCHOOL
EXPANSION AND RENOVATION
OWNER REPRESENTATIVE
Dr. John L Colbert
Superintendent
Fayetteville School District
479.444.3000
ARCHITECT
Marlon Blackwell Architects
Fayetteville, AR
479.973.9121
CRYSTAL BRIDGES MUSEUM OF
AMERICAN ART
OWNER REPRESENTATIVE
Scott Eccleston
Director of Operations
Crystal Bridges Museum of American Art
479.418.5700
ARCHITECT
Moshe Safdie and Assoc
of Somersville, Mass.
617.629.2100
THE SCOTT FAMILY AMAZEUM
OWNER REPRESENTATIVE
Sam Dean
Executive Director
Scott Family Amazeum
Children's Museum
479.696.9280
ARCHITECT
Haizlip Studio of
Memphis, Tennessee
901.527.3866
NABHOLZ / ENTEGRITY FOR THE CITY OF FAYETTEVILLE 131
Northwest Arkansas Operations of Nabholz
(Projects Over $500,000)
Best Joy Office Building
22,000
13,000
364,000
Aug -18
Aug -18
Aug -18
$1.5 million
$2 million
$32 million
Cassidy United Methodist Church
XNA Parking Deck
University of Arkansas at Fayetteville -
Pat Walker Health Center
First Security Bank - Downtown Bentonville
Bentonville Dispatch Center
45,000
Sep 18
$12 million
3,200
Feb -19
$3.6 million
20,360
50,000
70,000
Feb -19
Mar -19
May -19
$1.7 million
$14 million
$11 million
$64 million
Helen Walton Enrichment Center
Van Buren Elementary School
............... -......
University of Arkansas at Fayetteville -
Stadium Drive Residence Hall
200,000
Summer 2019
NWACC - Integrated Design Lab Building
23,000
Jul -19
Aug -19
$5 million
Confidential
5th Street Offices
57,000
24,000
144,000
University of Arkansas at Fayetteville -
Pomfret Hall Addition & Renovation
Aug -19
$12 million
J.B. Hunt Training & Technology Building
Qct -19
Confidential
Carroll Electric Office Building
Confidential
53,000
90,000
90,000
Nov -19
Confidential
$8 million
$29 million
Northside Christian Church
Dec -19
Berryville High School Renovation
Benton County Courthouse
Dec -19
Au3-20
$25 million
Walmart North Data Center
Confidential
Confidential
Confidential
The above list is the current workload for the Northwest Arkansas Operations of Nabholz, based in Rogers, Arkansas, and the
responsible office for this project. In addition, there is no projected work acquisition that would impact this project or interfere with
our proposed personnel's ability to staff this project. We can begin work immediately.
NABHOLZ / ENTEGRITY FOR THE CITY OF FAYETTEVILLE 1 32
lUSKSERVICES Or ARKANSAS
INSORICA � m-; ,
February 22, 2017
To whom it may concern:
RE: Nabholz Construction Services
It has been a privilege of Travelers Casualty and Surety Company to provide surety bands for Nabholz
Construction Services since 1959.
Nabholz Construction Services possesses the bonding capacity to support single jobs in the
$250,000,000 range with an aggregate work program of $1,000,000,000. Travelers stands prepared to
entertain all bond needs with these parameters.
Nabholz Construction Services has demonstrated the necessary experience, management ability,
financial capacity and organizational skills to meet and exceed the needs of their clients.
Travelers Casualty & Surety Company of America has an AM Best Rating of A++ (Superior) and is in the
Financial Size Category XV. Travelers is on the Department of Treasury Circular 570 as an acceptable
surety.
Sincerely,
Steven C. Russell, CIC
Attorney-in-fact, The Travelers Companies
SCR/sb
AN ASSURE% GW- PARTNER
NABHOLZ 15 CAPABLE OF PRO[
$1,000,000,000 OF WORK AM
AND CURRENTLY HAS AN ACCO1
BACKLOG OF $375,000,00
ALLOWS US $525,000,000 OF I
CAPACITY TO PRODUCE YOUR PF
1501 Mar[ Drive
Little Rock, AR 72202
P 50L666.6653
F 501.666.7166
www.INSURICA.com
UCING
IUALLY
INTING
0. THIS
[XCESS
OJFCT.
NABHOLZ / ENTEGRITY FOR THE CITY OF FAYETTEVILLE 1 33
No. 0000020119
State of Arkansas
Commercial Contractors Licensing Board
NABHOLZ CONSTRUCTION CORPORATION & DIVISIONS
PO BOR 2090
CONWAY, AR 72033:
ID #1673
NABHOLZ CONSTRUCTION CORPORATION & DIVISIONS
is to Certify That
duly licensed under the provisions of Ark. Code Ann. § 17-25-101 et. seq. as-,
fended and is entitled to practice Contracting in the State of Arkansas within
following classifications/specialties:
BUILDING
- (COMMERCIAL & RESIDENTIAL)
I&LECTRICAL
HIGHWAY,=RAILROAD, AIRPORT
CONSTRUCTION
MUNICIPAL & UTILITY CONSTRUCTION
This contrattar has an unlin►ited suggested. bid limit.
front 'January 12, 2018 until
January 3I, 2019 when this Certificate expires.
