HomeMy WebLinkAbout232-20 RESLOUTIONpF FAYF rjF
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113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Resolution: 232-20
File Number: 2020-0721
RFQ # 20-09 EMERY SAPP AND SONS, INC. - 2019 TRANSPORTATION BOND
PROGRAM:
A RESOLUTION TO AWARD RFQ # 20-09 AND AUTHORIZE A CONTRACT WITH
EMERY SAPP AND SONS, INC. IN THE AMOUNT OF $52,720.00 TO PROVIDE
CONSTRUCTION MANAGER AT RISK SERVICES FOR THE MAPLE STREET
IMPROVEMENTS PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE
AMOUNT OF $5,272.00, AND TO APPROVE A BUDGET ADJUSTMENT - 2019
TRANSPORTATION BOND PROGRAM
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards RFQ # 20-09
and authorizes Mayor Jordan to sign a contract with Emery Sapp and Sons, Inc. in the amount of
$52,720.00 to provide Construction Manager at Risk services for the Maple Street Improvements
Project, and further approves a project contingency in the amount of $5,272.00.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment, a copy of which is attached to this Resolution.
PASSED and APPROVED on 9/15/2020
Page 1 Printed on 9116120
Resolution: 232-20
File Number.' 2020-0721
Attest: `jjIItIII��I/
ERK
FAY
• ETTEVILLE
Kara Paxton, City Clerk Treasurer— ;
go
"i,' G ION ' CO J' �.
Page 2 Printed on 9116120
City of Fayetteville, Arkansas 113 West Mountain Street
d Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2020-0721
Agenda Date: 9/15/2020 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: C 2
RFQ # 20-09 EMERY SAPP AND SONS, INC. - 2019 TRANSPORTATION BOND PROGRAM:
A RESOLUTION TO AWARD RFQ # 20-09 AND AUTHORIZE A CONTRACT WITH EMERY SAPP
AND SONS, INC. IN THE AMOUNT OF $52,720.00 TO PROVIDE CONSTRUCTION MANAGER
AT RISK SERVICES FOR THE MAPLE STREET IMPROVEMENTS PROJECT, TO APPROVE A
PROJECT CONTINGENCY IN THE AMOUNT OF $5,272.00, AND TO APPROVE A BUDGET
ADJUSTMENT - 2019 TRANSPORTATION BOND PROGRAM
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards RFQ # 20-09 and
authorizes Mayor Jordan to sign a contract with Emery Sapp and Sons, Inc. in the amount of $52,720.00 to
provide Construction Manager at Risk services for the Maple Street Improvements Project, and further
approves a project contingency in the amount of $5,272.00.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a
copy of which is attached to this Resolution.
City of Fayetteville, Arkansas page 1 Punted on 9✓10)2020
Matt Mihalevich
Submitted By
City of Fayetteville Staff Review Form
2020-0721
Legistar File ID
9/15/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
8/27/2020 ENGINEERING (621)
Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of a contract with Emery Sapp & Sons, Inc. who was selected by RFQ 20-09 to provide
Construction Manager at Risk (CMAR) services for the Maple Street Improvements in the not to exceed fee amount
of $52,720.00 plus a 10% contingency in the amount of $5,272 and approval of a budget adjustment.
4602.860.7215-5860.02
Account Number
46020.7215
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? Yes
Budget Impact:
4602 - Streets Project 2019 Bonds
Fund
Maple Street Cycle Track
Project Title
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
$ 6,737.00
$ 4,855.22
y 1,881.78
$ 57,992.00
$ 57,992.00
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
•
MEETING OF SEPTEMBER 1 ST", 2020
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
Garner Stoll, Development Services Director
Chris Brown, City Engineer
FROM: Matt Mihalevich, Trails Coordinator
DATE: August 24th, 2020
CITY COUNCIL MEMO
SUBJECT: 2020-0721 — Maple Street Improvements — Construction Manager at Risk
RECOMMENDATION:
Staff recommends approval of a contract with Emery Sapp & Sons, Inc. who was selected by
RFQ 20-09 to provide Construction Manager at Risk (CMAR) services for the Maple Street
Improvements in the not to exceed fee amount of $52,720.00 plus a 10% contingency in the
amount of $5,272 and approval of a budget adjustment.
BACKGROUND:
The City of Fayetteville and the University of Arkansas have been working together toward a
common goal of improving the section of Maple Street from the Razorback Greenway west to
Garland Ave. In the Spring of 2018, the University of Arkansas contracted with Alta Planning +
Design to develop conceptual plans for Maple Street that include pedestrian improvements
and a protected bicycle cycle track.
On September 9th, 2018, resolution 198-18 was approved to share the cost for the final design
of the Maple Street project between the City of Fayetteville and the University of Arkansas in
the amount of $103,500 each and to accept a grant in the amount of $207,000 to cover the
$414,000 final design cost with Olsson Associates.
On June 41h, 2019, resolution 141-19 authorized an application for a grant through the private
funding in the maximum amount of $2,000,000 for the construction of the Maple Street project.
At that same time, University of Arkansas officials expressed concerns with the design and
requested changes for increased safety. The safety upgrades now include a low vegetation
buffer between the cycle track and the road. In addition, enhanced mid -block crosswalks are
proposed with decorative pavement markings and passive detection bollards for activation of
beacons.
On April 21st, 2020, resolution 120-20 authorized an application for a grant through the same
private funding in the maximum amount of $3,000,000 to incorporate the safety upgrades.
With the proposed safety upgrades and factoring in escalation, the updated cost estimate for
project is now $6 million.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
On March, 315t 2020 the Transportation Committee reviewed the Maple Street project and
forwarded a recommendation to the City Council to apply for grant funding and authorize the
allocation of 2019 bond funds in the amount of $1.5 million for the match. Committee
members expressed support for the vegetation buffer and recommended the wider crosswalk
striping.
DISCUSSION:
The proposed improvements to Maple Street include 2,475-linear feet of new roadway
surface, upgraded traffic signals, storm drainage, 8-foot-wide sidewalks on the north and
south sides and a separated a two-way cycle track along the south side extending from the
Razorback Greenway to Garland Avenue. Maple Street has been identified as a catalyst
project in the Northwest Arkansas Regional Bicycle and Pedestrian Master Plan. Currently
bicycle access to the University of Arkansas campus core and the surrounding neighborhoods
is limited. The addition of the Maple Street connection will greatly improve the accessibility
from the trail system to this major destination for the campus's faculty, staff, visitors and
students.
The design plans for the Maple Street project are currently being finalized by the Olsson
Associates. To prepare for the construction phase of the project, it is necessary to have a
construction manager at risk on board to evaluate the final design, recommend localized
construction methods and materials and develop the construction cost.
