Loading...
HomeMy WebLinkAbout179-22 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 179-22 File Number: 2022-0690 RFQ 22-07 CROSSLAND HEAVY CONTRACTORS, INC.: A RESOLUTION TO AUTHORIZE A CONTRACT WITH CROSSLAND HEAVY CONTRACTORS, INC., PURSUANT TO RFQ 22-07, IN THE INITIAL AMOUNT OF $78,550.00, TO PROVIDE CONSTRUCTION MANAGER AT RISK SERVICES FOR THE MIDTOWN CORRIDOR PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a Contract with Crossland Heavy Contractors, Inc., pursuant to RFQ 22-07, in the initial amount of $78,550.00 to provide construction manager at risk services for the Midtown Corridor Project. 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 8/16/2022 Attest: gK 1TRF+ r, rr Fktl?ETGEVff LC; $' Kara Paxton, City Clerk Treasurer ; Page 1 Printed on 8118122 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0690 Agenda Date: 8/16/2022 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Resolution Agenda Number: A.5 RFQ 22-07 CROSSLAND HEAVY CONTRACTORS, INC.: A RESOLUTION TO AUTHORIZE A CONTRACT WITH CROSSLAND HEAVY CONTRACTORS, INC., PURSUANT TO RFQ 22-07, IN THE INITIAL AMOUNT OF $78,550.00, TO PROVIDE CONSTRUCTION MANAGER AT RISK SERVICES FOR THE MIDTOWN CORRIDOR PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a Contract with Crossland Heavy Contractors, Inc., pursuant to RFQ 22-07, in the initial amount of $78,550.00 to provide construction manager at risk services for the Midtown Corridor Project. 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 Printed on 811912022 Matt Casey Submitted By City of Fayetteville Staff Review Form 2022-0690 Legistar File ID 8/16/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/27/2022 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Staff recommends approval of a contract with Crossland Heavy Contractors, Inc who was selected by RFQ 22-07 to provide Construction Manager at Risk (CMAR) services for the Midtown Corridor Project in the not to exceed amount of $78,550.00 and approval of a budget adjustment. Budget Impact: 4602.860.7218-5809.00 Streets Projects - 2019 Bonds Account Number Fund 46020.7218.1020 Midtown Corridor - Deane and Sycamore Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? Yes Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 5,399,102.00 $ 5,054,192.56 344, 909.44 $ 78,550.00 $ 78,550.00 344,909.44 V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: —� CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 16, 2022 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director FROM: Matt Casey, Engineering Design Manager DATE: July 27, 2022 CITY COUNCIL MEMO SUBJECT: Midtown Corridor — Construction Manager at Risk Contract RECOMMENDATION: Staff recommends approval of a contract with Crossland Heavy Contractors, Inc who was selected by RFQ 22-07 to provide Construction Manager at Risk (CMAR) services for the Midtown Corridor Project in the not to exceed amount of $78,550.00 and approval of a budget adjustment. BACKGROUND: The Midtown Corridor is a project in the 2019 Transportation Bond Program and includes several different components. The corridor is 2.3 miles in length and runs in an east -west direction through a flat part of the middle of the city from 1-49 at Porter to College Avenue at Poplar Street. The project includes vehicular improvements to the intersection of Porter Road and 1-49 with a roundabout to improve the traffic flow for the large volume of traffic from the west of 1-49 turning onto the interstate heading north. Along Porter Road and Deane Street from the interstate to Garland Avenue the project includes street improvements with new turn lanes and drainage as well as separated pedestrian and bicycle facilities. The street, drainage pedestrian, and bicycle improvements will continue along Sycamore Street from Garland Avenue to the Razorback Greenway. From the Greenway to College Avenue, the project will include multi -use trail construction along the Poplar Street alignment. Finally, a connection to the south from Poplar Street to Gregory Park was included in the design. The first phase of this corridor included the improvements to Porter Road and Deane Street from 1-49 to the east side of the new fire station. The design for this phase was completed in January of 2022. In February of 2022, the City Council approved a change order with Flintco to include this phase in the Police Headquarters Project. Construction is currently underway and is expected to be complete in early 2023. DISCUSSION: The design for the remaining phases of the project is nearing completion by Olsson Associates. To prepare for the construction phase it is necessary to have a construction manager at risk on board to evaluate the final design, recommend localized construction methods and materials and to develop the construction costs. A request for qualifications was advertised and Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 qualifications were received from two construction management companies. On July 7, 2022 a selection committee composed of staff representatives from the City of Fayetteville along with one City Council member selected Crossland Heavy Contractors, Inc. for the construction management of the Midtown Corridor. The contract for consideration with this proposal consists of pre -construction services including working closely with Olsson 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 possible grant requests 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 costs associated with the construction of the Midtown Corridor for approval by the City Council. BUDGET/STAFF IMPACT: The corridor improvements are funded by the 2019 Transportation Bond Program. The current design contract with Olsson Associates is $1,332,971.40 of which $410,000 was paid by the Walton Family Foundation, $29,316.00 from the Police Headquarters Bond Fund and $893,655.40 from the Transportation Bond Fund. The current construction contract with Flintco for phase 1 is $4,169,565.00. This CMAR contract for $78,550.00 will be paid for from the Transportation Bond Fund. Attachments: CMAR Contract Site Exhibit ft CITY OF FAYETTEVILLE ARKANSAS CONTRACT FOR PROFESSIONAL SERVICES CONSTRUCTION MANAGER AT RISK RFQ 22-07, CMAR — Midtown Corridor between City of Fayetteville, Arkansas and Crossland Heavy Contractors, Inc. THIS AGREEMENT is made this�day of Am I I 5± 1 2022, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (he nafter called CITY OF FAYETTEVILLE or CITY) and Crossland Heavy Contractors, Inc. (construction manager at risk, hereinafter called CMAR, Construction Manager, or Crossland Heavy OR VENDOR), and CITY OF FAYETTEVILLE from time to time requires professional CMAR services in connection with the evaluation, design, and/or construction supervision of capital improvement projects. Therefore, CITY OF FAYETTEVILLE and CMAR in consideration of their mutual covenants agree as follows: CMAR shall serve as CITY OF FAYETTEVILLE's professional CMAR consultant in those assignments to which this Agreement applies and shall give consultation and advice to CITY OF FAYETTEVILLE during the performance of services defined in the scope of work. All services shall be performed under the direction of a CMAR registered in the State of Arkansas and licensed by the Arkansas Contractor's Licensing Board. 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. Crossland Heavy's Tax identification number (TIN) ending in 1853 ii. Crossland Heavy's Arkansas Contractor License No. 0067301122 iii. Crossland Heavy's Secretary of State Filing No. 100205582 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 RFQ 22-07, Construction Manager at Risk for Midtown Corridor Page 1 of 25 Last Revised 07.27.22 ii. Appendix B: CMAR Fee Schedule iii. Appendix C: RFQ 22-07, Construction Manager at Risk for Midtown Corridor iv. Appendix D: Crossland Heavy's Response to RFQ 22-07 v. Appendix E: Crossland Heavy's 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 amendments to this Agreement which are executed by all parties; (b) the Agreement; (c) CMAR's response to RFQ 22-07 (d) City's published RFQ 22-07 and associated Addenda and attachments. 3. Notices: Any notice required under this Agreement shall be in writing, address to the appropriate party at the following addresses: a. City of Fayetteville: Attention: Mayor Lioneld Jordan, 113 W. Mountain, Fayetteville, AR 72701 b. Crossland Heavy Contractors, Inc.: Attention: Dan Thompson, 501 S. East Ave., Columbus, KS 66725 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. RFQ 22-07, Construction Manager at Risk for Midtown Corridor Page 2 of 25 Last Revised 07.27.22 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. 1. CHANGES IN THE LAW: The GMP, estimated Cost of the Work, Construction Manager's Fee, Date of Substantial Completion or Date of Final Completion, and, if appropriate, the Compensation for Preconstruction Services shall be equitably adjusted for additional costs or time needed resulting from Laws enacted after the date of this Agreement, including taxes. viii. COST OF CORRECTING DAMAGED OR DESTROYED WORK: With regard to damage or loss attributable to the acts or omissions of City 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 and permit fees associated with the entire project. x. DISCOUNTS: All discounts for prompt payment shall accrue to City. All trade discounts, rebates, and refunds, and all returns from sale of surplus materials and equipment, shall be credited to the Cost of the Work, or directly to the City after final payment. xi. 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. xii. JOINT DRAFTING: All Parties expressly agree that this Agreement was jointly drafted, and that both had opportunity to negotiate its terms and to obtain the assistance of counsel in reviewing its terms before execution. Therefore, this Agreement shall be construed neither against nor in favor of either Party but shall be construed in a neutral manner. xiii. EXTENT OF AGREEMENT: Except as expressly provided, this Agreement is for the exclusive benefit of all Parties, and not the benefit of any third party. This Agreement represents the entire RFQ 22-07, Construction Manager at Risk for Midtown Corridor Page 3 of 25 Last Revised 07.27.22 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. xiv. ASSIGNMENT: Except as to the assignment of proceeds, no Party shall assign their interest in this Agreement without the written consent of the other Party. The terms and conditions of this Agreement shall be binding upon all Parties, their partners, successors, assigns, and legal representatives. No Party shall assign the Agreement without written consent of the other. xv. Where figures are given, they shall be preferred to scaled dimensions. xvi. The drawings and specifications are complementary. If Work is shown only on one but not on the other, Construction Manager shall perform the Work as though fully described on both. CMAR shall seek clarification from Design Professional for any discrepancies. xvii. In case of conflicts between the drawings and specifications, the specifications shall govern. In any case of omissions or errors in figures, drawings, or specifications, Construction Manager shall immediately submit the matter to City and Design Professional for clarification. Design Professional's clarifications are final and binding. xviii. DEBARMENT AND SUSPENSION: By execution of this agreement, CMAR certifies that to the best of its knowledge and belief that the CMAR and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 2. Have not within a three year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and 4. (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. 5. CMAR understands that a false statement on certification regarding debarment and suspension may be grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine. I further certify that I will obtain a similar certification for each subcontract awarded in excess of $25,000. 6. Certifications for subcontracts 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. RFQ 22-07, Construction Manager at Risk for Midtown Corridor Page 4 of 25 Last Revised 07.27.22 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. f. The "Construction Manager at Risk" (CMAR or CM) is the person or entity identified in this contract and includes Construction Manager's Representative. g. "Day' means a calendar day unless otherwise specified. h. "Defective Work" is any portion of the Work that that does not conform with the requirements of the Contract Documents. i. "Design Professional" means the licensed architect retained by the City and its subconsultants, to perform design services for the Project. j. "Final Completion" occurs on the date when CMAR's obligations under this Agreement are complete and accepted by City and final payment becomes due and payable. This date shall be confirmed by a Certificate of Final Completion signed by all Parties. k. "Hazardous Material" is any substance or material identified now or in the future as hazardous under the Law, or any other substance or material that may be considered hazardous or otherwise subject to statutory or regulatory requirement governing handling, disposal, or cleanup. I. "Interim Directive" is a written order containing change to the Work directed by and in consultation with City and Design Professional after execution of this Agreement and before Substantial Completion. Interim Directives shall be consolidated and formalized in a change order to be signed by all parties. m. "Law" means federal, state, or local laws, ordinances, codes, rules, and regulations applicable to the Work with which Construction Manager must comply that are enacted as of the Agreement date. n. "Others" means City's other: (a) contractors/constructors, (b) suppliers, (c) subcontractors, subsubcontractors, or suppliers of (a) and (b); and others employed directly or indirectly by (a), (b), or (c) or any by any of them or for whose acts any of them may be liable. o. "Overhead" means (a) payroll costs, burden, and other compensation of CMAR's employees in CMAR's principal and branch offices for work associated with this project. p. "Owner' is the City of Fayetteville, Arkansas (City). q. The "Owner's Program" is an initial description of Owner's objectives, including budgetary and time criteria, space requirements and relationships, flexibility and expandability requirements, special equipment and systems, site requirements, and any requirements for phased occupancy. r. The "Parties" are collectively City and CMAR. s. The "Project," is the building, facility, or other improvements for which CMAR is to perform Work under this Agreement. It may also include construction by Owner or Others. t. The "Schedule of the Work" is the document prepared by CMAR that specifies the dates on which CMAR plans to begin and complete various parts of the Work, including dates on which information and approvals are required from City. RFQ 22-07, Construction Manager at Risk for Midtown Corridor Page 5 of 25 Last Revised 07.27.22 u. "Subcontractor" is a person or entity retained by CMAR as an independent contractor to provide the labor, materials, equipment, or services necessary to complete a specific portion of the Work. The term Subcontractor does not include Design Professional or Others. v. "Substantial Completion" of the Work, or of a designated portion, occurs on the date when the Work is sufficiently complete in accordance with the Contract Documents so that City may occupy or utilize the Work, or a designated portion, for the use for which it is intended, without unapproved disruption. This date shall be confirmed by a certificate of Substantial Completion signed by all Parties. w. A "Subsubcontractor" is a person or entity who has an agreement with a Subcontractor or another subsubcontractor or Supplier to perform a portion of the Subcontractor's Work or supply material or equipment. x. A "Supplier" is a person or entity retained by CMAR to provide material or equipment for the Work. y. "Terrorism" means a violent act, or an act that is dangerous to human life, property, or infrastructure, that is committed by an individual or individuals and that appears to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion. Terrorism includes, but is not limited to, any act certified by the United States government as an act of terrorism pursuant to the Terrorism Risk Insurance Act, as amended. z. "Work" means the construction and administrative and management services necessary or incidental to fulfill Construction Manager's obligations for the Project in accordance with and reasonably inferable from the Contract Documents. The Work may refer to the whole Project or only a part of the Project if work is also being performed by Owner or Others. aa. "Worksite" means the area of the Project where the Work is to be performed. bb. "Bi-monthly basis" means every fourteen to sixteen calendar days. 6. Contract Document Review and Administration a. Before commencing the Work, Construction Manager shall examine and compare the drawings and specifications with information furnished by the City and Design Professional that are considered Contract Documents, relevant field measurements made by Construction Manager, and any visible conditions at the Worksite affecting the Work. b. Should Construction Manager discover any errors, omissions, or inconsistencies in the Contract Documents, Construction Manager shall promptly report them to the City and Design Professional. Following receipt of written notice from Construction Manager of defects, 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. RFQ 22-07, Construction Manager at Risk for Midtown Corridor Page 6 of 25 Last Revised 07.27.22 7. Warranty a. Construction Manager warrants all materials and equipment furnished under the Construction Phase of this Agreement will be new unless otherwise specified, of good quality, in conformance with the Contract Documents, and free from defective workmanship and materials. At City or Design Professional request, Construction Manager shall furnish satisfactory evidence of the quality and type of materials and equipment furnished. Construction Manager further warrants all Work shall be free from material defects not intrinsic in the design or materials required in the Contract Documents. Construction Manager's warranty does not include remedies for defects or damages caused by normal wear and tear during normal usage beyond the warranty period, use for a purpose for which the Project was not intended, improper or insufficient maintenance, modifications performed by the City or others, or abuse. Construction Manager's warranty shall commence on the Date of Final Completion of the Project. b. To the extent products, equipment, systems, or materials incorporated in the Work are specified and purchased by the City, they shall be covered exclusively by the warranty of the manufacturer. There are no warranties which extend beyond the description on the face of any such warranty. For such incorporated items, ALL OTHER WARRANTIES EXPRESSED OR IMPLIED INCLUDING THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. c. Construction Manager shall obtain from its Subcontractors and Suppliers any special or extended warranties required by the Contract Documents. Construction Manager's liability for such warranties shall be limited to the one-year correction period, as further defined in this Agreement. After that period Construction Manager shall provide full and comprehensive assistance to the City in enforcing the obligations of Subcontractors or Suppliers for such extended warranties. d. Correction of Work within Two Years If before Substantial Completion or within two -years after the date of Final Completion of the Work any Defective Work is found, City shall promptly notify Construction Manager in writing. Unless City provides written acceptance of the condition, Construction Manager shall promptly correct the Defective Work at its own cost and time and bear the expense of additional services required for correction of any Defective Work for which it is responsible. If within the two-year correction period City discovers and does not promptly notify Construction Manager or give Construction Manager an opportunity to test or correct Defective Work as reasonably requested by Construction Manager, City waives Construction Manager's obligation to correct that Defective Work as well as City's right to claim a breach of the warranty with respect to that Defective Work. ii. If Construction Manager fails to correct Defective Work within a reasonable time after receipt of written notice from City before final payment, City may correct it in accordance with Owner's right to carry out the Work. In such case, an appropriate Change Order shall be issued deducting the cost of correcting the Defective Work from payments then or thereafter due Construction Manager. If payments then or thereafter due Construction Manager are not sufficient to cover such amounts, Construction Manager shall pay the difference to City. iii. Construction Manager's obligations and liability, if any, with respect to any Defective Work discovered after the two-year correction period shall be determined by the Law. If, after the two- year correction period but before the applicable limitation period has expired, City discovers any Work which City considers Defective Work, City shall, unless the Defective Work requires emergency correction, promptly notify Construction Manager and allow Construction Manager an opportunity to correct the Work if Construction Manager elects to do so. If Construction RFQ 22-07, Construction Manager at Risk for Midtown Corridor Page 7 of 25 Last Revised 07.27.22 Manager elects to correct the Work it shall provide written notice of such intent within fourteen (14) Days of its receipt of notice from City and shall complete the correction of Work within a mutually agreed timeframe. If Construction Manager does not elect to correct the Work, City may have the Work corrected by itself or Others, and, if City intends to seek recovery of those costs from Construction Manager, City shall promptly provide Construction Manager with an accounting of the actual correction costs. iv. If Construction Manager's correction or removal of Defective Work causes damage to or destroys other completed or partially completed work or existing building, Construction Manager shall be responsible for the cost of correcting the destroyed or damaged property. v. The two-year period for correction of Defective Work does not constitute a limitation period with respect to the enforcement of Construction Manager's other obligations under the Contract Documents. vi. Before final payment, at City option and with Construction Manager's agreement, City may elect to accept Defective Work rather than require its removal and correction. In such cases the GMP shall be equitably adjusted for any diminution in the value, as determined by City, of the Project caused by such Defective Work. 8. Safety of Persons and Property a. SAFETY PROGRAMS: Construction Manager holds overall responsibility for safety programs. However, such obligation does not relieve Subcontractors of their safety responsibilities and to comply with the Law. Construction Manager shall prevent against injury, loss, or damage to persons or property by taking reasonable steps to protect: (a) its employees and other persons at the Worksite; (b) materials and equipment stored at onsite or offsite locations for use in performing the Work; and (c) property located at the Worksite and adjacent to work areas, whether or not the property is part of the Worksite. b. CONSTRUCTION MANAGER'S SAFETY REPRESENTATIVE: Construction Manager shall designate an individual at the Worksite in its employ as its safety representative. Unless otherwise identified by Construction Manager in writing to City, Construction Manager's project superintendent shall serve as its safety representative. Construction Manager shall report promptly in writing all recordable accidents and injuries occurring at the Worksite. When Construction Manager is required to file an accident report with a public authority, Construction Manager shall furnish a copy of the report to City. c. Construction Manager shall provide City with copies of all notices required of Construction Manager by the Law. Construction Manager's safety program shall comply with the requirements of governmental and quasi -governmental authorities having jurisdiction. 