Miness ourhands oJlhe Board, dareda-1 Norlh bide Rack, Arkansas:
��/j
CHAIRMAN
SECRETARY
nary 12, 2018 - sh
NABHOLZ / ENTEGRITY FOR THE CITY OF FAYETTEVILLE 1 34
Fay Jones Woodland
Arborist Analysis of Trees CO#1
City of Fayetteville Staff Review Form
2019-0032
Legistar File ID
N/A
City Council Meeting Date-Agenda Item Only
N/A for Non-Agenda Item
Leif Olson 1/9/2019 SUSTAINABILITY/RESILIENCE (631)
Submitted By Submitted Date Division/ Department
Action Recommendation:
Staff recommends approval of Change Order#1 to Contract#02-19-2526 for an arborist analysis of the trees
within the Fay Jones Woodland.
Budget Impact:
2230.631 Special Grants
Account Number Fund
•
31708.1701 Cultural Arts Corridor Grant
Project Number Project Title
Budgeted Item? NA Current Budget $ 1,750,000.00
Funds Obligated $ 1,071,926.20
Current Balance $ 678,073.80
Does item have a cost? Yes Item Cost $ 6,880.00
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget $ 671,193.80
V20180321
Purchase Order Number: 2018-00000757 Previous Ordinance or Resolution# 217-18
Change Order Number: 1 Approval Date: 01/11/19
Original Contract Number: 2018-00000042
Comments:
r
AiCITY OF
FAYETTEVILLE STAFF MEMO
ARKANSAS •tar
TO: Mayor Lioneld Jordan
THRU: Peter N . Sustainability and Resilience Director
FROM: Leif Olson, Long Range Planner
DATE: January 8. 2O19
SUBJECT: Arborist analysis of trees within the Fay Jones Woodland
RECOMMENDATION:
Staff recommends app
l of Change Order#1 to Contract#02-19-2526 for an arborist
analysis of the trees within the Fay Jones Woodland.
BACKGROUND:
The City Council approved Resolution 217-18 authorizing a contract between the City and
Nabholtz Construction to provide Construction Manager At Risk (CMAR) services for the
development of the Cultural Arts Corridor project. The contract for this service is $80,000 with a
project contingency in the amount of$8,000.
DISCUSSION:
The City, NBW Landscape Architects and Nabholtz Construction identified the need to have an
arborist analysis of trees greater than 4 inches in caliber within the Fay Jones Woodland and
provide a written report with recommendations for treatment of damaged or diseased trees.
Nabholtz Construction has proposed utilizing arborist services provided by Entegrity to complete
this task. A change order in the amount of$6,880 is necessary to complete this task.
The Mayors signature is required on page 1 of the attached change order.
BUDGET/STAFF IMPACT:
The arborist analysis of the Fay Jones Woodland is funded through the CMAR contract with
Nabholtz Construction.
Attachments:
Change Order#1 for Nabholtz Project#02-19-2526
Resolution 217-18
Mailing Address:
_.~ ,~ Mountain~~~~^ e �
-agmv
Fayetteville,AR '
r �
‘NTEGRI1J' Prime Contract Change Order
oft*a
• 0
NA
Prcn-F'viile Cultural Art Corr Project# 02-19-2526 Nabholz Construction Corporation
113 W.Mountain St. Tel: Fax:
Fayetteville,AR 72701
Date: 1/7/2019
To Contractor: Architect's Project No:
Nabholz Construction Corporation Contract Date: 4/18/2018
3301 N 2nd St(72756),PO Box 277 Contract Number: 02-19-2526
Rogers,AR 72757 Change Order Number: 001 •
PROJECT CONFIDENTIAL
Property of Nabholz Construction Corporation Not for Duplication or Distribution
This document includes data prepared in conjunction with the Project that is deemed trade secret or proprietary to Nabholz. This document is shared
with the Project team solely for use on this Project consistent with the responsibilities of the Project team. The Recipients shall not duplicate,use,or
disclose,in whole or in part,to any person,entity,or party outside the Project team without Nabholz'prior written authorization.
The Contract is hereby revised by the following items:
Arborist Analysis Of Trees Within Fay Jones Park
PCO Description Amount
This Change Order incorporates phase 1 tree analysis described in the attached proposal from Entegrity. $6,880
The original Contract Value was $ 80,000.00
Sum of changes by prior Prime Contract Change Orders $ 0.00
The Contract Value prior to this Prime Contract Change Order was $ 80,000.00
The Contract Value will be changed by this Prime Contract Change Order in the amount of $ 6,880.00
The new Contract Value including this Prime Contract Change Order will be $ 86,880.00
The Contract duration will be changed by . 0 Days
The revised Substantial Completion date as of this Prime Contract Change Order is TBD
Nabholz Construction Corporation CITY OF FAYETTEVILLE
CONTRACTOR' OWNER
3301 N 2nd St(72756),PO Box 277 113 W MOUNTAIN ST
Rogers,AR 72757 FAYETTEVILLE,AR 72701
Address Address
By John Strack By Lioneld Jordan,
SIGNATURE _ ,4 Sfi q SIGNATUR- /y
DATE if /./ DATE hi Oy
f -
yr
•
Prolog Manager Printed on: 1/8/2019 Nabholz Page 1
II
ntegrity
energy. integrity.