A request for qualifications (RFQ 20-09) was advertised in June of 2020 and qualifications
were received from three construction management companies. On July 7th, 2020, a selection
committee composed of staff representatives from the City of Fayetteville and University of
Arkansas along with one City Council member selected Emery Sapp & Sons for the
construction management of the Maple Street Improvements.
The contract for consideration with this proposal consists of pre -construction services
including working closely with Olsson and subconsultants to provide cost estimating and
potential savings for a variety of construction methods, practices and material selections. The
estimate will be used to establish the construction budget for the grant request and to proceed
into the bidding phase of the project.
The City will then negotiate the final construction cost which will be reflected in the guaranteed
Maximum Price (GMP). The GMP proposal will include all cost associated with the
construction of the Maple Street Improvements for approval by the City Council.
BUDGET/STAFF IMPACT:
Funds have been identified in the first phase of the 2019 bond with $1 million from the
transportation portion and $500,000 from the trails portion of the 2019 bonds. The University
of Arkansas has also committed $1,500,000 to the project and additional funding is anticipated
from the private grant sources. Funding for the CMAP pre -construction services will be from
the transportation portion of the 2019 bond funds.
ATTACHMENTS:
Maple Street Improvements Map
Contract — Emery Sapp & Sons CMAR
RFQ 20-09 selection
"L
OUNIVERSITY
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CIRCUIT
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LEGEND
BUS ROUTES
�® Blue Route
Purple Route
Red Route
Green Route
Yellow Route
EXISTING TRAILS
-Razorback Regional
Greenway
Oak Ridge Trail/
Existing Path
PROPOSED CONNECTIONS
a Oak Ridge
Connector
Garland Shared Street
a Maple Cycle Track
■ I Bike Route
PREPARED BY:
alter
PLANNING + DESIGN
Contract for
Construction Manager at Risk Services
FOR THE MAPLE STREET IMPROVEMENTS
BETWEEN City of Fayetteville, Arkansas and
Emery Sapp & Sons, Inc.
THIS AGREEMENT is made this _1� day of , 2020, by and between City of
Fayetteville, Arkansas, acting by and through its Mayor (14ereinafter called CITY OF FAYETTEVILLE or CITY) and Emery Sapp
& Sons, Inc. (construction manager at risk, hereinafter called CMAR, Construction Manager, or Emery Sapp & Sons), and
CITY OF FAYETTEVILLE from time to time requires professional CMAR services in connection with the evaluation, design,
and/or construction supervision of capital improvement projects. Therefore, CITY OF FAYETTEVILLE and CMAR in
consideration of their mutual covenants agree as follows:
CMAR shall serve as CITY OF FAYETTEVILLE's professional CMAR consultant in those assignments to which this Agreement
applies and shall give consultation and advice to CITY OF FAYETTEVILLE during the performance of services defined in the
scope of work. All services shall be performed under the direction of a CMAR registered in the State of Arkansas and
licensed by the Arkansas Contractor's Licensing Board.
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) ending in 8848
ii. CMAR Arkansas Contractor License No. 133390421
iii. CMAR Secretary of State Filing No. 100212597
b. Parties agree to act on the basis of mutual trust, good faith, and fair dealing, and perform in a fiscally
responsible and timely manner. Parties shall each endeavor to promote harmony and cooperation
among all Project participants.
2. Entire Agreement and Exhibits: This Agreement sets forth the entire agreement and understanding between the
parties on the subject matter of this Agreement. Neither party shall be bound by any conditions, definitions,
representations or warranties with respect to the subject matter of this Agreement other than those as expressly
provided herein.
a. Appendices included under this agreement include the following:
i. Appendix A: Scope of Services (Phase 1 Pre -Construction Services Only)
ii. Appendix B: CMAR Fee Schedule
iii. Appendix C: RFQ 20-09, Construction Manager at Risk for Maple Street Improvements
iv. Appendix D: Emery Sapp & Sons' Response to RFQ 20-09
v. Appendix E: Emery Sapp & Sons' current Certificate of Insurance
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
RFQ 20-09, Construction Manager at Risk for Maple Street Improvements
Page 1 of 23
Last Revised 8.27.20
amendments to this Agreement which are executed by all parties; (b) the Agreement; (c) CMAR's
response to RFQ 20-09 (d) City's published RFQ 20-09 and associated Addenda.
3. Notices: Any notice required under this Agreement shall be in writing, address to the appropriate party at the
following addresses:
a. City of Fayetteville: Attention: Mayor Lioneld Jordan, 113 W. Mountain, Fayetteville, AR 72701
b. Emery Sapp & Sons, Inc.: Attention: Billy Wallis, 5184 N. Oak Street, Springdale, AR 72764
4. General Provisions:
i. ETHICS: All parties shall perform with integrity. Each shall avoid conflicts of interest and promptly
disclose to any other part any conflicts that may arise. All parties warrant that it has not and shall
not pay or receive any contingent fees or gratuities to or from any other party, including agents,
officer's employers, Subcontractors, Subsubcontractors, Suppliers, Volunteers, Elected Officials,
or Others to secure preferential treatment.
ii. When the Construction Documents, Guaranteed Maximum Price (GMP), and other descriptive
documents defining the work are complete, they shall be identified and included in this
Agreement by mutually agreed upon amendment to this Agreement.
iii. Workmanship: The Work shall be executed in accordance with the Contract Documents in a
workmanlike manner. All materials used in the Work shall be furnished in sufficient quantities to
facilitate the proper and expeditious execution of the Work and shall be new except as otherwise
provided in the Contract Documents.
iv. MATERIALS FURNISHED BY OWNER OR OTHERS: If the Work includes installation of materials or
equipment furnished by City or Others, it shall be the responsibility of Construction Manager to
examine the items so provided and thereupon handle, store, and install the items, unless
otherwise provided in the Contract Documents, with such skill and care as to provide a
satisfactory and proper installation. Loss or damage due to acts or omissions of Construction
Manager shall be the responsibility of Construction Manager and may be deducted from any
amounts due or to become due Construction Manager. Any defects discovered in such materials
or equipment shall be reported at once to the City and the City's contracted third -party Design
Professional. Following receipt of written notice from Construction Manager of defects, City and
Design Professional shall promptly inform Construction Manager what action, if any, Construction
Manager shall take with regard to the defects.
v. WORKSITE VISIT: Construction Manager acknowledges that it has visited, or has had the
opportunity to visit, the Worksite to visually inspect the general and local conditions which could
affect the Work.
vi. Construction Manager shall perform cutting, fitting, and patching necessary to coordinate the
various parts of the Work and to prepare its Work for the work of City or Others.
1. Cutting, patching, or altering the work of City or Others shall be done with the prior
written approval of City and Design Professional. Such approval shall not be unreasonably
withheld.
vii. 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.