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 RFQ 22-07, Construction Manager at Risk for Midtown Corridor Page 8 of 25 Last Revised 07.27.22 make no claim for damages, or an increase in the GMP, or for a change in the Dates of Substantial or Final Completion based on Construction Manager's compliance with City's reasonable request. 9. Subcontracts: a. BINDING OF SUBCONTRACTORS AND SUPPLIERS: Construction Manager agrees to bind every Subcontractor and Supplier, and require every Subcontractor to so bind its subcontractors and significant supplier, to the Contract Documents as they apply to the Subcontractor's or Supplier's applicable provisions to that portion of the Work. b. Construction Manager agrees not to subcontract construction manager at risk related services without prior written consent from the City. 10. Fees, Expenses, and Payments: a. 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. f b. Phase 1: Pre -Construction Services l i. The maximum not -to -exceed amount authorized for this phase is $78,550.00 USD. Fees shall be paid to the CMAR from the City based Lump Sum basis as described in Appendix B. c. Phase z: Guaranteed Maximum Price Guaranteed Maximum (GMP) i. If this Agreement is executed before establishment of the Guaranteed Maximum Price and its acceptance by the City, then the GMP and its basis shall be set forth in a GMP Change Order. ii. In the event all Parties agree the drawings and specifications are sufficiently complete after bids are received, Construction Manager shall prepare and submit to the City in writing a GMP. The GMP proposal shall include the cost of the Work, Construction Manager's Fee, the clarifications upon which it is based, but shall not include compensation for Preconstruction Services (Phase 1). iii. FAILURE TO ACCEPT THE GMP PROPOSAL: Unless the City accepts the GMP Proposal in writing the GMP Proposal shall not be effective. If City fails to accept the GMP Proposal, or rejects the GMP Proposal, City shall have the right to: 1. suggest modifications to the GMP Proposal 2. terminate the Agreement for convenience iv. PRE-GMP WORK: Before City acceptance of the GMP Proposal, Construction Manager shall not incur any cost to be reimbursed as part of the Cost of the Work, except as provided in this Agreement or as City may specifically authorize in advanced writing. v. GMP shall include an itemized cost items from the CMAR, including but not limited to: 1. Labor wages directly employed by Construction Manager in performing of the Work. 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. RFQ 22-07, Construction Manager at Risk for Midtown Corridor Page 9 of 25 Last Revised 07.27.22 or transportation of material and equipment, and employees from the principal or branch office as mutually agreed by the Parties in writing. 3. Cost of all employee benefits and taxes, including but not limited to, workers' compensation, unemployment compensation, social security, health, welfare, retirement, and other fringe benefits as required by law, labor agreements, or paid under Construction Manager's standard personnel policy, insofar as such costs are paid to employees of Construction Manager who are included in the Cost of the Work. 4. Transportation, travel, hotel, and moving expenses of Construction Manager's personnel incurred in connection with the Work. 5. Cost of all materials, supplies, and equipment incorporated in the Work, including costs of inspection and testing if not provided by City, transportation, storage, and handling. 6. Payments made by Construction Manager to Subcontractors for work performed under this Agreement. 7. Cost, including transportation and maintenance of all materials, supplies, equipment, temporary facilities, and hand tools not owned by the workers that are used or consumed in the performance of the Work, less salvage value or residual value; and cost less salvage value on such items used, but not consumed that remain the property of Construction Manager. 8. Rental charges of all necessary machinery and equipment, exclusive of hand tools owned by workers, used at the Worksite, whether rented from Construction Manager or others, including installation, repair, and replacement, dismantling, removal, maintenance, transportation, and delivery costs at competitive market rates. 9. Cost of the premiums for all insurance and surety, performance or payment bonds which Construction Manager is required to procure or deems necessary and approved by City including any additional premium incurred as a result of any increase in the GMP at fixed rates approved by the City. 10. Sales, use, gross receipts, or other taxes, tariffs, or duties related to the Work for which Construction Manager is liable. 11. Permits, taxes, fees, licenses, tests, royalties. 12. Losses, expenses, or damages to the extent not compensated by insurance or otherwise, and the cost of corrective work during the Construction Phase and for the warranty period. 13. Costs associated with establishing, equipping, operating, maintaining, mobilizing and demobilizing the field office. 14. Water, power, and fuel costs necessary for the Work. 15. Cost of removal of all nonhazardous substances, debris, and waste materials. RFQ 22-07, Construction Manager at Risk for Midtown Corridor Page 10 of 25 Last Revised 07.27.22 16. Costs incurred due to an emergency affecting the safety of persons or property. 17. Costs directly incurred in the performance of the Work or in connection with the Project, and not included in Construction Manager's Fee, which are reasonably inferable from the Contract Documents. Fees set for the construction of this project are intended to be executed upon agreement of all parties in a not to exceed form via change order. Due to the bond funding nature of this project, all parties agree payment to the CMAR shall be made as follows: i. The City shall be responsible for a not to exceed cap. ii. Final amounts shall be identified with a Change Order, pursuant to agreement of all parties of a Guaranteed Maximum Price. CMAR shall track, log and report expenses directly related to this Agreement along with invoice which shall include schedule of values for payment for each month. Invoices shall be itemized. Invoice and payment requests shall not exceed the percentage for work completed as defined. Payment Terms: All invoices are payable upon approval and due within thirty (30) calendar days. If a portion of an invoice or statement is disputed by CITY, 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. i. Retainage in the amount of five percent (5%) will be withheld from each payment until project final completion. ii. Upon Substantial Completion, the City may release retainage on that portion of the Work a Subcontractor has completed in whole or in part, and which City have accepted. Final Payment: Upon satisfactory completion of the work performed under this Agreement, as a condition before final payment under this Agreement, or as a termination settlement under this Agreement, CMAR RFQ 22-07, Construction Manager at Risk for Midtown Corridor Page 11 of 25 Last Revised 07.27.22 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. Construction contracts for the project shall not be entered into between the CMAR and sub -contractor without a 100% payment and performance bond in the amount of the contract and any amendments thereto and shall provide for the manner in which the construction shall be managed and supervised. Bonds shall be valid and exchanged between all parties prior to the start of work. b. A maintenance bond shall be provided for the duration of the entire warranty period. c. All bonds shall be listed with the U.S. Treasury Department listing of approved surety's (T-List) and shall be rated A+ minimum by A. M. Best. 12. Time: SUBSTANTIAL and FINAL COMPLETION: Date of Substantial Completion and the Date of Final Completion shall be established in a GMP Change Order to this Agreement (GMP) as a hard not to exceed date. If such dates are not established upon the execution of this Agreement, at such time as GMP is accepted a Date of Substantial Completion and Date of Final Completion of the Work shall be established in a GMP Change Order. b. Time is of the essence with regard to the obligations of the Contract Documents. c. Unless instructed by City in writing, Construction Manager shall not knowingly commence the Work before the effective date of Construction Manager's required insurance and bonds. Schedule of Work: Before submitting its first application for payment, Construction Manager shall submit to City and, if directed, Design Professional a Schedule of the Work showing the dates on which Construction Manager plans to begin and complete various parts of the Work, including dates on which information and approvals are required from City. Except as otherwise directed by City, Construction Manager shall comply with the approved Schedule of the Work or Construction Manager. i. Unless otherwise agreed, the Schedule of the Work shall be formatted in a detailed precedence - style critical path method that (a) provides a graphic representation of all activities and events, including float values that will affect the critical path of the Work, and (b) identifies dates that are critical to ensure timely and orderly completion of the Work. ii. Construction Manager shall update the Schedule of the Work on a bi-monthly basis or as mutually agreed by all Parties. iii. City may determine the sequence in which the Work shall be performed, provided it does not unreasonably interfere with the approved project schedule. City may require Construction RFQ 22-07, Construction Manager at Risk for Midtown Corridor Page 12 of 25 Last Revised 07.27.22 Manager to make reasonable changes in the sequence at any time during the performance of the Work in order to facilitate the performance of work by City or Others. If Construction Manager consequently incurs costs or is delayed, the GMP or the Dates of Substantial or Final Completion, or both, Construction Manager may seek equitable adjustment. e. NOTICE OF DELAY CLAIMS: If Construction Manager requests an equitable extension of the Contract Time or an equitable adjustment in the GMP as a result of a delay described, Construction Manager shall give City written notice of the claim. If Construction Manager causes delay in the completion of the Work, City shall be entitled to recover its additional costs. MONITORING PROGRESS AND COSTS: Following acceptance by City of the GMP, Construction Manager shall establish a process for monitoring actual costs against the GMP and actual progress against the Schedule of Work. Construction Manager shall provide written reports to City at intervals as agreed to by all Parties on the status of the Work, showing variances between actual costs and the GMP and actual progress as compared to the Schedule of Work, including estimates of future costs and recovery programs if actual progress indicates that the Dates of Substantial Completion or Final Completion may not be met. 13. Determination of Contract Time: a. General. The time allowed for the completion of the Work included in the Contract will be stated in the Proposal and Contract and will be known as the "Contract Time". The contract time will be specified as a fixed completion date or as calendar days. ii. The CMAR shall take into consideration all normal conditions considered unfavorable to the normal progress of the Work and place a sufficient work force and equipment on the project to ensure completion of the Work within the contract time. iii. The Engineer/City Engineer will determine the date upon which the Contract is substantially complete and time assessment will cease. In the event cleanup is necessary or items found at the final inspection are to be corrected, the CMAR shall complete this work in a timely manner, or the Engineer/City Engineer will resume time charges. b. Fixed Completion Date. When the contract time is specified as a fixed date, it will be the date on which all work on the project shall be substantially complete. c. Calendar Day. Calendar day contract time includes delays for normal weather -related events, such as rain, snow, and freezing temperatures that may affect the progress of the construction in the following amounts on a per -month basis as hereinafter set out. Only weather -related delays in excess of these amounts will be considered for time extensions, if requested by the CMAR. Days included in the Contract Times for Normal Weather -Related Events, on a monthly basis, include: Mouth Days J-UaLy 11 FebmHy 9 March E ril E hLv & June 8 Juh1 7 August 7 September 7 October 7 November 7 December 8 RFQ 22-07, Construction Manager at Risk for Midtown Corridor Page 13 of 25 Last Revised 07.27.22 No changes in contract times will be allowed for any reason without a request in writing from the CMAR. This request shall include reasons for the request with supporting documentation as proof of extraordinary delays beyond the CMAR's control. Normal rainfall amounts and soil conditions will not be considered as reasons for extensions of time, nor will workload of the Contractor. The request must be submitted for to the Engineer/City Engineer within 5 days of the end of the month to be considered. No compensation will be made for monetary damages due to weather delay(s). d. Working Day. Working Day. Only when the contract time is specified in working days, the provisions of Section 109.08(d) shall apply. i. Time will be assessed for each day on which, in the judgment of the Engineer/City Engineer and subject to the limitations below, conditions allow the Contractor to effectively utilize 60% of normal forces and equipment to prosecute the work required at that time, for at least 60% of the Contractor's normal working hours, regardless of whether the CMAR actually works. ii. The Engineer/City Engineer will not assess a working day when conditions exist beyond the control and without the fault of the CMAR that prevent the utilization of forces and equipment as defined above. Also, for the purpose of assessment of working days, inaccessibility to a portion of the work due to utility conflict or utility work, either of which prevents utilization of forces and equipment as defined above, will be considered as an adverse working condition for the time exceeding that specified in the Contract for the utility adjustment. The ability of vendors, suppliers, and subcontractors to provide materials and/or services is considered within the CMAR's control for the purpose of assessment of working days. Time from December 21 through January 15, inclusive, will not be assessed against the contract time. i. Saturdays and City recognized holidays, other than those designated above, which may be declared by the City for certain special or unusual circumstances, will be optional to the CMAR as working days, and time will not be assessed unless work is performed that requires inspection. If work is performed, contract time assessment will be based upon the same conditions as a normal working day. ii. Contract time will not be assessed during a full suspension of the work as ordered by the Engineer/City Engineer. During a partial suspension of the work as ordered by the Engineer/City Engineer, the contract time will be assessed in direct proportion to the ratio of the money value of the items not suspended to the total contract amount. iii. Each pay estimate will state the each working day charged during the preceding period and the total number of working days charged to date. If the CMAR disagrees with the working days charged by the Engineer/City Engineer, then the Contractor shall, within 10 calendar days of signing the pay estimate, give the Engineer/City Engineer written notice of such disagreement and the reasons, therefore. If the CMAR does not provide written notice within 10 calendar days of signing the pay estimate, no subsequent request for review will be considered. 14. 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. RFQ 22-07, Construction Manager at Risk for Midtown Corridor Page 14 of 25 Last Revised 07.27.22 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. 15. Final Completion: i. Upon notification from Construction Manager that the Work is complete and ready for final inspection and acceptance, City, with the assistance of its Design Professional shall promptly conduct an inspection to determine if the Work has been completed and is acceptable under the Contract Documents. ii. When the Work is complete, Construction Manager shall prepare for City's written acceptance a final application for payment stating that to the best of Construction Manager's knowledge, and based on City's inspections, the Work has reached Final Completion in accordance with the Contract Documents. iii. Final payment of the balance of the GMP shall be made to Construction Manager within thirty (30) Days after Construction Manager has submitted an application for final payment, pending the application has been approved by the City, including submissions required, and a Certificate of Final Completion has been executed by all Parties. iv. Final payment shall be due on Construction Manager's submission of the following to the City: 1. an affidavit declaring any indebtedness connected with the Work, to have been paid, satisfied, or to be paid with the proceeds of final payment, so as not to encumber City property; 2. as -built drawings, manuals, copies of warranties, and all other close-out documents required by the Contract Documents; 3. release of any liens, conditioned on final payment being received; 4. consent of any surety; and RFQ 22-07, Construction Manager at Risk for Midtown Corridor Page 15 of 25 Last Revised 07.27.22 5. any outstanding known and unreported accidents or injuries experienced by Construction Manager or its Subcontractors at the Worksite. v. If, after Substantial Completion of the Work, the Final Completion of a portion of the Work is materially delayed through no fault of Construction Manager. If approved by City, they shall pay the balance due for any portion of the Work fully completed and accepted. If the remaining contract balance for Work not fully completed and accepted is less than the retained amount before payment, Construction Manager shall submit to City and, if directed, Design Professional the written consent of any surety to payment of the balance due for portions of the Work that are fully completed and accepted. Such payment shall not constitute a waiver of claims, but otherwise shall be governed by this section. vi. ACCEPTANCE OF FINAL PAYMENT: Unless Construction Manager provides written identification of unsettled claims with an application for final payment, its acceptance of final payment constitutes a waiver of such claims. b. CMAR shall ensure that the City of Fayetteville receives lien waivers from all material suppliers, subcontractors and sub -subcontractors and before work begins on the project. The contractor shall give written notice to the material suppliers, subcontractors and sub -subcontractors providing work on the project that states the following: i. 'According to Arkansas law, it is understood that no liens can be filed against public property if valid and enforceable payment and performance bond is in place. Regarding this Project and Agreement, the valid and enforceable bonds are with ( name of surety ).' ii. CMAR shall direct its subcontractors to obtain a written receipt evidencing acknowledgment of this statement from sub -subcontractors. 16. Liquidated Damages: 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 seven hundred fifty US dollars ($750.00 USD) per calendar day as liquidated damages and not as a penalty for each Day that Substantial Completion extends beyond the Substantial Completion date. 17. 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. 18. Jurisdiction: Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law applying to the case. 19. Venue: Venue for all legal disputes shall be Washington County, Arkansas. 20. 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 RFQ 22-07, Construction Manager at Risk for Midtown Corridor Page 16 of 25 Last Revised 07.27.22 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. 21. 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. 