QUOTE
January 2, 2019
Client: Nabholz
Client Address: 3301 N 2nd Street, Rogers AR 72756
Attn: John Strack
Project: Cultural Arts Corridor
Project Location: Fayetteville, AR
Contact for Questions:
John Coleman
Regional Business Development Director
479.301.2517
John.coleman@entegritypartners.com
•
SUMMARY
Entegrity proposes to provide the following services to Client in connection with the Project for
the following prices.
Service Appendix Price
Scope/Specification
Section
Phase 1: Arborist analysis of 4" caliper and larger trees n/a $6880
and identification of special status trees per the SITES
requirements. Arborists will label trees to be surveyed on
site with tags and identification numbers. Identification
numbers will be keyed to report showing tree species,
tree health and size. (Site survey to be provided by
surveyor with tree locations or alternately the site can
be walked with the surveyor to identify significant trees).
Arborist to provide written report including
800.700.1414 1 .info@entegritypartners.com
www.entegritypartners.com
OPTIMIZING BUILDING PERFORMANCE
recommendations of treatment for damaged or
diseased trees with location map of trees.
Phase 2: Follow-up after completion of work. Report of n/a $1,920
status of trees post remediation.
SERVICES
Phase 1 Consulting $6,880
Phase 2 Consulting $1,920
Service Remarks:
• Meets Construction phase requirements of the SITES rating system for identification of
special status trees and general damaged trees that are in need of treatments to extend
the health of the trees.
• All Project communication must be handled through the General Contractor.
Includes:
• Four on-site meetings, tree prior to the work and one after remediation is completed.
• Two electronic copies of the Project's reports for recommendations and report of status
of remediation.
Excludes:
• Tree Survey locations.
• Building and site area calculations are excluded, and will need to be performed by
another professional, like an Architect for space square footages or a civil engineer for
site square footages.
P
DEFINITIONS
The following terms used in this document have the meanings set forth below.
Client: The entity or person receiving this quote. Client may be the same
i •
entity or person that is General Contractor or Architect.
Entegrity: Eco Integration, Inc. dba Entegrity Consulting
entegri
Page 2 of 4 ty
energy. integrity.
OPTIMIZING BUILDING PERFORMANCE
1403 E. 6th Street
Little Rock, AR 72202
Attn: Matt Bell or Chris Ladner, Partners
Project: Cultural Arts Corridor
Owner: The entity or person that owns the building involved in the Project or
that will own the building involved in the Project after work is
completed.
Proposal: A stated quote to perform the work referenced for this Project.
General Contractor: The entity or person that is retained and serves as the general
contractor for the Project.
Architect: The entity or person that is retained and serves as the architect for the
Project.
MISCELLANEOUS TERMS AND CONDITIONS
Owner Not General Contractor And/Or Architect
If Client is not the same person or entity as General Contractor for the Project, then Client shall
cause General Contractor to complete all tasks, responsibilities, and obligations of General
Contractor above. Further, if Client is not the same person or'entity as Architect for the Project,
then Client shall cause Architect to complete all tasks,responsibilities,and obligations of Architect
above.
Pricing
All pricing is based on provided bid documents and only includes work described in named
specification sections. All pricing is good for 90 days.
Travel
Where not explicitly named, travel is included to the Project site, but is excluded beyond that.
Project Documentation
Plan reproduction and other Project documentation costs are excluded.
Non-Binding Proposal
This Proposal is not intended to create or constitute a binding agreement. Rather, this Proposal
is part of the parties' attempt to negotiate a final written agreement, which, if reached, will
contain material terms not set forth in this Proposal.This Proposal does not create an express or
implied duty on either party to negotiate in good faith. Likewise, this Proposal does not create
an express or implied duty on either party to continue to negotiate and/or proceed to the
completion of a final written agreement. Either party may terminate negotiations at any time in
Page 3 of 4 entegrity
energy. integrity.
OPTIMIZING BUILDING PERFORMANCE
their sole discretion without liability to the other party.Any party's reliance, due diligence,partial
performance, or other acts in contemplation of consummating a transaction shall not evidence
of intent by either party to be bound by the terms of this Proposal, and any cost incurred or
actions taken or not taken by either party, in the absence of final written agreement,will be at
such party's sole risk and cost. The parties will not be bound to an agreement unless and until
they review, approve, execute and deliver a final written agreement.
•
rid
Page 4 of 4 �--�ke g_ y
energy. integrity.
�f,