RFQ 20-09, Construction Manager at Risk for Maple Street Improvements
Page 2 of 23
Last Revised 8.27.20
CHANGES IN THE LAW: The GMP, estimated Cost of the Work, Construction Manager's
Fee, Date of Substantial Completion or Date of Final Completion, and, if appropriate, the
Compensation for Preconstruction Services shall be equitably adjusted for additional
costs or time needed resulting from Laws enacted after the date of this Agreement,
including taxes.
viii. COST OF CORRECTING DAMAGED OR DESTROYED WORK: With regard to damage or loss
attributable to the acts or omissions of City or Others and not to Construction Manager, City may
either (a) promptly remedy the damage or loss and assume affected warranty responsibilities, (b)
accept the damage or loss, or (c) issue a Change Order to remedy the damage or loss. If
Construction Manager incurs costs or is delayed due to such loss or damage, Construction
Manager may seek an equitable adjustment in the GMP, estimated Cost of the Work,
Construction Manager's Fee, Date of Substantial Completion or Date of Final Completion, and, if
appropriate, the Compensation for Preconstruction Services under this Agreement. Any
equitable adjustment shall be approved by all parties.
ix. Taxes and Permits: Construction Manager shall give public authorities all notices required by law
and shall obtain and pay for all necessary permits, licenses, and renewals pertaining to the Work.
Construction Manager shall provide to City copies of all notices, permits, licenses, and renewals
required under this Agreement.
1. Construction Manager shall pay applicable taxes associated with the entire project.
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 and every
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 prior written consent of the other Party. The terms and conditions of this
Agreement shall be binding upon all Parties, their partners, successors, assigns, and legal
representatives. No Party shall assign the Agreement without prior 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.
RFQ 20-09, Construction Manager at Risk for Maple Street Improvements
Page 3 of 23
Last Revised 8.27.20
xvi. In case of conflicts between the drawings and specifications, the specifications and not qualified
in CMAR's construction GMP Proposal 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.
d. "Contract Time" is the period between the Date of Notice to Proceed and the total time authorized to
achieve Final Completion.
e. "Cost of the Work" means the total costs and discounts charged to the City. Cost of the Work will be
based on fixed Unit Prices and Measured Unit Prices either competitively bid or negotiated as self -
performed items in good faith (e.g. General Conditions, Dust Control, or other control type items).
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.
RFQ 20-09, Construction Manager at Risk for Maple Street Improvements
Page 4 of 23
Last Revised 8.27.20
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. "Fee" is the CMAR's profit.
k. "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.
I. "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.
m. "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.
n. "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.
o. "Others" means City's other: (a) contractors/constructors, (b) suppliers, (c) sub -contractors, sub -
subcontractors, or suppliers of (a) and (b); and others employed directly or indirectly by (a), (b), or (c) or
any by any of them or for whose acts any of them may be liable.
p. "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.
q. "Owner" is the City of Fayetteville, Arkansas (City).
r. 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.
s. The "Parties" are collectively City and CMAR.
t. The "Project," is the building, facility, or other improvements for which CMAR is to perform Work under
this Agreement. It may also include construction by Owner or Others.
u. 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.
v. "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.
w. "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.
x. A "Sub -subcontractor" is a person or entity who has an agreement with a Subcontractor or another sub -
subcontractor or Supplier to perform a portion of the Subcontractor's Work or supply material or
equipment.
RFQ 20-09, Construction Manager at Risk for Maple Street Improvements
Page 5 of 23
Last Revised 8.27.20
y. A "Supplier' is a person or entity retained by CMAR or subcontractor to provide material or equipment
for the Work.
z. "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.
aa. "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.
bb. "Worksite" means the area of the Project where the Work is to be performed.
cc. "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, City shall promptly inform
Construction Manager what action, if any, Construction Manager shall take with regard to the defect.
c. Nothing in this section shall relieve CMAR of responsibility for its own errors, inconsistencies, or
omissions.
d. COST REPORTING: Construction Manager shall maintain complete, accurate, and current records that
comply with generally accepted accounting principles and calculate the proper financial management
under this Agreement. Construction Manager shall maintain a complete set of all books and records
prepared or used by Construction Manager with respect to the Project. City shall be afforded access to all
of Construction Manager's records, books, correspondence, instructions, drawings, receipts, vouchers,
memoranda, and similar data relating to this Agreement. Construction Manager shall preserve all such
records for a period of three years after the final payment or longer where required by Law.
7. Warranty
a. Construction Manager warrants all materials and equipment furnished under the Construction Phase of
this Agreement will be new unless otherwise specified, of good quality, in conformance with the Contract
Documents, and free from defective workmanship and materials. At City or Design Professional request,
Construction Manager shall furnish satisfactory evidence of the quality and type of materials and
equipment furnished. Construction Manager further warrants all Work shall be free from material defects
not intrinsic in the design or materials required in the Contract Documents. Construction Manager's
warranty does not include remedies for defects or damages caused by normal wear and tear during
normal usage beyond the warranty period, use for a purpose for which the Project was not intended,
RFQ 20-09, Construction Manager at Risk for Maple Street Improvements
Page 6 of 23
Last Revised 8.27.20
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.
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 One Year
If before Substantial Completion or within one -years after the date of Final Completion of the
Work any Defective Work is found, City shall promptly notify Construction Manager in writing.
Unless City provides written acceptance of the condition, Construction Manager shall promptly
correct the Defective Work at its own cost and time and bear the expense of additional services
required for correction of any Defective Work for which it is responsible. If within the one-year
correction period City discovers and does not promptly notify Construction Manager or give
Construction Manager an opportunity to test or correct Defective Work as reasonably requested
by Construction Manager, City waives Construction Manager's obligation to correct that
Defective Work as well as City's right to claim a breach of the warranty with respect to that
Defective Work.
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 one-year correction period shall be determined by the Law. If, after the one-
year correction period but before the applicable limitation period has expired, City discovers any
Work which City considers Defective Work, City shall, unless the Defective Work requires
emergency correction, promptly notify Construction Manager and allow Construction Manager
an opportunity to correct the Work if Construction Manager elects to do so. If Construction
Manager elects to correct the Work it shall provide written notice of such intent within fourteen
(14) Days of its receipt of notice from City and shall complete the correction of Work within a
mutually agreed timeframe. If Construction Manager does not elect to correct the Work, City may
have the Work corrected by itself or Others, and, if City intends to seek recovery of those costs
from Construction Manager, City shall promptly provide Construction Manager with an
accounting of the actual correction costs.
iv. If Construction Manager's correction or removal of Defective Work causes damage to or destroys
other completed or partially completed work or existing building, Construction Manager shall be
responsible for the cost of correcting the destroyed or damaged property.