22. Insurance: a. Before starting the Work and as a condition precedent to payment, Construction Manager shall procure and maintain in force Workers' Compensation Insurance, Employers' Liability Insurance, Business Automobile Liability Insurance, and Commercial General Liability Insurance ("CGL"). The CGL policy shall include coverage for liability arising from premises, operations, independent contractors, products - completed operations, personal injury and advertising injury, contractual liability, pollution coverage, and broad form property damage. Construction Manager shall maintain completed operations liability insurance for one year after Substantial Completion, or as required by the Contract Documents, whichever is longer. Construction Manager's Employers' Liability, Business Automobile Liability and CGL policies shall be written with at least the limits of liability presented in Appendix E. b. Employers' Liability, Business Automobile Liability, and CGL coverages required may be provided by a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or umbrella liability policies. c. Construction Manager shall maintain in effect all insurance coverage required with insurance companies lawfully authorized to do business in the jurisdiction in which the Project is located. If Construction Manager fails to obtain or maintain any insurance coverage required under this Agreement, City may purchase such coverage and charge the expense to Construction Manager, or terminate this Agreement. d. To the extent commercially available to Construction Manager from its current insurance company, insurance policies required shall contain a provision that the insurance company or its designee shall give City written notice transmitted in paper and electronic format: (a) 30 Days before coverage is nonrenewed by the insurance company and (b) within 10 Business Days after cancelation of coverage by the insurance company. Before commencing the Work and upon renewal or replacement of the insurance policies, Construction Manager shall furnish City with certificates of insurance until one year after Substantial Completion or longer if required by the Contract Documents. In addition, if any insurance policy required is not to be immediately replaced without lapse in coverage when it expires, exhausts its limits, or is to be cancelled, Construction Manager shall give City prompt written notice upon actual or constructive knowledge of such condition. e. Certificates of Insurance shall list the City as Additional Insured Parties. f. PROPERTY INSURANCE: i. At no time shall any policy be covered by self-insurance or in a self -insured format. All policies shall be covered by an approved commercial insurance professional properly licensed to do business in Arkansas. ii. Unless otherwise directed in writing by City, before starting the Work, 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: RFQ 22-07, Construction Manager at Risk for Midtown Corridor Page 17 of 25 Last Revised 07.27.22 1. the perils of fire, lightning, explosion, windstorm, hail, smoke, aircraft (except aircraft, including helicopter, operated by or on behalf of Construction Manager) and vehicles, riot and civil commotion, theft, vandalism, malicious mischief, debris removal, flood, earthquake, earth movement, water damage, wind damage, testing if applicable, collapse, however caused; 2. damage resulting from defective design, workmanship, or material; 3. coverage extension for damage to existing buildings, plant, or other structures at the Worksite, when the Project is contained within or attached to such existing buildings, plant or structures. Coverage shall be to the extent loss or damage arises out of Constructor's activities or operations at the Project; 4. equipment breakdown, including mechanical breakdown, electrical injury to electrical devices, explosion of steam equipment, and damage to steam equipment caused by a condition within the equipment; 5. testing coverage for running newly installed machinery and equipment at or beyond the specified limits of their capacity to determine whether they are fit for their intended use; and 6. physical loss resulting from Terrorism. iii. The Party that is the primary cause of a Builder's Risk Policy claim shall be responsible for any deductible amounts or coinsurance payments. If no Party is the primary cause of a claim, then the Party obtaining and maintaining the Builder's Risk Policy shall be responsible for the deductible amounts or coinsurance payments. This policy shall provide for a waiver of subrogation. This insurance shall remain in effect until final payment has been made or until no person or entity other than City has an insurable interest in the property to be covered by this insurance, whichever is sooner. Partial occupancy or use of the Work shall not commence until City has secured the consent of the insurance company or companies providing the coverage required in this subsection. Before commencing the Work, City shall provide a copy of the property policy or policies obtained. iv. If City elects to purchase the property insurance required by this Agreement, including all of the coverages and deductibles for the same durations specified, City shall give written notice to Construction Manager before the Work is commenced and provide a copy of the property policy or policies obtained in compliance with this agreement. City may then provide insurance to protect its interests and the interests of the Constructor, Subcontractors, Suppliers, and Subsubcontractors. The cost of this insurance shall be paid by City in a Change Order. If City gives written notice of its intent to purchase property insurance required by this Agreement and fails to purchase or maintain such insurance, City shall be responsible for costs reasonably attributed to such failure. v. The Parties each waive all rights against each other and their respective employees, agents, contractors, subcontractors, suppliers, subsubcontractors, and design professionals for damages caused by risks covered by the property insurance, except such rights as they may have to the proceeds of the insurance. RFQ 22-07, Construction Manager at Risk for Midtown Corridor Page 18 of 25 Last Revised 07.27.22 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. 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 , unless otherwise specified in the Contract Documents, which may be due on the inclusion of any patented or copyrighted materials, methods, or systems selected by Construction Manager and incorporated in the Work. Construction Manager shall defend, indemnify, and hold City harmless from all suits or claims for infringement of any patent rights or copyrights arising out of such selection unless such design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in documents prepared by the Owner. j. PROFESSIONAL LIABILITY INSURANCE: To the extent Construction Manager is required to procure design services, Construction Manager shall require its design professionals to obtain a commercial professional liability insurance for claims arising from the negligent performance of professional services under this Agreement, with a company reasonably satisfactory to City, including coverage for all professional liability RFQ 22-07, Construction Manager at Risk for Midtown Corridor Page 19 of 25 Last Revised 07.27.22 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. 23. Professional Responsibility: CMAR will exercise reasonable skill, care, and diligence in the performance of services and will carry out its responsibilities in accordance with customarily accepted professional practices. CITY OF FAYETTEVILLE will promptly report to CMAR any defects or suspected defects in services of which CITY OF FAYETTEVILLE becomes aware, so CMAR can take measures to minimize the consequences of such a defect. CITY OF FAYETTEVILLE retains all remedies to recover for its damages caused by any negligence of CMAR. 24. Responsibility of the City of Fayetteville 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 Public Works Director, or his or her designee, is the project representatives with respect to the services to be performed under this Agreement. The Public Works Director shall have complete authority to transmit instructions, receive information, interpret and define policies and decisions with respect to materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. 25. 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. 26. 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. 27. Termination: a. This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given: i. Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, RFQ 22-07, Construction Manager at Risk for Midtown Corridor Page 20 of 25 Last Revised 07.27.22 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 convenience of CITY OF FAYETTEVILLE. In such event, adjustments of the agreement price shall be made as provided in this agreement. 28. 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. 29. 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. 30. 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 RFQ 22-07, Construction Manager at Risk for Midtown Corridor Page 21 of 25 Last Revised 07.27.22 omissions of CITY OF FAYETTEVILLE or CMAR in the performance of this Agreement, and disputes concerning payment. b. Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If timely Notice is given as described in this agreement, but an action is initiated prior to exhaustion of these procedures, such action shall be stayed, upon application by either party to a court of proper jurisdiction, until the procedures in this agreement have been complied with. c. Notice of Dispute i. For disputes arising prior to the making of final payment promptly after the occurrence of any incident, action, or failure to act upon which a claim is based, the party seeking relief shall serve the other party with a written Notice. ii. For disputes arising within one year after the making of final payment, CITY OF FAYETTEVILLE shall give CMAR written Notice at the address listed in this agreement within thirty (30) calendar days after occurrence of any incident, accident, or first observance of defect or damage. In both instances, the Notice shall specify the nature and amount of relief sought, the reason relief should be granted, and the appropriate portions of this Agreement that authorize the relief requested. iii. Negotiation: Within seven (7) calendar days of receipt of the Notice, the Project Managers for CITY OF FAYETTEVILLE and CMAR shall confer in an effort to resolve the dispute. If the dispute cannot be resolved at that level, then, upon written request of either side, the matter shall be referred to the President of CMAR, and the Mayor of CITY OF FAYETTEVILLE or his 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. 31. 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. 32. Publications: a. Recognizing the importance of professional services on the part of CMAR's employees and the importance of CMAR's public relations, CMAR may prepare publications, such as technical papers, articles for periodicals, promotional materials, and press releases, in electronic or other format, pertaining to CMAR's services for the Project. Such publications will be provided to CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and provide CITY OF FAYETTEVILLE's comments to CMAR, CITY OF FAYETTEVILLE may require deletion of proprietary data or confidential information from such publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold approval. Approved materials may be used in a variety of situations and do not require additional review or approval for each use. The cost of CMAR's activities pertaining to any such publication shall be for CMAR's account. 33. Indemnification: a. To the fullest extent permitted by law, the CMAR shall indemnify and hold harmless the City from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death or injury to or destruction of tangible property (other than the Work itself) but only to the extent caused by the negligent acts or omissions of the CMAR, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be RFQ 22-07, Construction Manager at Risk for Midtown Corridor Page 22 of 25 Last Revised 07.27.22 liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Agreement. 34. Ownership of Documents: a. All documents provided by CITY OF FAYETTEVILLE including original drawings, CAD drawings, estimates, field notes, and project data are and remain the property of CITY OF 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. 35. 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. 36. Audit and Access to Records: a. CMAR shall maintain books, records, documents and other evidence directly pertinent to performance on work under this Agreement in accordance with generally accepted accounting principles and practices consistently applied in effect on the date of execution of this Agreement. b. CMAR shall also maintain the financial information and data used by CMAR in the preparation of support of the cost submission required for any negotiated agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost summary submitted. CITY OF FAYETTEVILLE, the State or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. CMAR will provide proper facilities for such access and inspection. RFQ 22-07, Construction Manager at Risk for Midtown Corridor Page 23 of 25 Last Revised 07.27.22 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. 37. 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. 38. Gratuities: a. If CITY OF FAYETTEVILLE finds after a notice and hearing that CMAR or any of CMAR agents or representatives, offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official, employee or agent of CITY OF FAYETTEVILLE or related third party contractor associated with this project, in an attempt to secure an agreement or favorable treatment in awarding, amending or making any determinations related to the performance of this Agreement, CITY OF FAYETTEVILLE may, by written notice to CMAR terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and remedies that the law or this Agreement provides. However, the existence of the facts on which CITY OF FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings under the Remedies clause of this Agreement. b. The CITY may pursue the same remedies against CMAR as it could pursue in the event of a breach of the Agreement by CMAR. As a penalty, in addition to any other damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue exemplary damages in an amount, as determined by CITY, which shall be not less than three nor more than ten times the costs CMAR incurs in providing any such gratuities to any such officer or employee. RFQ 22-07, Construction Manager at Risk for Midtown Corridor Page 24 of 25 Last Revised 07.27.22 IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and VENDOR by its authorized officer have made and executed this Agreement as of the day and year first above written. CROSSLAND HEAVY CONTRACTORS INC, :mot Y Signature ATTEST: 61 cy: `r ` ! I ..��''`� rn'_'�'�rinted Name and Title By; Kara Paxton, Date Signed gned END OF AGREEMENT FOR PROFESSIONAL CONSTRUCTION MANAGER AT RISK SERVICES RFQ 22-07, Construction Manager at Risk for Midtown Corridor Page 25 of 25 Last Revised 07.27.22 APPENDIX A — SCOPE OF WORK for CONTRACT FOR PROFESSIONAL SERVICES — CONSTRUCTION MANAGER AT RISK RFQ 22-07, CMAR — Midtown Corridor 1. PROJECTSUMMARY a. The project includes storm drainage, trail, sidewalks, enhanced crosswalks, street widening with the addition of turn lanes, new traffic signals, street lighting and landscaping. The project will include up to three separate phases to include the following: i. Package A: Deane Street — Fire Department to Garland Ave. 1. Street widened from 2 to 3 lanes to include a center turn lane 2. Connected Sidewalks on the south side from Porter Road to Lynn's Place 3. A 12-foot wide trail on the north side along the UofA Agricultural Experiment Station 4. Enhanced trail crossing at Lynn's Place, connecting through Tri-cycle Farm to Sycamore St. ii. Package B: Sycamore Street from Garland Ave. to the Razorback Greenway 1. Street widened from 2 to 3 lanes to include a center turn lane 2. 12-foot wide shared use paved trail on south side 3. Sidewalks on the north side iii. Package C: Poplar Street from Razorback Greenway to N. Woodland Avenue 1. 10-foot wide shared use paved trail the north side from Razorback Greenway to Gregg Ave 2. 10-foot wide shared use paved trail on the south side of street from Yates Ave. to Woodland 3. Pavement markings designating a on street bike route on Woodland Ave. that is shared with vehicles (no bike lanes or trail) 4. Enhanced crossing of Sycamore St to access Gregory Park b. Olsson, Inc. is serving as the lead design professional for this project. c. Protect funding: The total project funding is to be provided by the City of Fayetteville and other funding sources. 2. SCOPE OF WORK a. Overview: Anticipated phases are identified below with associated scope of work. Scope of work is not limited to any additional industry standard scope of work necessary to complete each phase. CMAR shall coordinate with the design team composed of Olsson Inc. and the City of Fayetteville in order to achieve best value for the overall success of the project, including working to achieve maximum cost savings. Coordination with design team is critical for all phases. b. PHASE 1: Design Development and Construction Drawings from the current plans to final plans i. Construction Documents Phase 1. 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). RFQ 22-07, CMAR — Midtown Corridor APPENDIXA — SCOPE OF WOR Page 1 of 3 — Last Revised: 07.27.22 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 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. 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. 9. Review and provide comments to Olsson's opinion of probable cost and after value engineer work with Olsson to provide a finial opinion of probable cost. 10. Provide initial CPM schedule for the project. ii. Bid Phase 1. Coordinate with City Purchasing Division to ensure all procedures followed for this phase meet state laws and City of Fayetteville Purchasing Policies. 2. Provide services for reproduction and dissemination of bid sets (project manual and stamped drawings) to the City Design Team [PM (1), Purchasing (1) and interested bidders]. Documents should be made available to any interested party electronically at no cost. 3. Provide distribution of plans to all interested parties. a. Maintain open communication with the City of Fayetteville Purchasing Division throughout the bidding process. b. Distribution of all documents shall be done in a fair and unbiased manner while keeping all interested parties on equal terms. c. Document and keep an updated accurate record of plan holder's and provide updated listings to all interested parties in a timely manner. d. Answers to questions and inquiries shall be made in the form of an addendum and shall be provided to all interested parties at the same time. 4. Coordinate with City Purchasing Division during pre -bid meeting, facilitate and attend the Bid Opening. 5. Maintain open communication with the City Purchasing Division during any process involving Request for Information (RFI). 6. Any addenda shall be provided to the Purchasing Division for review and approval in advance of issuance. Bidders, interested parties, and plan holders shall receive all information included in addenda at the time addenda is issued. 7. In the event the CMAR desires to self -perform a portion of the work or a trade package, the CMAR shall submit a bid package in the same time and manner as other interested parties. 8. Assist with the design of all Bid Proposals. 9. Review Olsson's Recommendation of Award Letter that includes the following required content (and assist with): a. Check for math errors and reconcile any mathematical discrepancies, b. Review for unbalance bid items, c. Coordinate with the City Purchasing Division in finalizing a Certified Bid Tabulation including Engineer's estimate, d. Review of contractor's financial standing and references provided, RFQ 22-07, CMAR — Midtown Corridor APPENDIXA — SCOPE OF WOR Page 2 of 3 — Last Revised: 07.27.22 e. Explanation of discrepancies between the Engineer's estimate and bids, and f. Meet with the City to provide a formal written recommendation of award. 10. Attend City Council meeting(s) for the recommendation for award of Contract(s) for Construction. 11. c. PHASE 2 —Guaranteed Maximum Price and Construction Administration Phase i. Construction Administration Phase 1. Put forth diligent and fiscally responsible efforts to ensure the project will be completed on time and within budget. 2. Attend Pre -Construction meeting and conduct regular update meetings as jointly determined by the Design Team and contracted construction companies. 3. Coordinate with Olsson and the Design Team on all Request for Change Proposals, Change Orders, etc. including maintaining a log of all such documents. 4. The City of Fayetteville intends to provide regular construction administration services. Olsson will provide field services, progress meetings, and progress payment review and assistance on a bi-monthly basis. 5. Review site visit report from the Olsson, and City of Fayetteville staff team at least twice (2) per month. 6. Coordinate with the Design Team to conduct Substantial Completion Inspection, coordinate with Engineer to create punch list, substantiate that items noted are completed, and issue Substantial Completion Certificate. 7. The Design Team shall be notified to attend all on -site meetings, review and approve all pay requests, and change order review prior to Mayor's approval. 8. Coordinate with the design team to create plans for closure and detour of both pedestrian and street zones based on construction phasing. City shall be responsible for material testing. ii. Project Close Out 1. Provide Warranty Services during the entire Warranty Period. Olsson to issue Warranty Reports and review items after the CM has notified the City that these items are complete. 2. Provide support services as needed during the project close out process. 3. Provide close out submittal to Olsson for completeness before transmitting to the City which include but are not limited to: a. Contractor's red lines and as -built notes b. Provide as -Built record drawings noting any changes to the plans prepared by Olsson (in hard copy and digital format) c. Produce a project narrative that provides a comprehensive review of the construction activities for the project with a project narrative submitted for City approval at the completion of each contract phase. RFQ 22-07, CMAR — Midtown Corridor APPENDIXA — SCOPE OF WOR Page 3 of 3 — Last Revised: 07.27.22 RFQ 22-07, Appendix B - Fee Proposal CROSSLAND HEAVY CONTRACTORS 501 S. East Ave, P.O. Box 350 Columbus, KS 66725 Tel: 620.429.1410 Fax: 620.429.2977 July 26, 2022 Andrea Foren Purchasing Manager City of Fayetteville, AR Purchasing Division, Room 306 113 W. Mountain Street Fayetteville, AR 72701 RE: — Midtown Corridor RFQ 22-07 - CMAR Preconstruction Services Fee Proposal Ms. Foren, Crossland Heavy Contractors is pleased to present to you our Preconstruction phase services fee proposal for the above referenced project. - The Construction Manager's Fee for Preconstruction Phase Services shall be a not -to - exceed lump sum of $78,550.00. This includes an amount of $68,550.00 for the Phase 1 Services listed in Appendix A— Scope of Work along with an allowance of $10,000.00 for potholing with a Hydro —Excavator for up to 40 hours. - The Fee for Preconstruction phase services shall be invoiced as follows: ■ 50% upon completion of Phase 1.i - Construction Documents Phase ■ 50% upon completion of Phase 1.ii - Bid Phase - Personnel Billing Rates are as follows: i. Project Principal ii. Superintendent/Construction Manager iii. Design Manager iv. CM Project Manager V. Pre -Construction Manager vi. Lead Project Estimator vii. Procurement Manager viii. Safety Director ix. Assistant Superintendent X. Office Engineer A. Estimator xii. Field Engineer xiii. Admin xiv. Operated Hydro -Excavator $125.00/hr $120.00/hr $115.00/hr $110.00/hr $110.00/hr $90.00/hr $85.00/hr $85.00/hr $85.00/hr $75.00/hr $75.00/hr $75.00/hr $55.00/hr $250.00/hr (4-hour min.) - The Construction Manager's Fee for Phase 2 Guaranteed Maximum Price and Construction Administration Phase listed in Appendix A — Scope of Work is to be Page 1 of 2 RFQ 22-07, Appendix B - Fee Proposal determined upon issuance of change order for this phase of services. Please call or email with questions or concerns Respectfully, Ryan Adler Ryan Adler Director of Pre -Construction Services 479-721-5082 radler(cOeavycontractors.com Crossland Heavy Contractors Page 2 of 2 ►7 FAYETTE ILLE AR KA N SAS Fayetteville, AR 72701 Phone: 479-575-8256 TDD (Telecommunication Device for the Deaf): 479.521.1316 City of Fayetteville, AR Purchasing Division, Room 306 113 W. Mountain Street RFQ 22-07, Construction Manager at Risk for Midtown Corridor DEADLINE: Tuesday, June 28, 2022 prior to 2:00:00 PM, local time PRE -PROPOSAL CONFERENCE: Wednesday 6/8/22 at 2 PM — via Zoom DELIVERY LOCATION: Electronic via the City's Pre -Proposal Conference PURCHASING CONTACT: Andrea Foren, aforen@fayetteviIle-ar.gov DATE OF ISSUE AND ADVERTISEMENT: 06/05/22, 06/06/22 & 06/07/22 Late qualifications will not be accepted. .