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HomeMy WebLinkAbout57-23 RESOLUTIONI 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 57-23 File Number: 2023-431 YRCC- EXPANSION PROJECT: A RESOLUTION TO AUTHORIZE A CONSTRUCTION MANAGER AT RISK SERVICES CONTRACT WITH NABHOLZ CONSTRUCTION CORPORATION, PURSUANT TO RFQ 22-13, FOR THE YVONNE RICHARDSON COMMUNITY CENTER EXPANSION, TO PROVIDE PRE -CONSTRUCTION SERVICES NOT TO EXCEED THE AMOUNT OF $15,000.00, AND CONSTRUCTION SERVICES WITH A GUARANTEED MAXIMUM PRICE TO BE DETERMINED BY FUTURE CHANGE ORDERS, AND TO APPROVE A BUDGET ADJUSTMENT— 2022 PARK IMPROVEMENT BOND PROJECT WHEREAS, in October of 2020, the City Council authorized a contract with Miller Boskus Lack Architects for the Design and Construction Administration for the expansion of YRCC; and WHEREAS, in August of 2022, the City Council authorized an amendment to the architectural contract to complete design services, bidding and constriction administration and staff is now ready to proceed with construction. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a Construction Manager at Risk Services Contract with Nabholz Construction Corporation, pursuant to RFQ 22-13, for the Yvonne Richardson Community Center Expansion, to provide pre -constriction services not to exceed the amount of $15,000.00, and construction services with a Guaranteed Maximum Price to be determined by future change orders. 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 March 7, 2023 Page 1 CITY OF POW, FAYETTEVILLE ARKANSAS MEETING OF MARCH 7, 2023 CITY COUNCIL MEMO TO: Mayor Jordan and City Council THRU: Paul Becker, Chief Financial Officer FROM: Waylon Abernathy, Bond Projects & Construction Dir DATE: SUBJECT: Construction Manager at Risk Services for the YRCC Expansion Project. RECOMMENDATION: 2023-431 Approval of an agreement for Construction Manager at Risk Services per RFQ 22-13 with Nabholz Construction in an amount not to exceed $15,000.00 for pre -construction services for the YRCC Expansion Project, and for construction services with a guaranteed maximum price to be determined with future change orders, and approval of a budget adjustment. BACKGROUND: In October of 2020, Council passed resolution 247-20 approving a contract with MBL for architectural services for the YRCC expansion project. The contract identified fees associated with all phases of services, appropriating funds for phase 1, which included master planning and schematic design based on a projected budget of $1,000,000. In August of 2022, a resolution approved the amendment to the architectural contract to complete the design services, bidding and construction administration with an increased project scope of $3,000,000. DISCUSSION: The City of Fayetteville Purchasing Division managed the RFQ process. The request for qualifications was advertised and 3 firms were selected for interview. Nabholz was chosen by the selection committee to negotiate a CMAR contract. Their experience with expanding structures without disruption of service and their park experience was a key factor in their selection. BUDGET/STAFF IMPACT: Funding for this project will come from the Parks Projects 2022 Bonds. ATTACHMENTS: YRCC Expansion CMAR Contract Nabholz, RFQ 22-13 Appendix C - City RFQ Form, RFQ 22-13 Appendix D - Nabholz Submittal, 2023-431 BA Nabholz CMAR YRCC Exp Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 - Legislation Text File #: 2023-431 Construction Manager at Risk Services for the YRCC Expansion Project. A RESOLUTION TO AUTHORIZE A CONSTRUCTION MANAGER AT RISK SERVICES CONTRACT WITH NABHOLZ CONSTRUCTION CORPORATION, PURSUANT TO RFQ 22-13, FOR THE YVONNE RICHARDSON COMMUNITY CENTER EXPANSION, TO PROVIDE PRE - CONSTRUCTION SERVICES NOT TO EXCEED THE AMOUNT OF $15,000.00, AND CONSTRUCTION SERVICES WITH A GUARANTEED MAXIMUM PRICE TO BE DETERMINED BY FUTURE CHANGE ORDERS, AND TO APPROVE A BUDGET ADJUSTMENT — 2022 PARK IMPROVEMENT BOND PROJECT WHEREAS, in October of 2020, the City Council authorized a contract with Miller Boskus Lack Architects for the Design and Construction Administration for the expansion of YRCC; and WHEREAS, in August of 2022, the City Council authorized an amendment to the architectural contract to complete design services, bidding and construction administration and staff is now ready to proceed with construction. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a Construction Manager at Risk Services Contract with Nabholz Construction Corporation, pursuant to RFQ 22-13, for the Yvonne Richardson Community Center Expansion, to provide pre - construction services not to exceed the amount of $15,000.00, and construction services with a Guaranteed Maximum Price to be determined by future change orders. 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. Page 1 Wade Abernathy City of Fayetteville Staff Review Form 2023-431 Item ID 3/7/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item FACILITIES MANAGEMENT (140) Submitted By Submitted Date Division / Department Action Recommendation: 2/13/2023 Approval of an agreement for Construction Manager at Risk Services per RFQ 22-13 for the YRCC Expansion Project, for pre -construction services not to exceed $15,000.00 and Construction Services with a Guaranteed Maximum price to be determined with future chnage orders. Account Number Project Number Budgeted Item? Does item have a direct cost? Is a Budget Adjustment attached? Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Previous Ordinance or Resolution # Approval Date: V20221130 CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 7, 2023 TO: Mayor and City Council THRU: Paul Becker, Chief Financial Officer CITY COUNCIL MEMO FROM: Wade Abernathy, Bond and Construction Director DATE: February 13, 2023 SUBJECT: Construction Manager at Risk Services for the YRCC Expansion Project. RECOMMENDATION: Approval of an agreement for Construction Manager at Risk Services per RFQ 22-13 for the YRCC Expansion Project, for pre -construction services not to exceed $15,000, and Construction Services with a Guaranteed Maximum Price to be determined with future change orders and approve a Budget Adjustment. BACKGROUND: In October of 2020, Council passed resolution 247-20 approving a contract with MBL for architectural services for the YRCC expansion project. The contract identified fees associated with all phases of services, however only appropriated funds for phase 1 which included master planning and schematic design based on a projected budget of $1,000,000. In August of 2022, a resolution approved the amendment to the Architectural Contract to complete the design services, bidding and construction administration with an increased project scope of $3,000,000. DISCUSSION: The City of Fayetteville Purchasing Division managed the RFQ process. The request for qualifications was advertised and 3 firms were selected for interview. Nabholz was chosen by the selection committee to negotiate a CMAR contract. Their experience with expanding structures without disruption of service and their park experience was a key factor in their selection. They have demonstrated competitive pricing and quality workmanship on both of those projects. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: This contract will be funded from the 2022 allocation of the 2019 sales and use tax bonds. Attachments: Contract Document Appendix A: Scope of Services Appendix B: Flintco Fee Schedule Appendix C: City's RFQ 22-12 Appendix D: Flintco Response to RFQ Appendix E: Certificate of Insurance AftCITY OF FAYETTEVILLE AR KA N SAS CONTRACT FOR PROFESSIONAL SERVICES CONSTRUCTION MANAGER AT RISK RFQ 22-13, CMAR — YRCC Expansion between City of Fayetteville, Arkansas and Nabholz Construction Corporation THIS AGREEMENT is made this 15" day of February, 2023, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE or CITY) and Nabholz Construction Corporation (construction manager at risk, hereinafter called CMAR, Construction Manager, or Nabholz 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. Nabholz's Tax identification number (TIN) ending in 2097 ii. Nabholz's Arkansas Contractor License No. 0000020323 iii. Nabholz's Secretary of State Filing No. 100036403 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 ii. Appendix B: CMAR Fee Schedule RFQ 22-13, Construction Manager at Risk for YRCC Expansion Page 1 of 25 Last Revised 02.13.23 iii. Appendix C: RFQ 22-13, Construction Manager at Risk for YRCC Expansion iv. Appendix D: Nabholz's Response to RFQ 22-13 v. Appendix E: Nabholz'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, affidavits, and written amendments to this Agreement which are executed by all parties; (b) the Agreement; (c) CMAR's response to RFQ 22-13 (d) City's published RFQ 22-13 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. Nabholz Construction Corporation: Attention: Rob Dodd, 3301 N. 2nd Street, Rogers, AR 72757 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 22-13, Construction Manager at Risk for YRCC Expansion Page 2 of 25 Last Revised 02.13.23 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. A. 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 and integrated agreement between the Parties, and supersedes all prior negotiations, RFQ 22-13, Construction Manager at Risk for YRCC Expansion Page 3 of 25 Last Revised 02.13.23 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. b. "Business Day" means all Days, except weekends and official federal or state holidays where the Project is located. RFQ 22-13, Construction Manager at Risk for YRCC Expansion Page 4 of 25 Last Revised 02.13.23 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, sub - subcontractors, or suppliers of (a) and (b); and others employed directly or indirectly by (a), (b), or (c) or any by any of them or for whose acts any of them may be liable. o. "Overhead" means (a) payroll costs, burden, and other compensation of 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 22-13, Construction Manager at Risk for YRCC Expansion Page 5 of 25 Last Revised 02.13.23 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 "Sub -subcontractor" is a person or entity who has an agreement with a Subcontractor or another sub - subcontractor or Supplier to perform a portion of the Subcontractor's Work or supply material or equipment. 