RFQ 20-09, Construction Manager at Risk for Maple Street Improvements
Page 7 of 23
Last Revised 8.27.20
v. The one-year period for correction of Defective Work does not constitute a limitation period with
respect to the enforcement of Construction Manager's other obligations under the Contract
Documents.
vi. Before final payment, at City option and with Construction Manager's agreement, City may elect
to accept Defective Work rather than require its removal and correction. In such cases the GMP
shall be equitably adjusted for any diminution in the value, as determined by City, of the Project
caused by such Defective Work.
8. Safety of Persons and Property
a. SAFETY PROGRAMS: Construction Manager holds overall responsibility for safety programs. However,
such obligation does not relieve Subcontractors of their safety responsibilities and to comply with the
Law. Construction Manager shall prevent against injury, loss, or damage to persons or property by taking
reasonable steps to protect: (a) its employees and other persons at the Worksite; (b) materials and
equipment stored at onsite or offsite locations for use in performing the Work; and (c) property located
at the Worksite and adjacent to work areas, whether or not the property is part of the Worksite.
b. CONSTRUCTION MANAGER'S SAFETY REPRESENTATIVE: Construction Manager shall designate an
individual at the Worksite in its employ as its safety representative. Unless otherwise identified by
Construction Manager in writing to City, Construction Manager's project superintendent shall serve as its
safety representative. Construction Manager shall report promptly in writing all recordable accidents and
injuries occurring at the Worksite. When Construction Manager is required to file an accident report with
a public authority, Construction Manager shall furnish a copy of the report to City.
Construction Manager shall provide City with copies of all notices required of Construction Manager by
the Law. Construction Manager's safety program shall comply with the requirements of governmental
and quasi -governmental authorities having jurisdiction.
i. Damage or loss not insured under property insurance that may arise from the Work, to the extent
caused by negligent or intentionally wrongful acts or omissions of Construction Manager, or
anyone for whose acts Construction Manager may be liable, shall be promptly remedied by
Construction Manager.
d. If City deems any part of the Work or Worksite unsafe, City, without assuming responsibility for
Construction Manager's safety program, may require Construction Manager to stop performance of the
Work, take corrective measures satisfactory to City. If Construction Manager does not adopt corrective
measures, City may perform them and deduct their cost from the GMP. Construction Manager agrees to
make no claim for damages, or an increase in the GMP, or for a change in the Dates of Substantial or Final
Completion based on Construction Manager's compliance with City's reasonable request.
9. Subcontracts:
a. BINDING OF SUBCONTRACTORS AND SUPPLIERS: Construction Manager agrees to bind every
Subcontractor and Supplier, and require every Subcontractor to so bind its subcontractors and significant
supplier, to the Contract Documents as they apply to the Subcontractor's or Supplier's applicable
provisions to that portion of the Work.
b. Construction Manager agrees not to subcontract construction manager at risk related services without
prior written consent from the City.
RFQ 20-09, Construction Manager at Risk for Maple Street Improvements
Page 8 of 23
Last Revised 8.27.20
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 $52,720.00 US Dollars. Fees
shall be paid to the CMAR from the City based Lump Sum basis as described in Appendix B.
c. Phase 2: Guaranteed Maximum Price (GMP) for the construction of Maple Street Improvements
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:
suggest modifications to the GMP Proposal
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.
2. Salaries of Construction Manager's employees when stationed at the field office, in
whatever capacity employed, employees engaged on the road expediting the production
or transportation of material and equipment, and employees from the principal or
branch office as mutually agreed by the Parties in writing.
3. Cost of all employee benefits and taxes, including but not limited to, workers'
compensation, unemployment compensation, social security, health, welfare, retirement,
and other fringe benefits as required by law, labor agreements, or paid under
Construction Manager's standard personnel policy, insofar as such costs are paid to
employees of Construction Manager who are included in the Cost of the Work.
4. Transportation, travel, hotel, and moving expenses of Construction Manager's personnel
incurred in connection with the Work.
RFQ 20-09, Construction Manager at Risk for Maple Street Improvements
Page 9 of 23
Last Revised 8.27.20
5. Cost of all materials, supplies, and equipment incorporated in the Work, including costs
of inspection and testing if not provided by City, transportation, storage, and handling.
6. Payments made by Construction Manager to Subcontractors for work performed under
this Agreement.
7. Cost, including transportation and maintenance of all materials, supplies, equipment,
temporary facilities, and hand tools not owned by the workers that are used or
consumed in the performance of the Work, less salvage value or residual value; and cost
less salvage value on such items used, but not consumed that remain the property of
Construction Manager.
8. Rental charges of all necessary machinery and equipment, exclusive of hand tools owned
by workers, used at the Worksite, whether rented from Construction Manager or others,
including installation, repair, and replacement, dismantling, removal, maintenance,
transportation, and delivery costs at competitive market rates.
9. Cost of the premiums for all insurance and surety, performance or payment bonds which
Construction Manager is required to procure or deems necessary and approved by City
including any additional premium incurred as a result of any increase in the GMP at fixed
rates approved by the City.
10. Sales, use, gross receipts, or other taxes, tariffs, or duties related to the Work for which
Construction Manager is liable.
11. Permits, taxes, fees, licenses, tests, royalties.
12. Losses, expenses, or damages to the extent not compensated by insurance or otherwise,
and the cost of corrective work during the Construction Phase and for the warranty
period.
13. Costs associated with establishing, equipping, operating, maintaining, mobilizing and
demobilizing the field office.
14. Water, power, and fuel costs necessary for the Work.
15. Cost of removal of all nonhazardous substances, debris, and waste materials.
16. Costs incurred due to an emergency affecting the safety of persons or property.
17. Costs directly incurred in the performance of the Work or in connection with the Project,
and not included in Construction Manager's Fee, which are reasonably inferable from the
Contract Documents.
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.
RFQ 20-09, Construction Manager at Risk for Maple Street Improvements
Page 10 of 23
Last Revised 8.27.20
Final amounts shall be identified with a Change Order, pursuant to agreement of all parties of a
Guaranteed Maximum Price.
e. Pre -Construction Services shall be paid per Appendix B.
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.
STORED MATERIALS AND EQUIPMENT: Unless otherwise provided in the contract documents,
applications for payment may include materials and equipment not yet incorporated into the Work but
delivered to and suitably stored onsite or offsite including applicable insurance, storage, and costs
incurred transporting the materials to an offsite storage facility. Approval of payment applications for
stored materials and equipment stored offsite shall be conditioned on a submission by Construction
Manager of bills of sale and proof of required insurance, or such other documentation satisfactory to City
to establish the proper valuation of the stored materials and equipment, City's title to such materials and
equipment, and to otherwise protect City's interests therein, including transportation to the Worksite.
Materials and equipment stored offsite shall be in a bonded and insured secure facility.