( N .0 RFQ's shall be submitted in accordance with the att �11�ety ;o�TN tteville sja�sations and RFQ documents attached hereto. Each Proposer is required to f' I n��very bd slily all information requested; failure to do so may be used as basis of rejectio !� I `" The undersigned hereby offers to furnish & iv �►e artleNr service aellof ied, at the prices & terms stated herein, and in strict accordance with the specifications a gen I cc Pc,i submittin which are made a part of this offer. This offer is not subject to withdrawal unless upo mutual n agree n the Proposer/Bidder and City Purchasing Manager. Name of Firm: Contact Person: Title: E-Mail: ` Phone: Business Address: City Signature: City of Fayetteville, AR RFQ 22-07, CMAR for Midtown Corridor Page 1 of 22 State: Date: Zip: City of Fayetteville RFQ 22-07, CMAR for Midtown Corridor Advertisement City of Fayetteville, Arkansas Request for Statements of Qualification RFQ 22-07, Construction Manager at Risk (CMAR) for Midtown Corridor The City of Fayetteville is accepting statements of qualifications from construction management firms properly licensed to provide, construction management / general contractor (CM/GC) services as a construction management at risk (CMAR) / guaranteed maximum (GMP) project for the Midtown Corridor Project. The project includes storm drainage, trail, sidewalks, enhanced crosswalks, turn lanes, new traffic signals, street lighting and landscaping. The project will include up to three separate phases to include the following: • Deane Street — Fire Department to Garland Ave. o Street widened from 2 to 3 lanes to include a nter turn lane o Connected Sidewalks on the south side from or r Road to Lynn's PI o A 12-foot wide trail on the north side 40 e U Agricultur • �iment Station o Enhanced trail crossingat Lynn's Pla� T�nect -u h Farm to Sycamore St. V" � g • Y • Sycamore Street from Garland Ave. to t a orbaerveenway &41* o Street widened from 2 to 3 AIW incIfT a Ohter t 0 12-foot wide shared use rail ou sid O o Sidewalks on the nort / _ • Poplar Street from Razorback GreedvN N 0 10-foot wide shared use pav trail V 0 10-foot wide shared use paved tra-4 644 Avenue OF side from Razorback Greenway to Gregg Ave south side of street from Yates Ave. to Woodland. ■ Pavement markings diki ting a on street bike route on Woodland Ave. that is shared with vehicles (no bike n or trail). ■ Enhanced crossi amore St to access Gregory Park Cj Professional Services required include: 1. Ensure all funds are spent in accordance with State of Arkansas Procurement laws 2. Guaranteed maximum price construction 3. Estimating 4. Sub -contractor bidding 5. Project and change order pricing 6. Schedule control 7. Management of demolition and reconstruction 8. Cost reduction and control 9. Project coordination with the design engineer and the City of Fayetteville. 10. Project close out City of Fayetteville, AR RFQ 22-07, CMAR for Midtown Corridor Page 2 of 22 11. Warranty To be considered, statements of qualification shall be received electronically through the City of Fayetteville, Purchasing Division's online bidding platform by Tuesday, June 28, 2022 before 2:00:00 PM, local time. A non -mandatory pre -proposal conference will be held on Wednesday, June 08, 2022 at 2:00 PM via Zoom. Meeting information can be found on the City's online bidding platform. The solicitation RFQ & addendums can be downloaded from the City's web site at http://favetteville- ar.gov/bids. All questions regarding the process should be directed to Andrea Foren at aforen@fayetteville- ar.gov Statements of qualification submitted shall be qualified o business and licensed in accordance with all applicable laws of the state and local governments where tto 16 ject is located. e`O Pursuant to Arkansas Code Annotated §22-9-203 "ty of Fa t ville urges all qualified small, minority and women business enterprises to bid on aeceiv `ortcts f �s, services, and construction. Also, City of Fayetteville encourages all gen ntr s tllsu rr portions of their contract to qualified small, minority and women business yr- ris The City of Fayetteville reserves the right to rejec In o II proposals and to waive irregularities therein, and all Proposers shall agree that such rejection shall�wi out liability on the part of the City of Fayetteville for any damage or claim brought by any Propos ruse of such rejections, nor shall the Proposers seek any recourse of any kind against the City of Fayet it ruse of such rejections. The filing of any Proposal in response to this invitation shall constitute an agre ent of the Proposer to these conditions. CITY OF FAYETTEVILLE, ARKANSAS By: Andrea Foren, NIGP-CPP, CPPO, CPPB Title: Purchasing Manager Ad dates: 06.05.2022, 06.06.2022, and 06.07.2022 City of Fayetteville, AR RFQ 22-07, CMAR for Midtown Corridor Page 3 of 22 City of Fayetteville RFQ 22-07, CMAR for Midtown Corridor Table of Contents SECTION: Cover Page Advertisement SECTION A: General Terms & Conditions SECTION B: Vendor References SECTION C: Signature Submittal SECTION D: Project Summary and Scope of Work City of Fayetteville, AR RFQ 22-07, CMAR for Midtown Corridor Page 4 of 22 PAGE NUMBER 01 02 05 12 13 16 City of Fayetteville RFQ 22-07, CMAR for Midtown Corridor SECTION A: General Terms & Conditions 1. SUBMISSION OF A STATEMENT OF QUALIFICATION SHALL INCLUDE: a. A written narrative describing the method or manner in which the Proposer proposes to satisfy requirements of this RFQ in the most cost-effective manner. The term Proposer shall be in reference to a firm or individual responding to this solicitation. The term proposal is used in these documents as equal to statement of qualification. b. A description of the Proposer's experience in providing the same or similar services as outlined in the RFQ. This description should include the names of the person(s) who will provide the services, their qualifications, and the years of experience in performing this type of work. Also, include the reference information requested in this RFQ. a. Electronic Submittal: Proposers are required to go to www.fayetteville-ar.gov/bids and follow the prompts to submit a statement of qualifications within the electronic bidding platform. Physical submittals are not allowed for this RFQ. i. SO(Xs shall be prepared simply and economically, providing a straightforward, concise description of its ability to meet the requirements r the project. Fancy bindings, colored displays, and promotional material are not requirelErrfhasis should be on ^Ieteness and clarity of content. All submittals shall be formate standard 8 %" x 11' cumentation. Exceptions would be schematics, exhibits, - res s, and City forms. Proposals shall be limited to twenty- five (25) pa less, u ng one am resumes, references, and forms required by the City fo etion. AN bposalS e uploaded in a PDF format to the City's electronic platform NO the s t AdeadIirW. b. Proposals will be reviewed followin ted a d ril ea s �he cover sheet of this document. Only the names of Proposer's will be av e th dea . e unti Fact has been awarded by the Fayetteville City Council. All interested parties uVe?Tt�n r do en ill not be available until after a valid contract has been executed and at that time oNy f tende le n. c. Proposers shall submit a statement o qualif" based on documentation published by the Fayetteville Purchasing Division. d. Proposals shall be uploaded as a singl` VBF document to the City of Fayetteville's online electronic bidding platform e. Proposals must follow the format a Ae Q. Proposers should structure their responses to follow the sequence of the RFQ, if provided. ci f. Proposers shall have experience in work of the same or similar nature and must provide references that will satisfy the City of Fayetteville. Proposer may furnish a reference list of clients for whom they have performed similar services and must provide information as requested in this document. g. Proposer is advised that exceptions to any of the terms contained in this RFQ or the attached service agreement must be identified in its response to the RFQ. Failure to do so may lead the City to declare any such term non- negotiable. Proposer's desire to take exception to a non-negotiable term will not disqualify it from consideration for award. h. Local time shall be defined as the time in Fayetteville, Arkansas on the due date of the deadline, per the online bidding platform being utilized by the City of Fayetteville Purchasing Division. Documents shall be received before the deadline. City of Fayetteville, AR RFQ 22-07, CMAR for Midtown Corridor Page 5 of 22 2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION: No oral interpretations will be made to any firms as to the meaning of specifications or any other contract documents. All questions pertaining to the terms and conditions or scope of work of this proposal must be sent in writing via e- mail to the Purchasing Department. Responses to questions may be handled as an addendum if the response would provide clarification to the requirements of the proposal. All such addenda shall become part of the contract documents. The City will not be responsible for any other explanation or interpretation of the proposed RFQ made or given prior to the award of the contract. 3. RIGHTS OF CITY OF FAYETTEVILLE IN THIS PROCESS: In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the following: a. The City of Fayetteville reserves the right to rank firms and negotiate with the highest-ranking firm. Negotiation with an individual Proposer does not require negotiation with others. b. The City of Fayetteville reserves the right to select the proposal that it believes will serve the best interest of the City. c. The City of Fayetteville reserves the right to accept or reject any or all proposals. d. The City of Fayetteville reserves the right to cancel the entire request. e. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the request for statements of qualification or resulting submittal. f. The City of Fayetteville reserves the right to request w necessary clarific$ti I�dditional information, or proposal data without changing the terms of the g. The City of Fayetteville reserves the right to ma e ectioni Prop�oi�eerform the services required on the basis of the original proposals without no ion. 4. EVALUATION CRITERIA: The evaluation criteria define the fa at e wed *t �ection committee to evaluate and score responsive, responsible and qualifi �sals o rs sha c de sufficient information to allow the selection committee to thoroughly evaluate al, score osa s. E roposal submitted shall be evaluated and ranked by a selection committee. The contract will be r to t o alified Proposer, per the evaluation criteria listed in this RFQ. Proposers are not guaranteed to ranked. 5. COSTS INCURRED BY PROPOSERS: All expenses involved with the preparatior4 submission of proposals to the City, or any work performed in connection therewith, shall be borne solely t Proposer(s). No payment will be made for any responses received, or for any other effort required of, or na the Proposer(s) prior to contract commencement. 6. ORAL PRESENTATION: An oral presentation and/or interview may be requested of any firm, at the selection committee's discretion. 7. CONFLICT OF INTEREST: a. The Proposer represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided in City of Fayetteville Code Section 34.26 titled "Limited Authority of City Employee to Provide Services to the City". The Proposer shall promptly notify Andrea Foren, City Purchasing Manager, in writing, of all potential conflicts of interest for any prospective business association, interest, or other circumstance which may influence or appear to influence the Proposer's judgment or quality of services being provided. Such written notification shall identify the prospective business association, interest or circumstance, the nature of which the Proposer may undertake and request an opinion to the City as to whether the association, interest or circumstance would, in the opinion of City of Fayetteville, AR RFQ 22-07, CMAR for Midtown Corridor Page 6 of 22 the City, constitute a conflict of interest if entered into by the Proposer. The City agrees to communicate with the Proposer its opinion via e-mail or first-class mail within thirty days of receipt of notification. 8. WITHDRAWAL OF PROPOSAL: A proposal may be withdrawn at anytime. LATE PROPOSAL OR MODIFICATIONS: a. Proposal and modifications received after the time set for the proposal submittal shall not be considered. Modifications in writing received prior to the deadline will be accepted. The City will not be responsible for misdirected bids. Proposers should refer to their submission status in the online electronic bidding platform to ensure submission confirmation. 10. LOCAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS: The laws of the State of Arkansas apply to any purchase made under this request for statements of qualification. Proposers shall comply with all local, state, and federal directives, orders and laws as applicable to this proposal and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO), Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract. b. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to su ontract portions of their contract to qualified small, minority and women business enterprises. 'Q� 11. COLLUSION: ' O The Proposer, by affixing his or her signature to this I, ag the folio 'i'�Proposer certifies that his proposal is made without previous understanding ment, or ectiorty person, firm or corporation making a proposal for the same item(s) and/or,-gfcc3s and s '1II respect a"'Without outside control, collusion, fraud, or otherwise illegal action." 12. RIGHT TO AUDIT FOIA AND JURISDICIT ,, O a. The City of Fayetteville reserve ivil e�itin a `eM6r's records as such records relate to purchases between the City and said vendor. it b. Freedom of Information Act: City conlQs and d ents prepared while performing City contractual work are subject to the Arkansas Freedom of Informati f a Freedom of Information Act request is presented to the City of Fayetteville, the (Contractor) will do eve hing possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas�rlpm of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant o tl�tee FOIA may be assessed for this compliance. c. Legal jurisdiction to resolve any i IN s all be Arkansas with Arkansas law applying to the case. 13. CITY INDEMNIFICATION: 6 The successful Proposer(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the services or any part thereof covered by this order, and such obligation shall survive acceptance of the services and payment thereof by the City. 14. VARIANCE FROM STANDARD TERMS & CONDITIONS: All standard terms and conditions stated in this request for statements of qualification apply to this contract except as specifically stated in the subsequent sections of this document, which take precedence, and should be fully understood by Proposers prior to submitting a proposal on this requirement. 15. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION: City of Fayetteville, AR RFQ 22-07, CMAR for Midtown Corridor Page 7 of 22 Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call 479.521.1316 (telecommunications device for the deaf), not later than seven days prior to the deadline. Persons needing translation of this document shall contact the City of Fayetteville, Purchasing Division, immediately. 16. PAYMENTS AND INVOICING: The Proposer must specify in their proposal the exact company name and address which must be the same as invoices submitted for payment as a result of award of this RFQ. Further, the successful Proposer is responsible for immediately notifying the Purchasing Division of any company name change, which would cause invoicing to change from the name used at the time of the original RFQ. Payment will be made within thirty days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest or penalty for untimely payments. Payments can be processed through Proposer's acceptance of Visa at no additional costs to the City for expedited payment processing. The City will not agree to allow any increase in hourly rates by the contract without PRIOR Fayetteville City Council approval. 17. CANCELLATION: a. The City reserves the right to cancel this contract without cause by giving thirty (30) days prior notice to the Contractor in writing of the intention to cancel or with cause if at any time the Contractor fails to fulfill or abide by any of the terms or conditions specified. 1 Failure of the contractor to comply with any of the provisions of the contract shall be considered a material breach of contract and shall be cause for immediate ter * tion of the contract at the discretion of the City of Fayetteville. G In addition to all other legal remedies available to4h ity of Fa tteville, theVit�ves the right to cancel and obtain from another source, any items and/ors \? whic a not beered within the period of time from the date of order as determined by the C' ayette e. In the event sufficient budgeted funds a Aft, 11O such occurrence and contract shall t� expense to the City. ^ 18. ASSIGNMENT. SUBCONTRACTING The CMAR shall perform this contract. consent of the City. If a Proposer inX intent in the proposal submitted as a res I new fijc p d, the City shall notify the vendor of day o 9rrent fiscal period without penalty or qOOR MERGERS: yibcontracting shall be allowed without prior written portion of this work, the Proposer shall disclose such In the event of a corporate acquisition and/or Nrger, the CMAR shall provide written notice to the City within thirty (30) calendar days of Contractor's of such action or upon the occurrence of said action, whichever occurs first. The right to terminati contract, which shall not be unreasonably exercised by the City, shall include, but not be limited to, instwhich a corporate acquisition and/or merger represent a conflict of interest or are contrary to anyocak.Vate, or federal laws. Action by the City awarding a proposal to a firm that has disclosed its intent to assisubcontract in its response to the RFQ without exception shall constitute approval for purpose of this Agreement. 19. NON-EXCLUSIVE CONTRACT: Award of this RFQ shall impose no obligation on the City to utilize the vendor for all work of this type, which may develop during the contract period. This is not an exclusive contract. The City specifically reserves the right to concurrently contract with other companies for similar work if it deems such an action to be in the City's best interest. In the case of multiple -phase contracts, this provision shall apply separately to each item. 20. ADDITIONAL REQUIREMENTS: The City reserves the right to request additional services relating to this RFQ from the Proposer. When approved by the City as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such additional requirements as may become necessary. City of Fayetteville, AR RFQ 22-07, CMAR for Midtown Corridor Page 8 of 22 21. SERVICES AGREEMENT: A written agreement, in substantially the form attached, incorporating the RFQ and the successful proposal will be prepared by the City, signed by the successful Proposer and presented to the Fayetteville City Council for approval and signature of the Mayor. 22. INTEGRITY OF STATEMENT OF QUALIFICATION (RFQ) DOCUMENTS: Proposers shall use the original RFQ form(s) provided by the Purchasing Division and enter information only in the spaces where a response is requested. Proposers may use an attachment as an addendum to the RFQ form(s) if sufficient space is not available on the original form for the Proposer to enter a complete response. Any modifications or alterations to the original RFQ documents by the Proposer, whether intentional or otherwise, will constitute grounds for rejection of such RFQ response. Any such modifications or alterations a Proposer wishes to propose shall be clearly stated in the Proposer's RFQ response and presented in the form of an addendum to the original RFQ documents. 23. LOBBYING: Lobbying or communicating with selection committee members, City of Fayetteville employees, or elected officials regarding request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by the bidder/proposer/protestor or any member of the bid der's/propose r's/protector's staff, and agent of the bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an organization that is responding to the request for proposal, request for quA cation, bid or contract, or has a pending bid protest is strictly prohibited either upon advertisement or on a da e ablished by the City yetteville and shall be prohibited until either an award is final or the protest is fi allolved by the City of y ville; provided, however, nothing herein shall prohibit a prospective/bidder r fro ontacting t hasing Division to address situations such as clarification and/or questions rel the ,,s�,�ent r For purposes of this provision lobbying activities or communication shall includ of be lim;N�to, infl or attempting to influence action or non -action in connection with any request posal{re t for a�u i i ion, bid or contract through direct or indirect oral or written communication or mpt t� btVn good persons and/or entities specified in this provision. Such actions may cause any r for asaeq t qualification, bid or contract to be rejected. 24. DEBARRED ENTITIES: By submitting a statement of quali cati e or st 't sitting entity is not a debarred company with the federal, any state, or local government. 25. OTHER GENERAL CONDITIONS: a. Proposers shall provide the City with prgpge�s si ned by an employee having legal authority to submit proposals on behalf of the Proposer. The entire cod o eparing and providing responses shall be borne by the Proposer. b. The City reserves the right to re \-NS7 additional information it deems necessary from any or all Proposers after the submission deadline. c. The request for statement of qua i ication is not to be construed as an offer, a contract, or a commitment of any kind; nor does it commit the city to pay for any costs incurred by Proposer in preparation. It shall be clearly understood that any costs incurred by the Proposer in responding to this request for statements of qualification is at the Proposer's own risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for reimbursement to the Proposer for any expense so incurred, regardless of whether or not the proposal is accepted. d. If products, components, or services other than those described in this bid document are proposed, the Proposer must include complete descriptive literature for each. All requests for additional information must be received within five working days following the request. e. Any uncertainties shall be brought to the attention to Andrea Foren immediately via e-mail at (aforen@fayetteville-ar.gov). It is the intent and goal of the City of Fayetteville Purchasing Division to provide City of Fayetteville, AR RFQ 22-07, CMAR for Midtown Corridor Page 9 of 22 documents providing a clear and accurate understanding of the scope of work to be completed and/or goods to be provided. We encourage all interested parties to ask questions to enable all Proposers to be on equal terms. f. No oral interpretation or clarifications will be given as to the meaning of any part of this request for statements of qualification. All questions, clarifications, and requests, together with answers, if any, will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed until after a contract is in place. g. At the discretion of the City, one or more firms may be asked for more detailed information before final ranking of the firms, which may also include oral interviews. h. Any information provided herein is intended to assist the Proposer in the preparation of proposals necessary to properly respond to this RFQ. The RFQ is designed to provide qualified Proposers with sufficient basic information to submit proposals meeting minimum specifications and/or test requirements but is not intended to limit a RFQ's content or to exclude any relevant or essential data. i. Proposers irrevocably consent that any legal action or proceeding against it under, arising out of or in any manner relating to this Contract shall be controlled by Arkansas law. Proposer hereby expressly and irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of jurisdiction or improper venue or any similar basis. k. The successful Proposer shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of City of Fayetteville. case the successful Proposer assigns all or any part of any monies due or to become due under this Contract, th Ins um of assignments ntain a clause substan- tially to the effect that is agreed that the right of the ssi e in and to any mo�pi<N or to become due to the successful Proposer shall be subject to prior lien erso arms, and co�� ons for services rendered or materials supplied for the performance of the se r Iled f t "s con a& The successful Proposer's attention is direc thefactj all�appGi Federal and State laws, municipal ordinances, and the rules and regulationsI autM-tie ?-e avingi risdion over the services shall apply to the contract throughout, and they will be e ed to be i ingTMtract as though written out in full herein. The successful Proposer shall kee i s If/hOfrul in all laws, ordinances and regulations of the Federal, State, and municipal gAnts rities in a anner affecting those engaged or employed in providing these services or in an ay a g the co u of the services and of all orders and decrees of bodies or tribunals having any jurisdiction or t over many discrepancy or inconsistency should be discovered in these Contract Documents or in the ecificapi herein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he shall herewitAepo* e same in writing to City of Fayetteville. 26. INSURANCE: ` a. Any project selected under this RF require professional liability insurance in the amount of $5 million US ,A dollars, at minimum. Such Certiff surance shall list the City as an additional insured and not be required unless firm is awarded a contr ct.tificate of insurance shall be provided within 10 (ten) calendar days after contract award. The City reser e right to provide builder's risk insurance in the event it results in a cost savings to the overall project. i. Professional/Comprehensive General Liability Insurance: Minimum $5 million ii. Builder's Risk iii. Worker's Compensation: Statutory amount iv. General Automotive Insurance as required by state law 27. SELECTION CRITERIA: The evaluation criterion below defines the factors which will be used by the selection committee to evaluate and score responsive, responsible and qualified proposals. The evaluation factors are as follows: City of Fayetteville, AR RFQ 22-07, CMAR for Midtown Corridor Page 10 of 22 1. 30 Points — Specialized experience and technical competence of the firm with respect to the type of professional services required 2. 25 Points — Capacity and capability of the firm to perform the work in question including specialized services, within the time limitations fixed for the completion of the project 3. 25 Points — Past record of performance of the firm with respect to such factors as control of costs, quality of work, and ability to meet schedules and deadlines 4. 20 Points — Firm's proximity to and familiarity with the area in which the project is located ****NOTE: Fees shall NOT be included with any statement of qualification. Price shall not be a considered a factor used to select a vendor. Price and fees will not be considered until the negotiating process and will be a factor in the award of any proposed contract. In the event the City is not able to negotiate a successful contract with the selected vendor, the City reserves the right to cease negotiations with such selected vendor and proceed on to the next selected vendor. G c� a,+ �C� r oQ� C3 City of Fayetteville, AR RFQ 22-07, CMAR for Midtown Corridor Page 11 of 22 City of Fayetteville RFQ 22-07, CMAR for Midtown Corridor SECTION B: Vendor References The following information is required from all firms so all statements of qualification may be reviewed and properly evaluated: COMPANY NAME: NUMBER OF YEARS IN BUSINESS: HOW LONG IN PRESENT LOCATION: TOTAL NUMBER OF CURRENT EMPLOYEES: NUMBER OF EMPLOYEES PLANNED FOR THIS CONTRACT FULLTIME PART TIME FULLTIME PARTTIME PLEASE LIST FOUR (4) REFERENCES IN WHICH CMAR HAS PREVIOUSLY PERFORMED CONTRACT SERVICES FOR WITHIN THE PAST FIVE (5) YEARS FOR PROJECTS OF SIMILAR SCOPE AND SIZE (All fields must be completed): 1. 2. COMPANY NAME COMPANY NAME CITY, STATE, ZIP STATE, ZIP 'Q� CONTACT PERSON •` CONT ERSON • V O • �/ TELEPHONE L PHONE* FAX NUMBER FA 'r or E-MAILADDRESS - AIL ADDRESS 3. 4. COMPANY NAME COMPANY NAME .1C —✓ CITY, STATE, ZIP (�j` CITY, STATE, ZIP CONTACT PERSON CONTACT PERSON TELEPHONE TELEPHONE FAX NUMBER FAX NUMBER E-MAIL ADDRESS E-MAIL ADDRESS City of Fayetteville, AR RFQ 22-07, CMAR for Midtown Corridor Page 12 of 22 City of Fayetteville RFQ 22-07, CMAR for Midtown Corridor SECTION C: Signature Submittal 1. Disclosure Information Proposer shall disclose any possible conflict of interest or disclose any financial interest with the City of Fayetteville, including, but not limited to, City of Fayetteville employees. Proposer response shall disclose if a known relationship exists between any principal or employee of submitting firm or its team members or sub -consultants, and any City of Fayetteville employee, or elected City of Fayetteville Official. If, to your knowledge, no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. This form must be completed and returned in order for your bid/proposal to be eligible for consideration. PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRIATELY APPLIES TO YOUR FIRM: 1) NO KNOWN RELATIONSHIP EXISTS 2) RELATIONSHIP EXISTS (Please explain): • I certify that; as an officer of this organization, or pert ' 1l�ked let ii o iz if authorizar� am duly authorized to certify the information provided herein is accurate and true; orga o% shall with all State and Federal Equal Opportunity and Non -Discrimination requirements diti sploym ' W 2. Additional Information v `� At the discretion of the City, one or more r q ay a ed for r tailed information before final ranking of the firms, which may also include oral int ANO :roposer submit to the City a primary contact name, e- mail address, and phone number (pref ably hone nu be where the City selection committee can call for clarification or interview via telephone. Name of Firm: 'qQ Lo Name of Primary Contact: Title of Primary Contact: C Phone#1 (cell preferred): E-Mail Address: Phone#2: 3. Please acknowledge receipt of addenda for this invitation to bid, request for proposal, or request for qualification by signing and dating below. All addendums are hereby made a part of the bid or RFQ documents to the same extent as though it were originally included therein. Proposers/Bidders should indicate their receipt of same in the appropriate blank listed herein. Failure to do so may subject vendor to disqualification. City of Fayetteville, AR RFQ 22-07, CMAR for Midtown Corridor Page 13 of 22 ADDENDUM NO. SIGNATURE AND PRINTED NAME DATE ACKNOWLEDGED 4. As an interested party on this project, you are required to provide debarment/suspension certification indicating compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. 5. Signature certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. 6. Pursuant to Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during anytime in w they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during c tra t the contractor decid&Sboycott Israel, the contractor must notify the contracted public entity in wriAg- 7.O�` SUB CONSULTANTS AND TEAM INFORMATION: /� O Proposer hereby certifies that proposals from the M%ing c uull a is we d . the preparation of this statement of qualification. Proposer shall attach additional Rwnece a is sec Ty applies if CMAR is proposing a sub consultant for estimating, scheduling, accou ayr d -co r ti n trade services. Type of Work: Subcontractor's Name: Arkansas License No: Address: G Date Firm Established: Percentage of Work: Type of Work: Subcontractor's Name: Arkansas License No: Address: Date Firm Established: Percentage of Work: Questions regarding this form should be directed to the City of Fayetteville Purchasing Division. City of Fayetteville, AR RFQ 22-07, CMAR for Midtown Corridor Page 14 of 22 NAME: COMPANY: PHYSICAL ADDRESS: MAILING ADDRESS: TAX ID#: SAM UEI#: PHONE: FAX: E-MAIL: ARKANSAS CONTRACTOR'S LICENSE NO: ARKANSAS SECRETARY OF STATE FILING NO: Signed by : C) 'Q� SIGNATURE: • O PRINTED NAME : V` • TITLE: �, • G DATE: c0i ♦ CO Cj� City of Fayetteville, AR RFQ 22-07, CMAR for Midtown Corridor Page 15 of 22 City of Fayetteville RFQ 22-07, CMAR for Midtown Corridor SECTION D: PROJECT SUMMARY AND SCOPE OF WORK A). PROJECT SUMMARY I. The City of Fayetteville is accepting statements of qualifications from licensed professionals to provide construction management at risk (CMAR) services for the Midtown Corridor Project. The project includes storm drainage, trail, sidewalks, enhanced crosswalks, turn lanes, new traffic signals, street lighting and landscaping. The project will include up to three separate phases to include the following: A. Package A: Deane Street — Fire Department to Garland Ave. 1. Street widened from 2 to 3 lanes to include a center turn lane 2. Connected Sidewalks on the south side from Porter Road to Lynn's Place 3. A 12-foot wide trail on the north side along the UofA Agricultural Experiment Station 4. Enhanced trail crossing at Lynn's Place, connecting through Tri-cycle Farm to Sycamore St. B. Package B: Svcamore Street from Garland Ave. to thc)orback Greenwa l 1. Street widened from 2 to 3 lanes to i 2. 12-foot wide shared use paved trA 3. Sidewalks on the north side C. Package C: POolar Street fror�Ra alk G �O a ce 6rn la e out i� to P(.^Mland Avenue 1. 10-foot wide shared A paveed"i t7e- no de7rom Razorback Greenway to Gregg Ave 2. 10-foot wide shared use pa6ed'trai on side of street from Yates Ave. to Woodland 3. Pavement markings designating a e bike route on Woodland Ave. that is shared with vehicles (no bike lanes or trail) 4. Enhanced crossing of Sycamo �Vllo access Gregory Park II. Olsson, Inc. is serving as th a sign professional for this project. III. ProjectProlect funding: The total project funding is to be provided by the City of Fayetteville and other funding sources. B). PROJECT INFORMATION & REQUIREMENTS I. Request for Qualifications (RFQ) responses shall be submitted from one single primary construction manager firm with each additional contracted third party as a subcontractor to the primary. The primary firm in addition to any contracted third party shall be disclosed with the RFQ response and be considered the project team for the overall construction scope of the project. This requirement to provide sub - consultant professionals does not include subcontractor trades for the actual construction items (Electrical, Masonry etc.) as those items will be bid after contract award. City of Fayetteville, AR RFQ 22-07, CMAR for Midtown Corridor Page 16 of 22 I. Responses shall not include price or hourly rates, or any pricing structure. Pricing shall be negotiated with the top ranked selected firm only and is not considered part of this selection. The City intends to negotiate each phase as a not to exceed fee with the selected firm. II. It is the intent of this solicitation to enter into a mutually beneficial agreement indicated by the draft provided with this RFQ. III.The Primary responding firm shall be experienced in constructing a wide variety of streetscape elements such as; street reconstruction, shared -use paved trails, sidewalks, stormwater infrastructure, lighting, signalization, landscaping, irrigation and specific pavement materials. Respondents to this RFQ shall submit at least three (3) similar type projects within the past 10 years that demonstrates successful street projects. Q. SCOPE OF WORK I. Overview: Anticipated phases are identified below with associated scope of work. Scope of work is not limited to any additional industry standard scope of work necessary to complete each phase. Selected Primary firm shall coordinate with the design team composed of Olsson Inc. and the City of Fayetteville in order to achieve best value for the overall success of the project, including working to achieve maximum cost savings. Coordination wicsign team is critical foI phases. II. PHASE 1: Design Development and Constructipr wings m the cur • s to final plans a. Construction Documents Phase �J" O • i. Review Construction ( 'iments r�s and, �fications. Olsson will submit construction docum its to t�A�sign t and the Construction Manager, and electronic versio ec y, F6r r 'ems!' st analysis and approval. (100% plan review). ii. Attend follow t meeti it th n team. iii. Provide guidance t to f' dent solutions to the plans to reflect issues noted the design team, inclu ' e of ecessary redesign prompted from the permit process. iv. Construction Documents/specifications and Project Drawings shall be routed through the City of Fayevilllfor required approvals. v. Assist Olsson in respoi g�n writing to all Design Team comments on plans. vi. Assist Olsson and. y with the bid form and identify all separate trade packages. vii. Facilitate wit nd the Design Team in conducting cost -benefit analyses to understand cd1 *ction costs, life -cycle cost impacts and long-term maintenance costs. viii. Coordinate with the design team to create plans for closure and detour of both pedestrian and street zones based on construction phasing. b. Bid Phase i. Coordinate with City Purchasing Division to ensure all procedures followed for this phase meet state laws and City of Fayetteville Purchasing Policies. ii. 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. iii. Provide distribution of plans to all interested parties. City of Fayetteville, AR RFQ 22-07, CMAR for Midtown Corridor Page 17 of 22 1. Maintain open communication with the City of Fayetteville Purchasing Division throughout the bidding process. 2. Distribution of all documents shall be done in a fair and unbiased manner while keeping all interested parties on equal terms. 3. Document and keep an updated accurate record of plan holder's and provide updated listings to all interested parties in a timely manner. 4. Answers to questions and inquiries shall be made in the form of an addendum and shall be provided to all interested parties at the same time. iv. Coordinate with City Purchasing Division during pre -bid meeting, facilitate and attend the Bid Opening. v. Maintain open communication with the City Purchasing Division during any process involving Request for Information (RFI). vi. Any addenda shall be provided to the Purchasing Division for 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. vii. In the event the CMAR desires to self -perform a portion of the work or a trade package, the CMAR shall submit a bid package in the same time and manner as other interested parties. viii. Assist with the design of all Bid Prop s� ix. Review Olsson's Recommendation o rd Letter that incl t e following required content (and assist with): , •`` 1. Check for math errors �+ont',Aamathe &$discrepancies, 2. Review for unbalan ISi�Yitems, • 3. Coordinate with i y Pu fh ssrg DivigsiQ in��Finalizing a Certified Bid Tabulation including En esti a , V ��/ 4. Review of ctor' ar�fal s `d references provided, 5. Expla dis ar s be the Engineer's estimate and bids, and 6. Meet h the o provi ormal written recommendation of award. x. Attend City Councig(s o recommendation for award of Contract(s) for Construction. `� III. Phase 2 Guaranteed Maximum Price an,�I.Con truction Administration Phase ♦ %V a. Construction AdminZo se i. Put forth dilically responsible efforts to ensure the project will be completed on time and et. ii. AttendPre-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 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, and City of Fayetteville staff team at least twice (2) per month. City of Fayetteville, AR RFQ 22-07, CMAR for Midtown Corridor Page 18 of 22 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. b. 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) 3. Produce a project narrativymjt provides a compr ensive review of the construction activities for the ect with a project t ve submitted for City approval at the complet 04Leach tract phasa+` '�\,, D . PROFESSIONAL SERVICES AND ADDITIONAL R MENTK� • �� 1. Professional Services: NA a. Any entity respondi iA RF s II e c licensed contractor with the State of Arkansas Contractor' n Fail re t Id a current contractor's license shall result in submittal rejection. II su actors n t roject shall be properly licensed by the State of Arkansas Contractor's Licen ' and b. Any industry standard cost share ngs incentive practices desired for discussion during contract negotiations should be osed with RFQ response. Cost sharing practice shall be presented in the format of aI A0al best practices approach and contract terms and shall not include pricing related figSLs Pricing and fees are not part of the selection criteria and shall not be include with RFQ sybnlwt. c. The resulting contrg%Af this solicitation shall be a Guaranteed Maximum Price (GMP) construction contract; however, price itself shall not be considered until a firm has been selected based on qualifications. Price will be negotiated with the most qualified firm, as evaluated and voted on by the selection committee. d. Estimating e. Performance and payment bonding. After a contract has been awarded to the selected construction manager (CM) and within ten (10) calendar days of the final construction contract being finalized, provide a 100% separate performance and payment bond to the City of Fayetteville after being file marked at the Washington County Circuit Clerk's Office. City of Fayetteville, AR RFQ 22-07, CMAR for Midtown Corridor Page 19 of 22 f. Construction contracts for the project shall not be entered into 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. The CMAR shall hold all trade contracts and purchase orders and shall bond and guarantee the project. g. After contract award, the awarded CM shall furnish a certificate of insurance showing that insurance policies are carried in amounts acceptable to the City. Forms of insurance shall be, Comprehensive General Liability, Builder's Risk, Property Damage Insurance, Worker's Compensation, and Automobile coverage. Such insurance shall be kept in full force and in effect until all work has been satisfactorily completed and accepted. All certificates of insurance shall list the City of Fayetteville as an additional insured. h. Ensure all funds spent are in accordance with State of Arkansas procurement laws, including but not limited to • Ensuring CMAR maintaining a proper license with the Arkansas Contractors Licensing Board • Ensuring all subcontractors on the project are properly licensed by the Arkansas Contractors Licensing Board • Compliance with Arkansas state la(cluding but not lim' sections: o A.C.A. § 14-58-10 �`+ o A.C.A. § 19-11- • O o A.C.A. § 17- ' G` o A.C.A. -10 O o A. -3 o A.C. . § - 3 1 o A.C.A. § 12 0-10 o A.C.A. § 22-9-101 o A.C.A. § 22N9-CO o A.C.A! 104 o A. A. 2-9-213 o A.C.A. § 22-9-401 o A.C.A. § 22-9-501 o A.C.A. § 22-9-601 o A.C.A. § 22-9-701 o And all competitive bidding statutes shall remain in full force and effect and not be affected hereby o This project shall not authorize a design -build project contract or sub- contracts City of Fayetteville, AR RFQ 22-07, CMAR for Midtown Corridor Page 20 of 22 i. Project and change order pricing j. Schedule control k. Cost reduction and control I. Project coordination m. Project close out n. Warranty 2. Submittal Requirements: The RFQ submittal should contain the following response items arranged in order, tabbed, and with a table of contents. In order to issue a uniform review process and to obtain the maximum degree of comparability, it is required that the submittal be organized in the manner specified. a. Title Page: Show the name of agency/firm, address, and telephone number, name of contact person, date, and subject: RFQ 22-07. b. Table of Contents: Include a clear identification of the material by section and by page number. c. Letter of Interest: Name, address, brief history of firm and Submitter's interest in the proposed project. Briefly state the agency/firm understands the work to be done and makes a positive commitment to perform the work. Give th me of the person(s) who will be authorized to make representation for the Submitter, thei(titalris,addresses and tele"e numbers. Describe the perceived strengths to carry out the Ject. ••`O d. Project Team Organization: Provide •I aniz n chart irolhOng the relationship between the Submitter's staff members w res o ities r o this project. Indicate on the chart the names of key pers and h it titles.