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 have 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.
RFQ 20-09, Construction Manager at Risk for Maple Street Improvements
Page 11 of 23
Last Revised 8.27.20
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.
d. Bond will not be required for Phase 1 Pre -Construction Services.
12. Time:
a. SUBSTANTIAL and FINAL COMPLETION: Date of Substantial Completion and the Date of Final Completion
shall be established in a GMP Change Order to this Agreement (GMP) as a hard not to exceed date. If
such dates are not established upon the execution of this Agreement, at such time as GMP is accepted a
Date of Substantial Completion and Date of Final Completion of the Work shall be established in a GMP
Change Order.
b. Time is of the essence with 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.
d. Schedule of Work: Before submitting its first application for payment, Construction Manager shall submit
to City and, if directed, Design Professional a Schedule of the Work showing the dates on which
Construction Manager plans to begin and complete various parts of the Work, including dates on which
information and approvals are required from City. Except as otherwise directed by City, Construction
Manager shall comply with the approved Schedule of the Work or Construction Manager.
i. Unless otherwise agreed, the Schedule of the Work shall be formatted in a detailed precedence -
style critical path method that (a) provides a graphic representation of all activities and events,
including float values that will affect the critical path of the Work, and (b) identifies dates that are
critical to ensure timely and orderly completion of the Work.
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.
RFQ 20-09, Construction Manager at Risk for Maple Street Improvements
Page 12 of 23
Last Revised 8.27.20
f. MONITORING PROGRESS AND COSTS: Following acceptance by City of the GMP, Construction Manager
shall establish a process for monitoring actual costs against the GMP and actual progress against the
Schedule of. Work. Construction Manager shall provide written reports to City at intervals as agreed to by
all Parties on the status of the Work, showing variances between actual costs and the GMP and actual
progress as compared to the Schedule of Work, including estimates of future costs and recovery
programs if actual progress indicates that the Dates of Substantial Completion or Final Completion may
not be met.
13. Substantial Completion:
a. Construction Manager shall notify City and, if directed, Design Professional when it considers Substantial
Completion of the Work or a designated portion to have been achieved. City, with the assistance of its
Design Professional, shall promptly conduct an inspection to determine whether the Work or designated
portion can be occupied or used for its intended use by City without excessive interference in completing
any remaining unfinished Work. If City determines the Work or designated portion has not reached
Substantial Completion, City, with the assistance of its Design Professional, shall promptly compile a list of
items to be completed or corrected so City may occupy or use the Work or designated portion for its
intended use. Construction Manager shall promptly and accurately complete all items on the list.
b. When Substantial Completion of the Work or a designated portion is achieved, Construction Manager
shall prepare a Certificate of Substantial Completion establishing the date of Substantial Completion and
the respective responsibilities of each Party for interim items such as security, maintenance, utilities,
insurance, and damage to the Work, and fixing the time for completion of all items on the list
accompanying the Certificate. The Certificate of Substantial Completion shall be submitted by
Construction Manager to City and, if directed, to Design Professional for written acceptance of
responsibilities assigned in the Certificate of Substantial Completion.
c. Unless otherwise provided in the Certificate of Substantial Completion, warranties required by the
Contract Documents shall commence on the date of Substantial Completion of the Work or a designated
portion.
d. Upon City's written acceptance of the Certificate of Substantial Completion, City shall pay to Construction
Manager the remaining retainage held by City for the Work described in the Certificate of Substantial
Completion less a sum equal to one hundred and fifty percent (150%) of the estimated cost of completing
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.
RFQ 20-09, Construction Manager at Risk for Maple Street Improvements
Page 13 of 23
Last Revised 8.27.20
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;
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.
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 ( name of surety V
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:
RFQ 20-09, Construction Manager at Risk for Maple Street Improvements
Page 14 of 23
Last Revised 8.27.20
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 a fee (to be determined in future change order) per calendar day as
liquidated damages and not as a penalty for each Day that Substantial Completion extends
beyond the Substantial Completion date. (not applicable to Pre -Construction Services)
16. Notices: Any notice required to be given under this Agreement to either party to the other shall be sufficient if
addressed and mailed, certified mail, postage paid, delivery, fax or e-mail (receipt confirmed), or overnight
courier.
17. Jurisdiction: Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law applying to the case.
18. Venue: Venue for all legal disputes shall be Washington County, Arkansas.
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 limits of liability presented in Appendix E.
b. Employers' Liability, Business Automobile Liability, and CGL coverages required may be provided by a
single policy for the full limits required or by a combination of underlying policies with the balance
provided by excess or umbrella liability policies.
c. Construction Manager shall maintain in effect all insurance coverage required with insurance companies
lawfully authorized to do business in the jurisdiction in which the Project is located. If Construction
Manager fails to obtain or maintain any insurance coverage required under this Agreement, City may
purchase such coverage and charge the expense to Construction Manager, or terminate this Agreement.
d. To the extent commercially available to Construction Manager from its current insurance company,
insurance policies required shall contain a provision that the insurance company or its designee shall give
City written notice transmitted in paper and electronic format: (a) 30 Days before coverage is
nonrenewed by the insurance company and (b) within 10 Business Days after cancelation of coverage by
the insurance company. Before commencing the Work and upon renewal or replacement of the
RFQ 20-09, Construction Manager at Risk for Maple Street Improvements
Page 15 of 23
Last Revised 8.27.20
insurance policies, Construction Manager shall furnish City with certificates of insurance until one year
after Substantial Completion or longer if required by the Contract Documents. In addition, if any
insurance policy required is not to be immediately replaced without lapse in coverage when it expires,
exhausts its limits, or is to be cancelled, Construction Manager shall give City prompt written notice upon
actual or constructive knowledge of such condition.
e. Certificates of Insurance shall list the City as Additional Insured Parties.
f. PROPERTY INSURANCE:
i. At no time shall any policy be covered by self-insurance or in a self -insured format. All policies
shall be covered by an approved commercial insurance professional properly licensed to do
business in Arkansas.
ii. Unless otherwise directed in writing by City, before starting the Work, CMAR shall obtain and
maintain a Builder's Risk Policy upon the entire Project for the full cost of replacement at the time
of loss, including existing structures. This insurance shall also (a) name Construction Manager,
Subcontractors, 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;
S. 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,
RFQ 20-09, Construction Manager at Risk for Maple Street Improvements
Page 16 of 23
Last Revised 8.27.20
whichever is sooner. Partial occupancy or use of the Work shall not commence until City has
secured the consent of the insurance company or companies providing the coverage required in
this subsection. Before commencing the Work, City shall provide a copy of the property policy or
policies obtained.
iv. If City elects to purchase the property insurance required by this Agreement, including all of the
coverages and deductibles for the same durations specified, City shall give written notice to
Construction Manager before the Work is commenced and provide a copy of the property policy
or policies obtained in compliance with this agreement. City may then provide insurance to
protect its interests and the interests of the Constructor, Subcontractors, Suppliers, and
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.