* u it professional qualifications and resumes of staff to be assi o this pr ' t, sho where they have performed work on similar projects includin uct' afflge P projects. e. Specialized and Past i nc e i rm n gp regarding past experience in relation the g services requested in t is R i udin i for tion pertaining to customer satisfaction, timely completion, and meeting b e on rojects executed under a GMP contracting format. Actual price and fees shall not e i e in submittal. f. Schedule: Submitter shall provi- a eneral schedule for the completion of the scope of the specified project. g. Additional Background:* emitters are invited to include a maximum of two pages of information not inclu ed I ove which may be useful and applicable to this project. 3. Items to Specifically Include with esponse: Responses shall include the following in addition to other requirements specified. a. Prior experience constructing streetscape and similar project types. b. Statement regarding understanding of pre -construction services and approach to billing for pre - construction services. Included as part of this statement should include a clear definition of understanding for what a Guaranteed Maximum Price (GMP) means. c. Records of management teams on similar projects with timely completion, and high -quality workmanship. City of Fayetteville, AR RFQ 22-07, CMAR for Midtown Corridor Page 21 of 22 d. Records of previous similar projects with owner verification and contact information. Please provide contact information including reference contacts of the owner and architect on at least 3 projects. These projects should be within the past five years. e. Current and projected workload f. Current maximum bonding capacity and rate g. Proof of licensure from the State of Arkansas Contractor's Licensing Board E). ANTICIPATED PROJECT TIMELINE: Date Time Description Monday 6/5/22, 6/6/22, and 6/7/22 N/A Advertisement for RFQ in local newspaper, 3 consecutive days Wednesday, June 08, 2022 2:00 PM Pre -Proposal Conference —open to all interested parties Tuesday, June 28, 2022 2:00 PM Deadline to submit a Statement of Qualification — electronic only TBD TBD Selection Committee Meeting — short list firms TBD TBD Interviews with short listed firms All interested parties are advised, per City Policy, that all contact between interestedi�ahies and the City shall be through the City of Fayetteville Purchasing Divisio restgd�arties are &NONy forbidden to discuss this project with any City Staff member or Elected Offici O �� O 000p 'Q O P O- .CO G♦ City of Fayetteville, AR RFQ 22-07, CMAR for Midtown Corridor Page 22 of 22 RFQ22-07, Addendum 1(File 02) Date: Wednesday, June 22, 2022 To: All Prospective Vendors From: Andrea Foren — 479.575.8289 — aforen@favetteviIle-ar.gov RE: RFQ 22-07, CMAR — Midtown Corridor CITY OF FAYETTEVILLE . ARKANSAS This addendum is hereby made a part of the contract documents to the same extent as though it were originally included therein. Bidders should indicate their receipt of same in the appropriate blank of the Signature Submittal Form. 1. Is there currently an estimated timeline for mobilization or completion? a. The timeline will be developed and coordinated after the CMAR is selected and has completed phase 1 for design review services. b. City anticipates the work being phased; howev e final timelineoi �Ginalized later with coordination with the selected CMAR, desi earn. �§ " 2. Is there current) an estimated value for w �pn th i n Cora Y dr a. The overall and final not to exce for s r tion �' eveloped by the selected CMAR; however, the City estimates roject to b' the r $7-8 million for all 3 scopes of work. 3. The plans for the Midtown Co o o' cJS% and are included with this addendum via File p �p &ill 03 —Project Drawings, 95% complet pla finalized after consulting with the selected CMAR. a. This file is available in the City's onlirl ing portal under RFQ 22-07. 4. Interested parties are reminded not tole pricing with RFQ response, including percentage fees, hourly rates, etc. G� City of Fayetteville, AR RFQ 22-07, Addendum 1 Page111 Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal CITY OF V FAYETTEVILLE ARKANSA RFQ 22-07 Addendum 1 Crossland Heavy Contractors, Inc. Supplier Response Event Information Number: RFQ 22-07 Addendum 1 Title: RFQ 22-07, CMAR for Midtown Corridor Type: Request for Qualifications Issue Date: 6/5/2022 Deadline: 6/28/2022 02:00 PM (CT) Notes: The City of Fayetteville is accepting statements of qualifications from construction management firms properly licensed to provide, construction management / general contractor (CM/GC) services as a construction management at risk (CMAR) / guaranteed maximum (GMP) project for the Midtown Corridor Project. The project includes storm drainage, trail, sidewalks, enhanced crosswalks, turn lanes, new traffic signals, street lighting and landscaping. The project will include up to three separate phases. Contact Information Contact: Andrea Foren Purchasing Manager Address: Purchasing Room 306 City Hall 113 West Mountain Street - Room 306 Fayetteville, AR 72701 Phone: 479 (575) 8289 Email: aforen@fayetteville-ar.gov Page 1 of 2 pages Vendor: Crossland Heavy Contractors, Inc. RFQ 22-07 Addendum I RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal Crossland Heavy Contractors, Inc. Information Contact: Kaylee Mann Address: 501 S. East Ave Columbus, KS 66725 Phone: (620) 429-1410 Email: kmann@heavycontractors.com By submitting your response, you certify that you are authorized to represent and bind your company. Dan Thompson Signature Submitted at 612812022 01:01:47 PM (CT) Requested Attachments dthompson@heavycontractors.com Email RFQ 22-07, Response Submittal Crossland Heavy_MidtownCorridor RFQ 22-07.pdf Please upload your completed response, including all required forms. Page 2 of 2 pages Vendor: Crossland Heavy Contractors, Inc. RFQ 22-07 Addendum I RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal PREPARED FOR: City of Fayetteville, Arkansas Purchasing Division, Room 306 113 W Mountain Street, Fayetteville, AR 72701 i RFQ 22-07 Construction Management at Risk i Midtown Corridor PREPARED BY: Crossland Heavy Contractors Dan Thompson 705 S Lincoln Lowell, AR 72745 t. 479-347-7960 RFQ 22-01, Appendix D - Crosslan Q Submittal 01 pg 3 n Letter of Interest 02pg 4 Project Team Organization 03pgii Specialized + Past Experience 04 pg 17 Schedule 05pg 19 Additional Background 06pg 21 Supplementary Items 07pg 28 Required Documentation x 1 \,. IWM J RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 01 - Letter of Interest June 28, 2022 City of Fayetteville, AR Purchasing Division, Room 306 113 W Mountain Street Fayetteville, AR 72701 RE: RFQ 22-07 Construction Manager at Risk for Midtown Corridor Great streets are walkable, accessible, interesting, comfortable, safe, and memorable. More than anything else, streets define a community's character. Poplar, Sycamore, and Deane are all essential to the function of midtown Fayetteville and essential to the atmosphere of the community. As Community Builders, it is our mission to help our communities to grow, improve, and prepare for all that the future may bring. Our people have been rooted in Northwest Arkansas for 25 years and have loved seeing all the growth that has come to our region. Part of the pride we take in our Northwest Arkansas Community has come from our work — we have built the parks our families play in, constructed the water treatment plants that supply our homes, widened the roads which improve our commutes, laid miles of trails that we walk and bike, and developed beautiful streetscapes which enhance our Friday nights on the town. We love Northwest Arkansas, and we eagerly anticipate every opportunity to help our community grow and thrive. Our story began performing hard -bid work, and we continue to perform and win more and more hard -bid projects every year. We've developed relationships with countless subcontractors and suppliers through the years which has enabled us to stay competitive in a market which seems to grow daily. As the procurement laws changed, we also grew our Collaborative Delivery capabilities. We have guided several Northwest Arkansas communities through their first CMAR and Design Build projects and have since received more opportunities to work with these clients on additional collaborative jobs. To us, each client is our partner. We focus on establishing trust through a completely open and honest policy and a client -first mentality. We work for your community, and we work for your bottom line. Throughout our submission you will find highlights of our experience, our team, and our intentions for your project. As an experienced heavy civil contractor, we understand the resources, expertise, safety precautions, and manpower required for your project. Our hand -selected team members will be acutely focused on cost control, quality workmanship, coordination with University events, collaboration amongst the project team, and fast -track scheduling throughout the course of your project, starting with an effective Pre -Construction phase. We understand the market, we understand the needs of your community, and we are the team you can trust to bring this project to reach its highest potential. Our team's commitment, experience, and values will ensure that your project runs smoothly and is successful. Our client -first approach means we are here for you, and we will do whatever it takes to help you succeed. Respectfully, Dan Thompson Vice President/Arkansas Division Manager dthompson@heavycontractors.com Crossland Heavy Contractors 1 3 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 02 - Project Team Organization Org Chart + Resumes PROJECT EXECUTIVE Dan Thompson ,elt Crossland Heavy Contractors 1 4 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 02 - Project Team Organization DAN THOMPSON Project Executive CONTACT 0 dthompson@heavycontractors.com 0 479-366-1637 YEARS OF EXPERIENCE 27 Years EDUCATION Bachelor of Science Construction Engineering & Technology Pittsburg State University CERTIFICATIONS OSHA 10 Hour Smith Driving Certified INDUSTRIAL + CIVIC INVOLVEMENT Springdale Rotary Club As Vice President of the Company and Manager of the Arkansas Division, Dan Thompson is responsible for supervising all management personnel based and operating within the Arkansas Division. He directly oversees all projects in his region, providing input and executive authorization. Dan is an extremely active and involved Project Executive and will offer guidance and direction throughout the life of your project. During the Pre -Construction Phase, Dan will oversee your project's budget and schedule creation. During the Construction Phase, he will observe your project's production rates and progression, offering input and guidance as necessary to help your project reach a timely and cost-efficient completion. A known problem solver, Dan maintains a keen focus on your project's schedule and budget. Dan Thompson will serve as your primary contact for this submission. PROJECT EXPERIENCE partial list ■ Decatur MBR Expansion, Decatur, AR, $9.31M (Design -Build) ■ Davidson WWTP, Hot Springs, AR, $4.5M (Design -Build) ■ Maple & Lafayette Bridge Rehab, Fayetteville, AR, $1.7M ■ Rogers Handling Facility, Rogers, AR, $8M (CMAR) ■ Tyson Green Forest WWTP, Green Forest, AR $3.3M (Design -Build) ■ Gene George Boulevard Improvements, Springdale, AR, $5.1 M ■ Bellview Road North, Rogers, AR, $11.51M ■ North Rupple Road, Fayetteville, AR, $5.5M ■ Monte Ne Road Realignment, Rogers, AR, $9.31M ■ Middle Fork White River Bridge, Fayetteville, AR, $8M ■ Kessler Mountain Regional Park Phase 2, Fayetteville, AR, $6.4M ■ Razorback Greenway Improvements, Bentonville, AR, $369K Crossland Heavy Contractors 1 5 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 02 - Project Team Organization RYAN ADLER, DBIA Preconstruction Lead Ryan will serve as Preconstruction Lead for this project. Ryan will engage with the project team to champion the Pre -Construction effort and will assist the project team in budget and schedule development, value analysis, and overall management. Ryan has cutting -edge knowledge regarding the development and implementation of best practices for collaborative delivery projects, including Construction Manager at Risk and Design -Build. Ryan brings over 14 years of experience in the Construction Industry and will contribute greatly to the collaborative efforts required to make this project a success. Ryan has recently completed an $8M CMAR project at the Rogers Pollution Control Facility in Rogers, Arkansas, and a $9M+ Progressive Design -Build Project at the Decatur MBR Expansion Project in Decatur, Arkansas. Ryan led an outstanding collaborative effort on these projects to bring them to a timely completion within budget. CONTACT Ryan is actively involved in the Water Design Build Council, and is the past President of the Ozarks Chapter of the Design Build Institute radler@heavycontractors.com 0 of America. Ryan's vast project experience and his knowledge gained 479-721-5082 O through his active involvement in these two organizations will bring a wealth of value to this City of Fayetteville Midtown CMAR project. YEARS OF EXPERIENCE PROJECT EXPERIENCE partial list 14Years ■ Rogers Water Utilities Train 2 Basin Rehab, Rogers, AR, $2M EDUCATION (Progressive Design -Build) Bachelor of Science ■ WOKA Whitewater Park, Watts, OK, $30M (CMAR) Construction Engineering & Technology Pittsburg State University ■ Rogers Solids Handling Facility, Rogers, AR, $7.8M (CMAR) ■ Monte Ne Road Realignment, Rogers, AR, $9.3M CERTIFICATIONS ■ Decatur MBR Expansion, Decatur, AR, $9.6M (Design -Build) DBIA Professional OSHA 30 Hour ■ Davidson Wastewater Treatment Plant, Hot Springs, AR, $9M Associate Constructor (AC) ■ Tyson Green Forest WWTP, Green Forest, AR $3.3M (Design -Build) Trenching/Excavation Training ■ Broken Arrow Water Supply Improv, Broken Arrow, OK, $57M Rigging & Signaling Certified ACI Concrete Field Testing Tech Grade 1 HAZCOM-GHS Training General Fall Protection Training INDUSTRIAL + CIVIC INVOLVEMENT Riverton Youth Sports WDBC Advisor Member DBIA Member Crossland Heavy Contractors 1 6 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 02 - Project Team Organization BILL HAGENBURGER, PE Engineering Lead CONTACT 0 bhagenburger@heavycontractors.com 0 479-903-0532 YEARS OF EXPERIENCE 31 Years EDUCATION Master of Science Civil Engineering Virginia Polytechnic Institute and State University Bachelor of Science Civil Engineering Villanova University AFFILIATIONS Trustee, American Water Works Association (AWWA) Engineering and Construction Division 2017-2020 Member, AWWA Standards Committee on Concrete Pressure Pipe Member, American Water Works Association Past Chair Southwest Section AWWA Water Environment Federation Springdale Rotary Club For this project Bill will provide Engineering support and coordination for the project team. He has over 31 years' experience in the design, construction, startup and operations of water and wastewater treatment facilities. He started his career working for an Environmental Engineering Firm where he conducted master planning, preliminary design, detailed design, and construction management. He then spent the next 20 years working for Beaver Water District as the Plant Engineer and then COO. He provided engineering support to the Operations, Maintenance, Electrical, and Instrumentation departments along with managing the District's pilot facility. He also managed the construction of over $110 million dollars of the District's expansion and improvement projects. Bill's engineering, construction and Owner experience will provide valuable insight to the project team to ensure an efficient design, and construction process. He will consistently communicate with the project team to ensure the design and construction are completed in a way that will provide the best possible product to you, the owner. PROJECT EXPERIENCE partial list ■ Joe M Steele Water Treatment Plant, Lowell, AR, $26.2M ■ Beaver Water Surge Tank, Lowell, AR, $264K ■ BWD Filter -to -Waste and Solids Processing Improvements, Lowell, AR, $4.5M (CMAR) ■ Master Planning Study for the Joe M Steele and Hardy Croxton WTPs, Lowell, AR ■ Mohawk Water Treatment Plant, Tulsa, Oklahoma, $47.8M ■ Jack H. Wilson and Ozark Point WTPs Improvements, Little Rock, AR ■ Steele/Croxton Water Treatment Plants Phase 1A Improvements, Lowell, AR ■ Headworks Facility for the South County Regional WTP Expansion, Hillsborough County, Florida Tri-County Ozone Project, NJ ■ St. Vrain Supply Canal and Carter Lake Outlet Works Diversion Structure, Northern CO ■ Hardy Croxton Water Treatment Plant, Lowell, AR ■ City of Roseville Wastewater Treatment Plant Expansion ■ Charlotte County Utility Acquisition, Charlotte County, FL Crossland Heavy Contractors 1 7 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 02 - Project Team Organization COLE RINK Lead Estimator CONTACT 0 crink@heavycontractors.com 0 620-202-0264 YEARS OF EXPERIENCE 17 Years EDUCATION Bachelor of Science Technology Construction Management Pittsburg State University CERTIFICATIONS OSHA 30 Hour Smith Driving Certification As your Lead Estimator, Cole Rink will accurately analyze your project's scope. He'll craft effective bid packages that descriptively communicate and cover all scopes of work. He makes sure subs are comfortable with what they are bidding by offering clarifications, communicating addenda, or, if necessary, additional transmittals. He will take local and regional sub and supplier markets into consideration when advertising. On bid day, he will gather and analyze all bids to make sure they are complete. Then, Cole and the rest of the preconstruction team will make their recommendations to you on which subs and suppliers bring maximum value. PROJECT EXPERIENCE partial list ■ Gene George Boulevard Improvements, Springdale, AR, $5.1 M ■ Bellview Road North, Rogers, AR, $11.5M ■ North Rupple Road, Fayetteville, AR, $5.5M ■ Maple & Lafayette Bridge Rehab, Fayetteville, AR, $1.7M ■ Monte Ne Road Realignment, Rogers,AR, $9.3M ■ Emma Avenue Streetscape Improvements, Springdale, AR, $1.2M ■ 61st + Memorial Arterial Street, Tulsa, OK, $6.7M ■ MoDOT 554 Statewide Safe & Sound Bridge, $500M+ ■ Hwy 264 Interchange, Lowell, AR, $6.1 M ■ Fort Smith Interstate 540 Project, Fort Smith, AR, $78M ■ Middle Fork White River Bridge, Fayetteville, AR, $8M ■ War Eagle Bridge, Rogers, AR, $1.4M ■ Kessler Mountain Regional Park Phase 2, Fayetteville, AR, $6.4M ■ Razorback Greenway Improvements, Bentonville, AR, $369K ■ Rogersville Freeway, Rogersville, MO, $25M (Design -Build) ■ Manchester Parkway/Bridge, Kansas City, MO, $60M (Design -Build) ■ Lake Sequoyah Twin Bridges, Fayetteville, AR Crossland Heavy Contractors 1 8 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 02 - Project Team Organization I JASON NECESSARY Project Manager CONTACT 0 jnecessary@heavycontractors.com 0 479-282-6570 YEARS OF EXPERIENCE 12 Years EDUCATION Bachelor of Science Organizational Management John Brown University CERTIFICATIONS OSHA 10 Hour Smith Driving Certification As Project Manager, Jason will be responsible for the overall planning and administrative management of your project. During the Pre -Construction Phase, Jason will be an active participant in subcontractor bidding and bid analysis, as well as the development of your project's budget and schedule. Throughout the course of your project, Jason will manage all cost accounting and contract administration activities. Jason will also serve as your project's document control manager, maintaining a descriptive project log and database that archives all associated documents associated with your project. Jason is an excellent communicator and will be in constant contact with Crossland's Superintendent. He will work alongside the Superintendent to ensure all productivity standards are being met and communicate progress to all project stakeholders. Jason will also be a valuable asset and communicator to both Owners and Designers, both of whom he will dialogue with on a weekly basis. Jason will also be responsible for conducting bi-monthly Owner, Engineer and Contractor Progress Meetings so all parties are fully apprised of your project's standing. PROJECT EXPERIENCE partial list ■ North Rupple Road + Bridge, Fayetteville, AR, $5.5M ■ Centennial Park Improvements, Fayetteville, AR, $3.1 M ■ Sain Street Extension, Fayetteville, AR, $4.4M ■ ARDot 012007 Randall Wobbe Ln Utilities, Springdale, AR, $0.8M ■ 1st Street Water Sewer Improvements, Rogers, AR, $1.4M* ■ Branchwood Park Trail, Bella Vista, AR, $0.85M* ■ Tyson Plant Earthwork + Utilities, Humboldt, TN, $9.9M ■ Fitness One Site Package, Fayetteville, AR, $0.8M* • Washington Regional Medical Offices Site Package, Fayetteville, AR, $0.75M* ■ Fellowship Bible Site Package, Fayetteville, AR, $0.65M* ■ Morningside Subdivision Ph II Utilities & Storm Drain, $0.3M* *previous employer experience Crossland Heavy Contractors 1 9 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 02 - Project Team Organization WILL ROSTECK Superintendent CONTACT 0 wrosteck@crossland.com 0 479-841-3544 YEARS OF EXPERIENCE 7 Years EDUCATION Bachelors of Science Technology Construction Management Pittsburg State University CERTIFICATIONS OSHA 30 Hour ATSSA Certified BNSF Walmart SWPPP Certification Certified Forklift Operator CPR/First Aid Certified As the Project Superintendent, Will will serve as a vested field manager, equipped with the skills and authority to advise and task subcontractors and tradespersons with confidence. Will will drive the schedule and overall quality of your project as it progresses through the construction phase. He will communicate daily with subcontractors, suppliers, and Crossland Heavy's self - performing teams so your project maintains optimum efficiency. Each week he will develop and implement detailed production schedules and hold safety and pre -task planning meetings with site personnel. He will also communicate with Crossland Heavy's Project Manager daily and participate in project team meetings with the Owner and Engineer. Production schedules, quality control, and safety are some of Will's primary responsibilities. Will is committed to creating a safe work environment by developing a culture of safety on site and holding each individual accountable for safe behavior. PROJECT EXPERIENCE partial list ■ Hwy 62/102 Improvements + 8th Street Widening, Bentonville, AR, $28.8M ■ Hwy 45/Old Wire Road, Fayetteville, AR, $1.2M ■ 56th Street Improvements, Springdale, AR, $3M ■ Fulbright Ramp N Shiloah Drive, Fayetteville, AR, $1.7M ■ Fayetteville Regional Park Phase I, Fayetteville, AR, $9.5M ■ Crossmar Industrial #4, Bentonville, AR, $6.7M ■ Crossmar Industrial Park Building #6, Bentonville, AR, $7M ■ Hog Wild, Bentonville, AR, $5.7M ■ Hog Wild II Office Infill, Bentonville, AR, $6M Crossland Heavy Contractors I 10 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 03 - Specialized + Past Experience WOKA WHITE WATER PARK O PROJECT LOCATION ENGINEER Watts, Oklahoma Merrick Dan Shea 303-800-9066 L�CLIENT J Grand River Dam Authority Holly Moore DELIVERY METHOD 918-610-9707 CMAR © CONTRACT AMOUNT $30,000,000 Collaborating to construct a state-of-the-art park for NWA Crossland Heavy constructed the WOKA Whitewater Park in the Illinois River around the existing Lake Frances Dam. The project consisted of an approximately 1200-foot long whitewater recreation course, a new potable water line, wastewater lift station and pipeline, automated park entrance with payment kiosk, improved and new access roads, parking lot with lighting, changing/restroom building, a harvested rock berm along existing bedrock, dam hazard mitigation structure, and offsite wetland mitigation. The CMAR delivery method allowed the project team to work together collaboratively and to develop the best solutions to mitigate the hazards that come with working in a river. It also allowed for the team to develop value engineering ideas to ensure the project would fit into the owner's budget without sacrificing functionality. Crossland Heavy Contractors I 11 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 03 - Specialized + Past Experience 1 ST STREET WATER SEWER IMPROVEMENTS 0 PROJECT LOCATION ENGINEER Rogers, AR CEI Engineering Associates Brent Massey r 1 CLIENT 479-273-9472 City of Rogers Lance Jobe CONTRACT 479-621-1140 COMPLETION DATE 9/22/20 © CONTRACT AMOUNT ACTUAL COMPLETION $1,361,000 DATE 8/21/20 Revitalizing downtown Rogers one street at a time The City of Rogers embarked on a series of projects to revitalize their downtown. These projects included improvements to pedestrian safety and accessibility, utility piping replacements, beautification of the streets, and traffic flow improvements. Crossland Heavy Contractors worked as a subcontractor on this project to complete the utility and sidewalk scopes of work. Altogether we replaced about 1,100 LF of 8" water main and extended the sewer main by 150 LF. We poured new curb and sidewalk, creating a beautiful, safe path for pedestrians enjoying all downtown Rogers has to offer. Crossland Heavy worked on a tight timeline and maintained constant communication with the contractor to keep downtown businesses operational and open to the public. Crossland Heavy Contractors 1 12 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 03 - Specialized + Past Experience S ARKANSAS STREET GATEWAY 0 PROJECT LOCATION ENGINEER Rogers, AR CEI Engineering Associates Brent Massey r 1 CLIENT 479-273-9472 City of Rogers Lance Jobe CONTRACT 479-621-1140 COMPLETION DATE 10/31 /22 © CONTRACT AMOUNT ACTUAL COMPLETION $9,650,000 DATE On track Helping the City of Rogers to bring more pedestrians and fewer vehicles to their beautiful downtown The City of Rogers started this project as a part of their downtown revitalization effort with the goal of increasing pedestrian traffic and decreasing vehicle traffic. The South Arkansas Street Gateway project included 2,400 linear feet (LF) of street reconstruction including multi -use trail, 3,480 LF of cross street work, 4,950 LF of waterline, 3,045 LF of sanitary sewer, and storm drainage system. The project included both functional and aesthetic improvements to serve the local businesses, pedestrians, and bikers. Crossland Heavy ensured local businesses could remain operable throughout the construction process. We also put many safety measures into place that would not only keep traffic flowing, but would also keep both workers and residents safe. Overall the improvements have made this area of downtown Rogers a peaceful, beautiful, and safe area to walk, bike, and conduct business. Crossland Heavy Contractors 1 13 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 03 - Specialized + Past Experience 14 BELLVIEW ROAD NORTH 0 PROJECT LOCATION ENGINEER Rogers, AR McClelland Consulting Engineers 479-443-2377 L�CLIENT J City of Rogers CONTRACT Lance Jobe COMPLETION DATE 479-621-1186 2/1/17 © CONTRACT AMOUNT ACTUAL COMPLETION DATE $11,500,000 11 / 18/16 Working as a team to deliver this project 75 days early Crossland Heavy and our subcontractors were responsible for complete reconstruction of Bellview Road from Ajax Avenue to Pleasant Grove Road. This included roadway widening and turn lane additions, grade changes/ embankments, construction of a 4 span precast concrete arch bridge over Blossom Way Creek, construction and renovation of the 1-49 overpass bridge, installation of a triple 8'X7'X900' box culvert, sidewalk and trail improvements, and asphalt paving operations. The newly constructed roadway allows a streamline flow of traffic for the city of Rogers, drainage improvements, and a public trail access for the Northwest Arkansas Greenway Trail. Crossland Heavy worked with the City to sequence the work in a way that would allow traffic to continue running in all areas. The walking and biking trial that previously ran under the bridge would not have been safe to access during construction, so Crossland Heavy re-routed the trail so that Arkansas hikers and bikers were able to continue using it throughout the entirety of the project. Crossland Heavy Contractors 1 14 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 03 - Specialized + Past Experience BENTONVILLE BIKEWAYS DESIGNS O PROJECT LOCATION Bentonville, AR L�CLIENT J City of Bentonville Dennis Birge 479-271-6840 © CONTRACT AMOUNT $1,596,231 ENGINEER Toole Design Group Sagar Onta 864-336-2276 CONTRACT COMPLETION DATE 2/9/23 ACTUAL COMPLETION DATE On track for July '22 Implementing a new technology to enhance biker safety This project was the City of Bentonville's pilot project to trial a new technology to enhance biker safety on their many popular biking routes. Phase 1 of the project included the construction of concrete shared use path and included the addition of directional separated bikes lanes on NW 3rd Street and a two-way separated bike lane on the north side of NW 3rd Street. Phase 2 included the addition of a two-way separated bike lane on the south side of SW 8th Street. It also incorporated the extension of a shared use path on SW 8th Street to connect to the existing Applegate Trail. The project has repurposed the existing streets to reduce vehicle traffic and increase bike traffic by constructing an on -street bikeway with a high-tech bike buffer that contains both horizontal and vertical elements to protect the bikers who are so essential to the Northwest Arkansas Community. The project has been so successful that the City plans to implement the same process and technology on their other bike routes. Crossland Heavy Contractors 1 15 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 03 - Specialized + Past Experience GENE GEORGE BOULEVARD IMPROVEMENTS 0 PROJECT LOCATION ENGINEER Springdale, AR Engineering Services Jonathan Strain r 1 CLIENT L�J City of Springdale Brad Baldwin 479-750-8105 © CONTRACT AMOUNT $6,540,193 479-751-8733 CONTRACT COMPLETION DATE 8/21/20 ACTUAL COMPLETION DATE 7/22/20 Providing alternatives to save 30 days and $200k for the Owner Crossland Heavy Contractors completed street improvements to approximately 1,955 LF of four -lane Gene George Blvd., including a 200' structural steel bridge over Brush Creek and 2,000 LF of 24" ductile iron water main utility construction and storm drain. When preparing to construct the bridge foundation, CHC noticed that a small design change could be made to the end bent foundations to improve constructability and also save money for the owner. After proposing the alternative, we worked with the design team to gain approval and begin the construction. Ultimately we were able to generate enough savings for the City to fund additional improvements they had originally wanted in the project but could not afford. CHC thoroughly tracked all work activity productions and costs, keeping the project budget on track throughout the project. The quality of the product constructed by our team was noted and appreciated by the City of Springdale and Springdale Water Utilities and ultimately the commuters who drive on the improved roadway every day. Crossland Heavy Contractors 1 16 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 04 - Schedule Pre -Construction Phase Duration = 2-3 months Phase 1 - Poplar Street from Razorback Greenway to N Woodland Ave Duration = 4 months West Poplar a- 3msn[M1s — West Poplar 1 months Phase 2 - Sycamore Street from Garland Ave to Razorback Greenway Duration = 6 months - W- s—a�el Weal r sael .Y, heal Sycamore 6-8 MontM Phase 3 - Deane Street from Fire Dept to Garland Ave Duration = 12-14 months (includes new trail from Lynn's Place to Garland) Z W. Deane Street 12-14 Months Crossland Heavy Contractors 1 17 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 04 - Schedule Phasing Plan Phase 1 Poplar Street from Razorback Greenway to N. Woodland Ave • Work on Poplar Street can commence early in the overall project schedule, as franchise utility impacts should be minimal, allowing the construction of the trails & drives. • We will complete this work using temporary lane closures. Phase 2 - 6 months Sycamore Street from Garland Ave to Razorback Greenway We propose splitting the Sycamore Street work into two sub -phases: Phase 2A — From Scull Creek Trail to Leverett Ave • Work on this portion of Sycamore Street can commence early in the overall project schedule, as franchise utility impacts should be minimal, allowing the construction of the trails, sidewalks, and & drives. • We will complete this work using temporary lane closures. Phase 2B — From Leverett Ave to Garland Ave We will complete the work in two stages for this sub - phase: 1. Complete trail work and road work on the south side of the road - Completion of this sub -phase would fully connect the Razorback Greenway Trail to the Garland Avenue location on the trail, giving cyclists and pedestrians full access to the greenway trail up to that point. 2. Complete roadway & sidewalk work on the north side of road. • We will also consider complete closure of Sycamore Street. If we do pursue this option, CHC will develop a full Maintenance of Traffic Plan/Detour, as well as a communication plan for the traveling public and residents along this route. • Access for residents and businesses will be prioritized during this phase, and we will ensure that access is always available throughout. Phase 3 - 12-14 months Deane Street - Fire Department to Garland Ave • We have designated Deane Street as Phase 3 because we anticipate franchise utility impacts and/or relocations. We also believe there could be a potential design modification for storm sewer routing that may be able to mitigate franchise utility conflicts and/ or reduce utility relocations. If we move the storm drain to the north side of the road within the roadway and use combination drop inlets, we can reduce utility conflicts. • If we choose not to utilize full road closures, we intend to construct Deane Street modifications in sub -phases, constructing the north side of the roadway first, followed by the south side of the road and mill/overlay portion. • Completing the portion of the work where the Greenway Trail is located first, gives earlier access to cyclists and pedestrians to utilize the Greenway Trail system to its fullest extent. Approach for all phases to maintain traffic flows and prioritize safety: • To reduce workers' exposure to traffic hazards & to keep the public safe on their commute, we can utilize temporary traffic lights. • We will construct all driveways with the property owner at the top of our minds, providing temporary access and limiting as many impacts as possible. • Access for businesses will also be prioritized during throughout the project, and we will ensure that access is always available throughout. Crossland Heavy Contractors 1 18 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 05 - Additional Background BY THE NUMBERS: 220+ STREET + TRAIL IMPROVEMENT PROJECTS S80M+ OF CROSSLAND- OWNED EQUIPMENT 237+ PROJECTS IN NORTHWEST ARKANSAS S500M OF WORK PUT INTO OUR ARKANSAS COMMUNITIES EMPLOYEES RESIDING IN NORTHWEST ARKANSAS GMP CHANGE ORDERS ON ANY COLLABORATIVE DELIVERY PROJECT What Sets us Apart We own and operate a Vac Truck, which means we can pothole all utilities in the corridor to provide as - built utility information without paying a premium to subcontract the work. Crossland Companies is rapidly growing our collaborative delivery resume while we continue to hard bid and win more and more work every year. We feel that having recent experience in all the current construction project delivery methods makes us a well-rounded, competitive contractor who can pass our experience onto our owners in the form of time and money savings: • Developing Value Engineering options with Engineers & Owners in all stages of the project • Getting the best price from the most qualified subcontractors and suppliers through out longstanding relationships in the NWA market Ensuring confidence that our GMPs are accurate and competitive Competitively and efficiently self -performing work Crossland Heavy is a long-standing local NWA contractor that has built its success on the foundation of Reputation, Relationships & putting our clients needs at the forefront of every project. Crossland Heavy Contractors 1 19 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 05 - Additional Background How We will Work with You • We will lead the charge with Franchise Utilities and coordinate with the Utility companies before, during, and after construction to ensure a streamlined process for utility conflicts/resolutions and relocations. • We will assist the City in coordinating with the Railroad when necessary to develop a Grade Separation Agreement for work along the Railroad Right of Way. • We will consistently communicate with Key Stakeholders & Residents along the project corridor - CHC will implement a communication system (in conjunction with the City) as a means of keeping the traveling public, stakeholders, and residents in -the -know for progress updates, lane & street closures, driveway construction, and Razorback Greenway trail progress • A website or mobile app can be utilized for this project communication • We will also provide information to the City for updates to your project website • We consider this project a partnership with the City of Fayetteville, Olsson, & all trade contractors and will operate as team players with the goals of the City at the top of our minds. • We will coordinate with the design team to analyze all design changes, modifications, and traffic control plans. These analytic efforts will prioritize cost savings, safety of workers and the public, reduction of impacts to the traveling public, and expediting the use of the Razorback Greenway Trail system. • We bring extensive experience to the table for cost estimates and CMAR project management. • We will develop a detailed project schedule which will account for input from Key Stakeholders and will be shared across the entire project team. What's important to our clients and their stakeholders is important to us. • We will utilize phased construction sequencing where full shutdowns and detours cannot be utilized while consistently mitigating impacts to the public. • We will provide specialized bid packages to bring qualified trade contractors to the table at a cost savings in lieu of contracting to a sole contractor. • We will bring key trade contractors to the table that may otherwise not pursue this job in a hard bid environment. We bring key relationships with local experts in Traffic Control, Roadway/Paving, & Utility Work which will aid in delivering a streamlined project with the following priorities: 1. Schedule & Cost Control - Get it right the first time 2. Pedestrian & bicycle traffic flow & management 3. Vehicle traffic flow & management 4. Reduced impacts to residents, businesses, and project stakeholders Controlling Costs 1. Execute intended scopes within their budgets 2. Hold subs and suppliers accountable 3. Manage and track contingency usage 4. Continue Value Engineering efforts through completion 5. Minimize cost overruns through thorough quantity takeoffs for bid packages 6. Manage the project as a partnership Crossland Heavy Contractors 1 20 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 06 - Supplementary Items Pre -construction Services + Approach to Billing The Crossland Heavy Contractors CM/GC Team has • Risk Analysis — Record all risks and develop an innovative management approach to maintain an mitigation procedures exceptionally honest and open relationship with the City of Fayetteville throughout the lifecycle of the project. Our team is committed to meeting all of the City's requirements from the Pre -Construction Phase, through Construction, Street Opening, Warranty, and beyond. We believe quality Pre -Construction services set a tone that continues throughout the entirety of the project. Crossland Heavy has worked closely with both Olsson and the City of Fayetteville in the past, and we intend to continue to grow our relationships with both entities as well as across the project team and to deliver a project the entire community can be proud of. Pre -Construction Strategy Crossland Heavy approaches each of our collaborative delivery projects with an Owner -first mindset. Our goal is always to exceed your expectations, to finish early, to keep the dollars in your pocket, and to make so much room in the budget that we can bring items that were only on your wish list into scope. Our proven Pre -Construction Management Plan is how we achieve both our goals and your goals on each of our collaborative projects: 1. Begin the project with Team Building — no project can be successful with a disjointed team 2. Learn and record your goals and post them in a place where they will be top of mind for every team member throughout the project 3. Discuss the GMP Approach as a Team and choose your desired path forward 4. Design Review & Target Pricing Cycle — at 95% & 100% • Review the Design for Constructability • Begin detailed Estimate — this is always open - book • Involve local subcontractors and suppliers to get accurate pricing • Value Engineering — find cost -saving ideas that promote safety and simplify maintenance • Develop and update the project schedule • Allocate Contingencies based on each individual line item's risk, not a percentage of the total project • Review Target Pricing as a Team 5. Prepare for and post the bid(s) publicly when the GMP is ready and approved Estimating & Cost Control Crossland Heavy utilizes an open book approach to the development of target pricing during the Pre - Construction phase and is committed to providing a level of transparency to the City of Fayetteville to demonstrate our cost management best practices. Our team will begin developing target pricing at the very beginning of the Pre -Construction Phase, following our kickoff meeting. We will collaborate with potential subcontractors and suppliers to develop accurate estimates so that we are providing the most realistic budgets for the various scopes on this project. For each target price at each design interval, we will provide a detailed schedule of values line -item breakdown to allow the entire project team to understand how each line item was developed. Each target price deliverable will be a working document until the GMP is established. Value Analysis Value analysis is perhaps one of the most important services a Construction Manager can offer their clients. In this process a thorough analysis is conducted of the design, products, and materials and their application, installation, and execution to determine whether the proposed design solutions are really the best solutions relative to their cost. With the Crossland Heavy team this doesn't stop at Pre -Construction —our team is prepared to look for and offer ideas and solutions throughout the Construction Phase as well. A project team that can propose creative and cost-effective solutions can add tremendous value to the overall project. Crossland Heavy Contractors 1 21 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 06 - Supplementary Items Establishing the Guaranteed Maximum Price The GMP is the contract value agreed upon by the Construction Manager and the Owner that the project will not exceed; it includes contingency and the Construction Manager's fee and can only be changed when an item that was not originally scoped is added to the project. The GMP should be established after all scopes of work have been reviewed and bids from the public bid have been accepted by the entire project team. CHC takes an approach to establishing GMPs that maintain an open book methodology and that account for the true market condition. Our team will only execute our GMPs after the project goes to public bid. This approach limits the risk for potential GMP changes and ensures you pay exactly what the project costs, and not a penny more. To date our team has executed 100% of our Collaborative Delivery projects without executing a GMP change. CHC's approach to contingency development and management is that contingency should be quantified by an individual activity within a scope of work and never just an overall percentage of the project. With this approach, we keep contingency within manageable and realistic sums, and on every one of our projects thus far, we've closed the project with unused contingency that we've put back into our owners' pockets. The project owns the contingency. Our approach to utilizing contingency during construction is with approval by the City through a contingency allocation request (CAR). CARS will be tracked by the CM Project Manager Jason Necessary and reviewed during monthly progress meetings. Bidding Process As we near the time to issue your project for public bid, our team will develop a complete list of anticipated bid packages. Each bid package will include a narrative of each scope, the relevant construction documents, and prequalification metrics to ensure that each bidder can perform their scope of work. Given the uncertainty of the market today and our commitment to you to complete the project on time and on budget, we will include our project schedule as non-negotiable in each bid package and require a lead time for all material and equipment bids. Our goal is to create a competitive bidding environment while ensuring our entire team feels comfortable with the companies that will be awarded each scope of work. Attracting Qualified Bidders Our extensive experience in hard bidding jobs in Northwest Arkansas will ensure we have qualified bidders at the best price. We will use our extensive internal database as well as public platforms to attract as many qualified bidders as possible. Crossland Heavy seeks a minimum of three bids per trade to gain multiple options for our clients to consider. We also understand the City of Fayetteville may have requirements for its subcontractor base, such as local firms, minority owned businesses, etc. We take each of those terms into consideration during the bidding process and submit them alongside all applicable bids by trade contractors. Curbing Uncertainty in Today's Market CHC understands that today's market is a cause for concern when it comes to construction projects. Price escalations, unavailability of materials and equipment, labor uncertainties, and long lead times are expected in this volatile market. CHC