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.
g. RISK OF LOSS: Except to the extent a loss is covered by applicable insurance, risk of loss from damage to
the Work shall be upon the Party obtaining and maintaining the Builder's Risk until the Date of Final
Completion.
h. ADDITIONAL GENERAL LIABILITY COVERAGE: City shall require Construction Manager to purchase and
maintain additional liability coverage. Construction Manager shall provide:
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.
RFQ 20-09, Construction Manager at Risk for Maple Street Improvements
Page 17 of 23
Last Revised 8.27.20
ii. OCP. Construction Manager shall provide an Owners' and Contractors' Protective Liability
Insurance ("OCP") policy with limits equal to the limits on CGL specified, or limits as otherwise
required by Owner.
i. Any documented additional cost in the form of a surcharge associated with procuring the additional
liability coverage in accordance with this subsection shall be paid by CMAR. Before commencing the
Work, Construction Manager shall provide either a copy of the OCP policy, or a certificate and
endorsement evidencing that City has been named as an additional insured, as applicable.
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.
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 representatives with respect to the
services to be performed under this Agreement. The Facilities Director Representative shall have
complete authority to transmit instructions, receive information, interpret and define policies and
decisions with respect to materials, equipment, elements and systems to be used in the Project,
and other matters pertinent to the services covered by this Agreement.
RFQ 20-09, Construction Manager at Risk for Maple Street Improvements
Page 18 of 23
Last Revised 8.27.20
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 effected by CITY OF FAYETTEVILLE, an equitable adjustment in the price
provided for in this Agreement shall be made, but
i. No amount shall be allowed for anticipated profit on unperformed services or other work,
ii. Any payment due to CMAR at the time of termination may be adjusted to cover any additional
costs to CITY OF FAYETTEVILLE because of CMAR's default.
d. If termination for default is effected by CMAR, or if termination for convenience is effected by CITY OF
FAYETTEVILLE, 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 20-09, Construction Manager at Risk for Maple Street Improvements
Page 19 of 23
Last Revised 8.27.20
convenience of CITY OF FAYETTEVILLE. In such event, adjustments of the agreement price shall be made
as provided in this agreement.
27. Delays
a. In the event the services of CMAR are suspended or delayed by CITY OF FAYETTEVILLE, or by other events
beyond CMAR's reasonable control, CMAR shall be entitled to additional compensation and time for
reasonable documented costs incurred by CMAR in temporarily closing down or delaying the Project.
b. In the event the services are suspended or delayed by CMAR, CITY shall be entitled to compensation and
time for reasonable costs incurred in temporarily closing down or delaying the Project.
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 or
CMAR shall give the other party 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 or her
designee. These officers shall meet at the Project Site or such other location as is agreed upon
within 30 calendar days of the written request to resolve the dispute.
30. Sufficient Funds: The CITY represents to have sufficient funds or the means of obtaining funds to remit payment
to CMAR for services rendered by CMAR. All parties agree if funding should become insufficient to complete the
project, CMAR shall be notified in a timely manner.
31. Publications:
RFQ 20-09, Construction Manager at Risk for Maple Street Improvements
Page 20 of 23
Last Revised 8.27.20
a. Recognizing the importance of professional services on the part of CMAR's employees and the
importance of CMAR's public relations, CMAR may prepare publications, such as technical papers, articles
for periodicals, promotional materials, and press releases, in electronic or other format, pertaining to
CMAR's services for the Project. Such publications will be provided to CITY OF FAYETTEVILLE in draft form
for CITY OF FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and
provide CITY OF FAYETTEVILLE's comments to CMAR, CITY OF FAYETTEVILLE may require deletion of
proprietary data or confidential information from such publications, but otherwise CITY OF FAYETTEVILLE
will not unreasonably withhold approval. Approved materials may be used in a variety of situations and
do not require additional review or approval for each use. The cost of CMAR's activities pertaining to any
such publication shall be for CMAR's account.
32. Indemnification:
a. Each Party agrees to indemnify, defend and hold harmless the other Party 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 Party, or their
employees, agents, Subcontractors, sub consultant and Suppliers of the Party.
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:
a. Review, approval, or acceptance of design drawings, specifications, reports and other services furnished
hereunder by CITY shall not in any way relieve CMAR of responsibility for the technical adequacy of the
work. Review, approval or acceptance of, or payment for any of the services by CITY shall not be
construed as a waiver of any rights under this Agreement or of any cause of action arising out of the
performance of this Agreement.
b. CMAR shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF
FAYETTEVILLE caused by CMAR's negligent performance, except beyond the CMAR's normal standard of
care, of any of the services furnished under this Agreement, and except for errors, omissions or other
deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE-furnished data.
c. CMAR's obligations under this clause are in addition to CMAR's other express or implied assurances under
this Agreement or State law and in no way diminish any other rights that CITY OF FAYETTEVILLE may have
against CMAR for faulty materials, equipment, or work.
RFQ 20-09, Construction Manager at Risk for Maple Street Improvements
Page 21 of 23
Last Revised 8.27.20
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.
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
RFQ 20-09, Construction Manager at Risk for Maple Street Improvements
Page 22 of 23
Last Revised 8.27.20
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 whkh 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. N/A
IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSASS by and through its Mayor, and EMERY SAPP & SONS, INC by its
authorized officer have made and executed this Agreement as of the day and year first above written.
EMERY SAPP & SONS, INC
— By:
Billy WalWAsistant Vice President
Re
ATTEST: �`��G' G\1 Y OA .061 10
"n
By: FAYETTEVILLE
Kara Paxton, City ClerkNA NS
Date Signed: Date Signed
S -27 - zo
END OF AGREEMENT FOR PROFESSIONAL CONSTRUCTION MANAGER AT RISK SERVICES
RFQ 20-09, Construction Manager at Risk for Maple Street Improvements
Page 23 of 23
Last Revised 8.26.20
APPENDIX A - SCOPE OF SERVICES
CONSTRUCTION MANAGER AT RISK SERVICES
FOR THE CONSTRUCTION OF MAPLE STREET IMPROVEMENTS
1. General Conditions
a. CMAR shall provide construction management at risk (CMAR) services for the
reconstruction of 2,500 linear feet Maple Street from Gregg Avenue to Garland Avenue
for the City of Fayetteville. The project includes storm drainage, sidewalks, protected
bike lane, enhanced crosswalks, turn lanes, new traffic signals, street lighting and
landscaping.
b. The City of Fayetteville has selected an Olsson, Inc. to serve as the lead design
professional for this project.
c. Project funding: The total project funding is to be split by the University of Arkansas and
City of Fayetteville and other funding sources.
2. Construction Manager's (CMAR) Responsibilities:
a. General Responsibilities
i. Provide industry standard construction manager services, including but not limited to
development of costs, identifying potential design changes which could result in cost
savings or energy efficiency, interact with the design team for review of documents, etc.
ii. 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. (Not applicable to Phase 1 Pre -Construction Services)
iii. Construction Manager represents that it is an independent contractor and that it is
familiar with the type of work required by this Agreement.
iv. 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. (Not applicable to
Phase 1 Pre -Construction Services)
v. 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 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
among persons performing the Work. If City determines a person(s) does not follow
Contract for Construction Manager at Risk Services — Maple Street Improvements
Appendix A - SCOPE OF SERVICES
Page 1 of S, Last Updated: 8.26.20
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.
3. Phase 1: General Pre -Construction Services
a. Design Development Phase
i. CMAR shall assist Olsson to develop cost estimates for the most current design
set and specifications.
ii. Provide industry standard construction manager services, including but not
limited to: development of costs, identifying potential design changes which could
result in cost savings or construction efficiencies, interact with the design team
for review of documents, etc.
iii. Coordinate with Olsson on Final Design Document sets, Final Specifications and
Cost Estimate and Schedule to present to the Design Team. (90% plan review).
1. After receiving 90% design review comments, meet with applicable City
and U of A Staff to resolve comments
2. Assist Olsson in responding in writing to all City and U of A comments on
plans
3. Assist Olsson in coordinating with City -owned utilities, U of A utilities,
private utilities, and service providers
iv. Budget Validation
v. Construction Documents Phase
1. Review Construction Documents/Plans and Specifications. Olsson will
submit construction document sets to the design team and the
Construction Manager, and electronic versions as necessary, for review,
cost analysis and approval. (100% plan review).
2. Attend follow up meetings with the design team.
3. Provide guidance to Olsson to find efficient solutions to the plans to
reflect issues noted the design team, inclusive of any necessary redesign
prompted from the permit process.
4. Construction Documents/Plans, Specifications and Project Drawings shall
be routed through the City of Fayetteville and University of Arkansas for
required approvals.
5. Assist Olsson in responding in writing to all Design Team comments on
plans.
6. Assist Olsson and the City with the bid form and identify all separate trade
packages.
Contract for Construction Manager at Risk Services — Maple Street Improvements
Appendix A - SCOPE OF SERVICES
Page 2 of 5, Last Updated: 8.26.20
7. Facilitate with Olsson and the Design Team in conducting cost -benefit
analyses to understand construction costs, life -cycle cost impacts and
long-term maintenance costs.
8. Coordinate with the design team to create plans for closure and detour of
both pedestrian and street zones based on construction phasing.
vi. Bid Phase
1. Coordinate with City Purchasing Division to ensure all procedures followed
for this phase meet state laws and City of Fayetteville Purchasing Policies.
2. Provide services for reproduction and dissemination of bid sets (project
manual and stamped drawings) to the City Design Team [PM (1),
Purchasing (1) and interested bidders]. Documents should be made
available to any interested party electronically at no cost.
3. Provide distribution of plans to all interested parties.
a. Maintain open communication with the City of Fayetteville
Purchasing Division throughout the bidding process.
b. Distribution of all documents shall be done in a fair and unbiased
manner while keeping all interested parties on equal terms.
c. Document and keep an updated accurate record of plan holder's
and provide updated listings to all interested parties in a timely
manner.
d. Answers to questions and inquiries shall be made in the form of an
addendum and shall be provided to all interested parties at the
same time.
4. Coordinate with City Purchasing Division during pre -bid meeting, facilitate
and attend the Bid Opening.
S. Maintain open communication with the City Purchasing Division during
any process involving Request for Information (RFI).
6. Any addenda shall be provided to the Purchasing Division for review and
approval in advance of issuance. Bidders, interested parties, and plan
holders shall receive all information included in addenda at the time
addenda is issued.
7. In the event the CMAR desires to self -perform a portion of the work or a
trade package, the CMAR shall submit a bid package in the same time and
manner as other interested parties.
8. In an effort to facilitate the bid opening in a vendor neutral space, the bid
opening shall be held at the City of Fayetteville Administration Building,
City Hall, at a time and date coordinated in advance with the City
Purchasing Division.
9. Assist with the design of all Bid Proposals.
10. Review Olsson's Recommendation of Award Letter that includes the
following required content (and assist with):
a. Check for math errors and reconcile any mathematical
discrepancies,
Contract for Construction Manager at Risk Services — Maple Street Improvements
Appendix A - SCOPE OF SERVICES
Page 3 of S, Last Updated: 8.26.20
b. Review for unbalance bid items,
c. Coordinate with the City Purchasing Division in finalizing a Certified
Bid Tabulation including Engineer's estimate,
d. Review of contractor's financial standing and references provided,
e. Explanation of discrepancies between the Engineer's estimate and
bids, and
f. Meet with the City to provide a formal written recommendation of
award.
11. Attend City Council meeting(s) for the recommendation for award of
Contract(s) for Construction.
4. Phase 2 (applicable upon successful change order authorized by all parties) CMAR Services with a
Guaranteed Maximum Price (GMP):
a. Construction Administration
i. Put forth diligent and fiscally responsible efforts to ensure the project will be
completed on time and within budget.
ii. Attend Pre -Construction meeting and conduct regular update meetings as jointly
determined by the Design Team and contracted construction companies.
iii. Coordinate with Olsson and the Design Team on all Request for Change Proposals,
Change Orders, etc. including maintaining a log of all such documents.
iv. The City of Fayetteville and the University of Arkansas intends to provide regular
construction administration services. Olsson will provide field services, progress
meetings, and progress payment review and assistance on a bi-monthly basis.
v. Review site visit report from the Olsson, City of Fayetteville and University of
Arkansas staff team at least twice (2) per month.
vi. Coordinate with the Design Team to conduct Substantial Completion Inspection,
coordinate with architect to create punch list, substantiate that items noted are
completed, and issue Substantial Completion Certificate.
vii. The Design Team shall be notified to attend all on -site meetings, review and
approve all pay requests, and change order review prior to Mayor's approval.
viii. Coordinate with the design team to create plans for closure and detour of both
pedestrian and street zones based on construction phasing.
a. Project Close Out
i. Provide Warranty Services during the entire Warranty Period. Olsson to issue
Warranty Reports and review items after the CM has notified the City that these
items are complete.
ii. Provide support services as needed during the project close out process.
iii. Provide close out submittal to Olsson for completeness before transmitting to the
City which include but are not limited to:
1. Contractor's red lines and as -built notes
2. Provide as -Built record drawings noting any changes to the plans prepared
by Olsson (in hard copy and digital format)
Contract for Construction Manager at Risk Services — Maple Street Improvements
Appendix A - SCOPE OF SERVICES
Page 4 of 5, Last Updated: 8.26.20
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.