will stay abreast of market fluctuations, maintaining constant communication with our trusted subcontractors and suppliers so that we're aware of any muttering of price increases as soon as they occur. We will utilize bid validity durations within our bid packages, providing pricing assurance post -bid and post-GMP execution. If the team decides, we'll lock in pricing of certain items at various GMP stages so that you don't have to worry about changes in the market affecting your final cost down the road. CHC will provide the City of Fayetteville with stability and transparency through all the twists and turns the market sends our way. Pre -Construction Services Billing We will provide a Pre -Construction Fee which will utilize hourly rates for each of our personnel. The total hours will be based on our experience from similarly sized past projects. This fee will be a not -to -exceed amount that will be billed based on actual hours each month during the Pre -Construction Phase. Crossland Heavy Contractors 1 22 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 06 - Supplementary Items Records of management teams on similar projects with timely completion and high -quality workmanship Below is a chart which demonstrates the experience our proposed project team has had working on similar projects together. Crossland Heavy prides itself on the ability of our team to work well together in a way that ensures the success of each and every one of our projects, and especially on collaborative delivery projects where the success is extremely dependent on the trust and camaraderie of the project team. ea �`` �`` 3� 49 � PROJECT TEAM MEMBER �oIV yy� 5Q 4Fo��Qg c o oJv Qe Q <v�' 40 4,���' �v=J�a� Z� oQ ; Dan Thompson Nunn unman ME am Bill HagenBurger ■am Jason Crossland Heavy Contractors 1 23 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 06 - Supplementary Items Current + Projected Workload Arcadia Lake WTP Residuals Handling & Imps Edmond Public Works Authority $38,174,538.00 8/22 ADA Main Street Improvements City of Ada, OK $7,491,316.38 6/22 Owasso WWTP & Main Lift Station Owasso Public Works Authority $21,187,879.00 2/23 COT Citywide LS Improvements Tulsa Metropolitan Utility Authority $598,796.00 4/22 71 st ST Dewatering- Sludge Tank Repair Tulsa Metropolitan Utility Authority $1,067,695.00 2/22 2ND &Bryant City of Edmond $7,478,800.00 6/22 BAMA Battle Creek Irrigation PS Broken Arrow Municipal Authority $996,200.00 2/22 Caney River Raw Water Intkae Improvements City of Bartlesville $1,232,010.00 5/22 COT 2 Waterline 31 st to Howard Tulsa Metropolitan Utility Authority $2,162,000.00 7/22 COT MLK Blvd. & Reconcilitation Way City of Tulsa $1,592,000.00 2/22 COT Citywide ADA Transition Plan City of Tulsa $1,247,000.00 5/22 AB Jewell Clarifier No. 2 Imps Tulsa Metropolitan Utility Authority $8,922,000.00 7/22 Tulsa County Posey Creek Bridge Tulsa County $2,005,506.00 5/22 Penn TX U-Turn 210255 Oklahoma Department of Transportation $826,000.00 5/22 Kaw Point & Plant 20 WWTP Electrical Imps Unified Government of Wyandotte County $351,675.00 2/22 Owasso 116th and Garnett Intersection City of Owasso $4,284,000.00 6/22 WRWA Landside Wayfinding Oklahoma City Airport Trust $5,570,110.00 11 /22 IDO CBP II 140K Building Storm Sewer Anadarkko Dozer & Trucking $167,394.00 2/22 WPC 22-5 Tulsa Metropolitan Utility Authority $301,000.00 2/22 Bartlesville Effluent Pump Station City of Bartlesville $1,738,000.00 11/22 LLWWTP UV Disinfection Improvements Broken Arrow Municipal Authority $5,841,000.00 8/22 Osage Pawhuska - Site Concrete 32A Crossland Construction Company, Inc. $851,100.00 10/22 Warner WTP Filter Medial Replacement Warner Utilities Authority $48,610.00 5/22 Owasso 116th Widening Garnett to 129th City of Oswasso $8,603,000.00 6/23 Osage Bartlesville Crossland Construction Company $1,702,000.00 12/22 COT NA 8063 City of Tulsa $3,870,000.00 6/23 Hefner WTP Ozone Expansion City of Oklahoma City Water Utilities Trust $44,432,000.00 7/25 Lynn Lane Blower Replacement Broken Arrow Municipal Authority $259,000.00 9/22 RMUA WPC 22-2 Regional Metropolitian Utility Authority $484,000.00 8/23 COT 7th and 8th St Aerterial Rehab City of Tulsa $4,146,000.00 5/23 NSWWTP Digester Improvements Project Tulsa Metropolitan Utility Authority $2,392,000.00 6/23 South Canadian WWTP Improvements City of Oklahoma City Water Utilities Trust $213,851,000.00 1 /27 Junction City WTP Improvements Phase 2 City of Junction City $12,210,000.00 12/22 Cedar Lake Lift Station Improvements City of Olathe $2,209,500.00 7/22 CDR J Gladstone Site Utilities AutoSmart, LLC $276,789.00 2/22 Kaw WTP Electrical & Mechaincal Imps Contract City of Lawrence $4,457,000.00 4/22 Little Cedar Creek Stabilization City of Olathe $484,500.00 5/22 Turkey Creek WWTF Miscellaneous Improv Johnson County Wastewater $2,145,500.00 5/23 Kaw Point Control Room Stairs Replacement Unified Government of Wyandotte County $63,759.00 12/22 Blue River Influent Floor Drain Johnson County Wastewater $93,818.00 7/22 2022 Wastewater Treatment Facility Improv City of Osawatomie $2,538,564.00 12/22 Pump Station No. 66 Emergency Phase I United Government of Wyandotte County $75,000.00 8/22 Main Lift Station & Forcemain Improvements City of Eudora $26,066,450.00 12/22 Topeka WTP West Plain Basin Rehab City of Topeka $10,249,300.00 5/23 Missouri River Intake HVAC Improvements Water District No. 1 of Johnson County $1,560,000.00 6/23 Wyss Pumping Station Engine Generator WaterOne $5,776,500.00 12/23 Middle Basin Misc Electrical Improvement Johnson County Wastewater $203,459.00 5/23 Olathe WTP 1 Demolition City of Olathe $743,000.00 10/22 Contracto 4 High Service Pump Station City of Lexington $1,304,114.00 9/22 Joplin High Service PS Replacement Missouri American Water Company $6,402,100.00 12/22 Kessler Moutain Regional Park Ph 2 City of Fayetteville, AR $6,387,494.47 4/22 Crossland Heavy Contractors 1 24 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 06 - Supplementary Items Current + Projected Workload Madison County Booster Pump Station Rehab Madison County Water Facilities $669,940.00 2/22 Kessler Mountain Regional Park Ph 2 City of Fayetteville $6,387,494.00 4/22 Park Street Intersection Improvements City of Springdale, AR $2,804,692.00 4/22 WMHO MLK Storm Sewer Ph 1 Nabholz Construction Company $2,382,334.00 2/22 Oak Street & Uptown Overpass Imps City of Rogers $20,701,114.00 4/23 Fulbright Ramp- N. Shiloh Drive City of Fayetteville $1,680,751.00 8/22 Prairie Grove WWTP Lift Station City of Prairie Grove $1,235,200.00 10/22 Slaughter Pen West Parking Lot NWA Trailblazers $789,856.00 5/22 WMHO 10th Street Pedestrian Tunnel Retainage APAC-Central, Inc. $240,413.00 6/22 Clear Creek Lift Station Upgrades City of Springdale $3,144,900.00 2/23 Butterfield Coach Lift Station Upgrades City of Springdale $3,438,550.00 3/23 Alpena Wastewater System Improvements Town of Alpena, Arkansas $4,321,600.00 5/23 NEO CM North Groove - North Lake WNP Pump Nabholz Construction Corporation $792,169.00 12/22 NEO CM South Lake and Green Groove - Outfall Nabholz Construction Corporation $347,118.00 4/23 War Eagle Bridge Repair Benton County $9,353.00 4/22 8th St Corridor Improvements City of Bentonville $27,802,588.00 7/24 Via Emma Waterline Extension Blue Crane $44,463.00 5/22 Slaughter Pen East Emergency Access Trail Trailblazers + ETHIC $432,080.00 10/22 Har-Ber Ave. Ext. - 40th St. to Gutensohn Rd. City of Springdale $11,386,350.00 7/23 Springdale Water Utilities WW TF Phase 1 Impr City of Springdale Water and Sewer $51,394,137.00 2/25 Crossland Heavy Contractors 1 25 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 06 - Supplementary Items ( e I IAA PROTECTING ASSETS, MAKING A DIFFERENCE. June 24, 2022 City of Fayetteville, Arkansas Attn: Andrea Foren Purchasing Division, Room 306 113 W. Mountain Street Fayetteville, AR 72701 Re: Crossland Heavy Contractors, Inc. Project: RFQ 22-07, Construction Manager at Risk for Midtown Corridor Dear Ms. Foren, Our agency manages the surety bond program for Crossland Heavy Contractors, Inc., we have been asked to write this letter to you on their behalf. The IMA team has known and worked with Crossland for more than 30 years and we hold them in the highest regard. We have watched Crossland, time and time again, earn their outstanding reputation as a company and as individuals of high integrity with an exceptional knowledge of the construction industry. The Crossland team consistently delivers quality projects in a timely and cost-effective manner for their clients; they truly area company who values relationships and doing the job right. It is for these reasons and so many more that I am pleased to write this letter on their behalf. Surety bonds for Crossland are underwritten by Zurich American Insurance Company and Federal Insurance Company. Bonds are typically written by Fidelity and Deposit Company of Maryland (a company of Zurich American Insurance Company) and Federal Insurance Company. Zurich American Insurance Company and Fidelity and Deposit Company of Maryland maintain "A+ (Superior)", "XV ($2 Billion or greater)" ratings by the A.M. Best Company and a combined U.S. Treasury listing exceeding $664,000,000. Federal Insurance Company is a member of the Chubb Group of Companies, which carries an A.M. Best Rating of "A++ (Superior)", "XV ($2 Billion or greater)"; Federal enjoys a Treasury listing exceeding $414,000,000, when including the full Chubb family of companies this Treasury listing exceeds $1 Billion. Zurich American Insurance Company and Federal Insurance Company would positively consider approval of surety bonds for Crossland on individual contracts of $500 Million and an aggregate cost -to -complete total company backlog of $3 Billion. These numbers are guidelines and not limits of surety support. Crossland's sureties would positively consider larger projects or program on a project -by -project basis. Premium for surety bonds is calculated based upon unique factors for each individual contract. Typically, Crossland's surety bond premiums average between 0.4% and 0.9% of the total contract value. Please note these rates are subject to change and are not guaranteed. Crossland's surety partners are favorable to executing surety bonds upon acceptable review of all contract terms, bond forms and financing for any project as well as other pertinent underwriting information that may be deemed necessary. The arrangement for performance and payment bonds is a matter between Crossland and their sureties; neither the sureties, IMA, Inc., Crossland or any affiliates assume any liability to you or any parties if for any reason bonds are not written. I am proud to recommend Crossland Heavy Contractors, Inc. to you. If you should have any questions, or require additional information, please do not hesitate to contact myself or Crossland. Sincerely, „- Monica F. Dbnatelli Vice President, Surety Department Manager 913-982-3657 / monica.donatelli@imacorp.com IMA, Inc. 1 9393 W. 110th St., Suite 600 1 Overland Park, KS 66210 1 913.982.36501 imacorp.com Insurance I Employee Benefits I Surety I Risk Management Crossland Heavy Contractors 1 26 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 06 - Supplementary Items License No. 0067301122 ID #8600 State of Arkansas Commercial Contractors Licensing Board CROSSLAND HEAVY CONTRACTORS, INC. PO BOX 350 COLUMBUS, KS 66725 CROSSLAND HEAVY CONTRACTORS, INC. This is to Certify That is duly liccriscd under the provisions of Ark. Cod- z knn. § t.7-25-1011 et. seq. as amended and is entitled to practice Contracting in the State of Arkansas within the following classifications/specialties: HEAVY CONSTRUCTION MUNICIPAL & UTILITY CONSTRUCTION i h►'s contractor has an t!►rlimited st!gge0ed bid limit. from October 22, 2021 until November 30, 2022 When this Certificate expires. Witness our hands of the Board, dates! at Norlh Little Rock, Arkansas: CHAIRMAN SECRETARY October 22, 2021 - dsa Crossland Heavy Contractors 1 27 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 07 - Required Documentation City of Fayetteville, AR JTY OP Purchasing Division, Room 306 IVFAYETTEVILLE 113 W. Mountain Street ARKANSAS Fayetteville, AR 72701 Phone: 479-575-8256 TDD (Telecommunication Device for the Deaf): 479.521.1316 RFQ 22-07, Construction Manager at Risk for Midtown Corridor DEADLINE: Tuesday, June 28, 2022 prior to 2:00:00 PM, local time PRE -PROPOSAL CONFERENCE: Wednesday 6/8/22 at 2 PM — via Zoom DELIVERY LOCATION: Electronic via the City's Pre -Proposal Conference PURCHASING CONTACT: Andrea Foren, aforen@fayetteviIle-ar.gov DATE OF ISSUE AND ADVERTISEMENT: 06/05/22, 06/06/22 & 06/07/22 Late qualifications will not be accepted. RFQs shall be submitted in accordance with the attached City of Fayetteville specifications and RFQ documents attached hereto. Each Proposer is required to fill in every blank and shall supply all information requested; failure to do so may be used as basis of rejection. The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated herein, and in strict accordance with the specifications and general conditions of submitting, all of which are made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Purchasing Manager. Name of Firm: Crossland Heavy Contractors, Inc. Contact Person: Dan Thompson E-Mail: dthompson@heavycontractors.com Business Address: 705 S Lincoln Title: Vice President + Division Manager Phone: 479-366-1637 City: Lowell State: AR Signature: Date: City of Fayetteville, AR RFQ 22-07, CMAR for Midtown Corridor Page 1 of 22 Zip: 72745 06/28/2022 Crossland Heavy Contractors 1 28 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 07 - Required Documentation City of Fayetteville RFQ 22-07, CMAR for Midtown Corridor SECTION B: Vendor References The following information is required from all firms so all statements of qualification may be reviewed and properly evaluated: COMPANY NAME: Crossland Heavy Contractors, Inc. NUMBER OF YEARS IN BUSINESS: 27 years HOW LONG IN PRESENT LOCATION: 19 years in Arkansas TOTAL NUMBER OF CURRENT EMPLOYEES: 337 FULLTIME 21 PARTTIME NUMBER OF EMPLOYEES PLANNED FOR THIS CONTRACT: 20 FULLTIME 0 PARTTIME PLEASE LIST FOUR (4) REFERENCES IN WHICH CMAR HAS PREVIOUSLY PERFORMED CONTRACT SERVICES FOR WITHIN THE PAST FIVE (5) YEARS FOR PROJECTS OF SIMILAR SCOPE AND SIZE (All fields must be completed): 1 Springdale Water Utilities 2 Rogers Water Utilities COMPANY NAME COMPANY NAME Rogers, AR, 72756 Rogers, AR 72758 CITY, STATE, ZIP CITY, STATE, ZIP Brad Baldwin Brian Sartain CONTACT PERSON CONTACT PERSON 479-750-8105 479-621-1142 TELEPHONE TELEPHONE FAX NUMBER FAX NUMBER bbaldwin@springdalear.gov briansartain@rwu.org E-MAIL ADDRESS E-MAIL ADDRESS B City of Bentonville 4 Grand River Dam Authority COMPANY NAME COMPANY NAME Bentonville, AR 72712 Tulsa, OK 74128 CITY, STATE, ZIP CITY, STATE, ZIP Dennis Birge, PE Holly Moore CONTACT PERSON CONTACT PERSON 479-271-6840 918-256-5545 TELEPHONE TELEPHONE FAX NUMBER FAX NUMBER dbirge@bentonvillear.com holly.moore@grda.com E-MAIL ADDRESS E-MAIL ADDRESS City of Fayetteville, AR RFQ 22-07, CMAR for Midtown Corridor Page 12 of 22 Crossland Heavy Contractors 1 29 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 07 - Required Documentation EMMA AVE STREETSCAPE IMPROVEMENTS � SPRINGDALE, ARKANSAS O$1,330,450 O Springdale Water Utilities, Rick Pulvirenti, 479.751.5751 This project consisted of the demo and removal of the existing sidewalks and asphalt pavement. Also included was the installation of approximately 21,500 square feet of stamped and colored concrete, 11,217 square feet of full depth roadway, 9,156 square feet of asphalt overlay, installation of drainage system, and decorative street lighting. ROGERS SOLIDS HANDLING FACILITY ROGERS, ARKANSAS O$7,577,932 Rogers Water Utilities, Brian Sartain, 479.936.5426 This project is the first phase of 3 allowing for improvements to the plant's existing Class A bio-solids system. The phase 1 improvements include the addition of a new lab and controls building, an added centrifuge and dryer feed conveyance for redundancy, along with a tubular drag system and storage silos. This project serves as one of the first collaborative delivery projects for a municipality in the State of Arkansas. 3RD TO 8TH STREET GREENWAY TRAIL � BENTONVILLE, ARKANSAS O$1,380,000 O NWA Trailblazers, Erin Rushing, 479-231-1365 This project includes, but is not limited to, construction of approximately 4,350 LF of 12' concrete greenway trail with two (2) prefab bridges, segmental block retaining walls, two (2) parking lots, drainage, and landscaping. Crossland Heavy Contractors 1 30 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 07 - Required Documentation City of Fayetteville RFQ 22-07, CMAR for Midtown Corridor SECTION C: Signature Submittal 1. Disclosure Information Proposer shall disclose any possible conflict of interest or disclose any financial interest with the City of Fayetteville, including, but not limited to, City of Fayetteville employees. Proposer response shall disclose if a known relationship exists between any principal or employee of submitting firm or its team members or sub -consultants, and any City of Fayetteville employee, or elected City of Fayetteville Official. If, to your knowledge, no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. This form must be completed and returned in order for your bid/proposal to be eligible for consideration. PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRIATELY APPLIES TO YOUR FIRM: X 1) NO KNOWN RELATIONSHIP EXISTS 2) RELATIONSHIP EXISTS (Please explain): I certify that; as an officer of this organization, or per the attached letter of authorization, I am duly authorized to certify the information provided herein is accurate and true; and my organization shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment. 2. Additional Information At the discretion of the City, one or more firms may be asked for more detailed information before final ranking of the firms, which may also include oral interviews. NOTE: Each Proposer shall submit to the City a primary contact name, e- mail address, and phone number (preferably a cell phone number) where the City selection committee can call for clarification or interview via telephone. Name of Firm: Crossland Heavy Contractors, Inc. Name of Primary Contact: Dan Thom Title of Primary Contact: Vice President + Division Manager Phone#1 (cell preferred): 479-366-1637 Phone#2: 479-347-7960 E-Mail Address: dthompson@heavycontractors.com 3. Please acknowledge receipt of addenda for this invitation to bid, request for proposal, or request for qualification by signing and dating below. All addendums are hereby made a part of the bid or RFQ documents to the same extent as though it were originally included therein. Proposers/Bidders should indicate their receipt of same in the appropriate blank listed herein. Failure to do so may subject vendor to disqualification. City of Fayetteville, AR RFQ 22-07, CMAR for Midtown Corridor Page 13 of 22 Crossland Heavy Contractors 1 31 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 07 - Required Documentation ADDENDUM NO. SIGNATURE AND PRINTED NAME DATE ACKNOWLEDGED Addendum 1 Dan Thompson 6/28/2022 4. As an interested party on this project, you are required to provide debarment/suspension certification indicating compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. 5. Signature certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. 6. Pursuant to 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. 7. SUB CONSULTANTS AND TEAM INFORMATION: Proposer hereby certifies that proposals from the following consultants were used in the preparation of this statement of qualification. Proposer shall attach additional pages if necessary. This section only applies if CMAR is proposing a sub consultant for estimating, scheduling, accounting/payroll and non -construction trade services. Type of Work: N/A Subcontractor's Name: Arkansas License No: Address: Date Firm Established: Percentage of Work: Type of Work: N/A Subcontractor's Name: Arkansas License No: Address: Date Firm Established: Percentage of Work: Questions regarding this form should be directed to the City of Fayetteville Purchasing Division. City of Fayetteville, AR RFQ 22-07, CMAR for Midtown Corridor Page 14 of 22 Crossland Heavy Contractors 1 32 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 07 - Required Documentation NAME: Dan Thompson COMPANY: Crossland Heavy Contractors, Inc. PHYSICAL ADDRESS: 705 S Lincoln, Lowell, AR 72745 MAILING ADDRESS: 705 S Lincoln, Lowell, AR 72745 TAX ID#: 48-1131853 SAM UEI#: XLWJNERE6ER3 PHONE: 479-366-1637 FAX: 479-347-7960 E-MAIL: dthompson@heavycontractors.com ARKANSAS CONTRACTOR'S LICENSE NO: 0067301122 ARKANSAS SECRETARY OF STATE FILING NO: 100205582 Signed by: SIGNATURE: / PRINTED NAME : Dan Thompson TITLE: Vice President + Division Manager DATE: 06/28/2022 City of Fayetteville, AR RFQ 22-07, CMAR for Midtown Corridor Page 15 of 22 Crossland Heavy Contractors 1 33 CROSSLAND HEAVY CONTRACTORS www.heavycontractors.com V q �Omvwvc vu.pUt- N > L Apartments W E Village Lake Dr v V S Wash. Co. f Fairgrounds Sunbridge Dr 49 Y •• i .4v '•SC Meadow Valley Trail G napp Townshi r yr - Arkansas Agricultural cu Research & Proposed Roundabout �o 0 G E x r e n s o n Center C� % Proposed separated Bicycle & Pedestrian u / ; Proposed Bicycle, Facilities a Future Police Headquarters Pedestrian, Drainage o & Street improvements S v L Proposed separated L s Po ar St. Poplar St. Bicycle & Pedestrian faclities M C9 m elms f ii o Bel C' Deane St Ai Existing Trail Q Deane St. a� a� Proposed Proposed turn lanes at ` Sycam ire St. ore St On -street �j intersections Lewis Bikeway Soccer ,�: u Sys Complex Q `:.... h Mount Comfort " Proposed Gre Park 0. y Rn < Signalized Crossing ✓ereit�ns a ,, :. i g Evety , 112 v v Health C ►re Hill,:e > S ystem of Legend Q .,narks �•... t�i i=.4 INC vt Proposed Midtown Trail aton Or 0 Existing Shared -Use Paved ..� Trails City of Fayetteville, AR CITY OF Midtown Trail Corridor - 2.5 Miles October 2019 _ FAYETTEVILLE r� ARKANSAS Porter Rd./Deane St./Sycamore St./Poplar St./Woodland Ave. 0 0.125 0.25 0. Miles City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 ENGINEERING (621) 2022 Requestor: Matt Casey BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Staff recommends approval of a contract with Crossland Heavy Contractors, Inc who was selected by RFQ 22-07 to provide Construction Manager at Risk (CMAR) services for the Midtown Corridor Project in the not to exceed amount of $78,550.00 and approval of a budget adjustment. RESOLUTION/ORDINANCE COUNCIL DATE: LEGISTAR FILE ID#: 8/16/2022 2022-0690 HoV y 31ack� 712712022 2:48 PM Budget Director Date TYPE: D - (City Council) JOURNAL #: GLDATE: 8/16/2022 CHKD/POSTED: TOTAL - - v.20220718 Increase / (Decrease) Proiect.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 4602.860.7218-5809.00 78,550 - 46020 7218.1020 EX Improvements - Street 4602.860.7999-5899.00 (78,550) - 46020 7999 EX Unallocated - Budget H:\Budget Adjustments\2022_Budget\CITY COUNCIL\08-16-22\2022-0690 BA Crossland Heavy Midtown Corr 1 of 1