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.
e. AutoCAD File
CMAR Fee Schedule: Refer to Appendix B
Contract for Construction Manager at Risk Services — Maple Street Improvements
Appendix A - SCOPE OF SERVICES
Page 5 of 5, Last Updated: 8.26.20
APPENDIX B— CMAR FEE SCHEDULE
CONSTRUCTION MANAGER ATRISKSERVICES
FOR THE MAPLE STREET IMPROVEMENTS
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 $52,720.00. This includes an amount of $42,220.00 for the Phase 1 General Pre -
Construction Services listed in Appendix A along with an allowance of $10,500.00 for
potholing with a Hydro -Excavator for up to 30 hours.
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. The following, if required, shall be reimbursable costs: permits and 3'd party investigations.
e. If the Preconstruction Phase services covered by this Agreement have not been completed within
(180) 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 equitably
adjusted.
f. The Fee for Preconstruction Phase Services shall be invoiced as follows:
i. 50% upon completion of Design Development Estimate
ii. 50% upon completion of Bidding Phase
g. Rates are as follows:
i. Project Director $120.00/hr
ii. Preconstruction Manager $95.00/hr
iii. General Superintendent $9S.00/hr
iv. Superintendent $90.00/hr
v. Project Manager $85.00/hr
vi. Chief Estimator $85.00/hr
vii. Project Scheduler $80.00/hr
viii.Safety Manager $75.00/hr
ix. Assistant Project Manager $70.00/hr
x. Estimator $65.00/hr
xi. Cost Control Manager $5S.00/hr
xii. Admin/Clerk $35.00/hr
xiii. Landscape Consultant $100.00/hr
xiv. Operated Hydro -Excavator $3S0.00/hr (5-hour Min.)
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.
Contract for Construction Manager at Risk Services — Maple Street Improvements
Appendix B — CMAR Fee Schedule
Page 1 of 1, Last Updated: 8.27.20
.� FA7ETTEYILLE
AAKANlAi
RFQ 20-09, CMAR for Maple Street
Improvements - RFQ 20-09, CMAR for Maple
Street Improvements
Project Overview
Project Details
Reference ID RFQ 20-09, CMAR for Maple Street Improvements
Project Name RFQ 20-09, CMAR for Maple Street Improvements
Project Owner Andrea Foren
Project Type RFSQ
Department Purchasing
Project Description CMAR for Maple Street Improvements
Open Date May 31, 2020 12:00 AM CDT
Close Date Jun 25. 2020 2:00 PM CDT
Highest Scoring Supplier
Score
Emery Sapp & Sons, Inc. 96 pts
.� FAY lTTlYlll!
ARKAKMS
Seal status
Requested Information
RFQ 20-09. City Forms
Proposal
Unsealed on
Jul 01, 2020 4:40 PM CDT
Jul 01, 2020 4:40 PM CDT
AR Secretary of State Filing # Jul 01.. 2020 4:40 PM CDT
Arkansas Contractor's License
Pursuant Arkansas Code
Annotated §25-1-503, the
Contractor agrees and certifies
that they do not currently
boycott Israel and will not
boycott Israel during any time
in which they are entering into,
or while in contract, with any
public entity as defined in §25-
1-503. If at any time during
contract the contractor decides
to boycott Israel, the contractor
must notify the contracted
public entity in writing.
Jul 01. 2020 4:40 PM CDT
Jul 01, 2020 4:40 PM CDT
Unsealed by
Les McGaugh
Les McGaugh
Les McGaugh
Les McGaugh
Les McGaugh
Submissions
Supplier
Nabholz Construction
Emery Sapp & Sons. Inc.
Crossland Heavy
Contractors
Date Submitted Name Email
Jun 25, 2020 10:16 AM
CDT Aimee Wynn aimee.wynn@nabholz.com
Jun 25. 2020 12:50 PM
CDT Billy Wallis billy.wallis@emerysapp.com
Jun 25, 2020 10:00 AM Jordan Wehmeier jehmeier@heavycontractors.com
CDT
Confirmation Code
ODcONTI=
ODcl Mjl=
ODcONDM=
�' -.YEwttEVILLS
Scoring Summary
Active Submissions
Supplier
Emery Sapp & Sons.
Inc.
Nabholz Construction
Crossland Heavy
Contractors
Total
/ 100 pts
96 pts
90.2 pts
83.6 pts
Specialized
experience and Capacity and
technical capability of the firm
competence of the
firm
/ 30 pts ! 25 pts
29 pts
26 pts
24 pts
24 pts
20 pts
20 pts
Past record of
performance
126 pts
25 pts
24.2 pts
22 pts
Firm's proximity to
and familiarity with
the area in which the
project is located
/ 20 pts
18 pts
20 pts
17.6 pts
FAYETTEVILLE
ARICAM
AYKA itfAs
Signatures
Name
Andrea Foren
(Project Owner)
Les McGaugh
(Evaluator)
Signatures
Andrea
Digitally signed by
Andrea Foren
Foren
Date: 2020.08.03
16:16:57-05'00'
Les McGaugh Digitally signed by Les McGaugh
Date: 2020.07.30 11:19:42-05'00'
City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year Division Adjustment Number
/Org2 ENGINEERING (621)
2020
Requestor: M. Mihalevich
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
Staff recommends approval of a contract with Emery Sapp & Sons, Inc. who was selected by RFQ 20-09 to provide
Construction Manager at Risk (CMAR) services for the Maple Street Improvements in the not to exceed fee amount of
$52,720.00 plus a 10% contingency in the amount of $5,272 and approval of a budget adjustment.
RESOLUTION/ORDI NANCE
COUNCIL DATE: 9/15/2020
LEGISTAR FILE ID#: 2020-0721
Matthew Maddaw
812712020 7:35 AIM
Budget Director
TYPE:
JOURNAL #:
Date
D - (City Council)
GLDATE: 9/15/2020
CHKD/POSTED:
TOTAL
- _
v.20200820
Increase / (Decrease)
Proiect.Sub#
Account Number
Expense Revenue
Project Sub.Detl
AT
Account Name
4602.860.7215-5860.02
52,720
46020 7215
EX
Capital Prof Svcs - Engineering/Architects
4602.860.7215-5911.99
5,272 -
46020 7215
EX
Contingency -Capital Project
4602.860.7999-5899.00
(57,992) -
46020 7999
EX
Unallocated - Budget
H:\Budget Adjustments\2020_Budget\City Council\09-15-2020\2020-0721
BA Maple
Street Cycle Track 1 of 1