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 22-13, Construction Manager at Risk for YRCC Expansion Page 6 of 25 Last Revised 02.13.23 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 22-13, Construction Manager at Risk for YRCC Expansion Page 7 of 25 Last Revised 02.13.23 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 22-13, Construction Manager at Risk for YRCC Expansion Page 8 of 25 Last Revised 02.13.23 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. b. Phase 1: Pre -Construction Services i. The maximum not -to -exceed amount authorized for this phase is $15,000.00 USD. Fees shall be paid to the CMAR from the City based Lump Sum basis as described in Appendix B. c. Phase 2: Guaranteed Maximum Price (GMP) 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 RFQ 22-13, Construction Manager at Risk for YRCC Expansion Page 9 of 25 Last Revised 02.13.23 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 22-13, Construction Manager at Risk for YRCC Expansion Page 10 of 25 Last Revised 02.13.23 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. 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 shall execute and deliver to CITY OF FAYETTEVILLE a release of all claims against CITY OF FAYETTEVILLE RFQ 22-13, Construction Manager at Risk for YRCC Expansion Page 11 of 25 Last Revised 02.13.23 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 inclusive of any approved contingency. Bonds shall be provided within ten (10) calendar days after GMP change order has been executed and approved by all parties. 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 (including any approved contingency) and any amendments thereto and shall provide for the manner in which the construction shall be managed and supervised. Bonds shall be valid and exchanged between all parties prior to the start of work. b. A maintenance bond shall be provided for the duration of the entire warranty period. c. All bonds shall be listed with the U.S. Treasury Department listing of approved surety's (T-List) and shall be rated A+ minimum by A. M. Best. 12. Time: a. SUBSTANTIAL and FINAL COMPLETION: Date of Substantial Completion and the Date of Final Completion shall be established in a GMP Change Order to this Agreement (GMP) as a hard not to exceed date. If such dates are not established upon the execution of this Agreement, at such time as GMP is accepted a Date of Substantial Completion and Date of Final Completion of the Work shall be established in a GMP Change Order. b. Time is of the essence with regards to the obligations of the Contract Documents. c. Unless instructed by City in writing, Construction Manager shall not knowingly commence the Work before the effective date of Construction Manager's required insurance and bonds. d. Schedule of Work: Before submitting its first application for payment, Construction Manager shall submit to City and, if directed, Design Professional a Schedule of the Work showing the dates on which Construction Manager plans to begin and complete various parts of the Work, including dates on which information and approvals are required from City. Except as otherwise directed by City, Construction Manager shall comply with the approved Schedule of the Work or Construction Manager. Unless otherwise agreed, the Schedule of the Work shall be formatted in a detailed precedence - style critical path method that (a) provides a graphic representation of all activities and events, including float values that will affect the critical path of the Work, and (b) identifies dates that are critical to ensure timely and orderly completion of the Work. Construction Manager shall update the Schedule of the Work on a bi-monthly basis or as mutually agreed by all Parties. RFQ 22-13, Construction Manager at Risk for YRCC Expansion Page 12 of 25 Last Revised 02.13.23 iii. City may determine the sequence in which the Work shall be performed, provided it does not unreasonably interfere with the approved project schedule. City may require Construction Manager to make reasonable changes in the sequence at any time during the performance of the Work in order to facilitate the performance of work by City or Others. If Construction Manager consequently incurs costs or is delayed, the GMP or the Dates of Substantial or Final Completion, or both, Construction Manager may seek equitable adjustment. 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 Day& January 11 February 9 March S Ayd S Mar S Jame S Juh, 7 August 7 5 ember October November 7 December S RFQ 22-13, Construction Manager at Risk for YRCC Expansion Page 13 of 25 Last Revised 02.13.23 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 22-13, Construction Manager at Risk for YRCC Expansion Page 14 of 25 Last Revised 02.13.23 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: a. Upon notification from Construction Manager that the Work is complete and ready for final inspection and acceptance, City, with the assistance of its Design Professional shall promptly conduct an inspection to determine if the Work has been completed and is acceptable under the Contract Documents. b. When the Work is complete, Construction Manager shall prepare for City's written acceptance a final application for payment stating that to the best of Construction Manager's knowledge, and based on City's inspections, the Work has reached Final Completion in accordance with the Contract Documents. c. Final payment of the balance of the GMP shall be made to Construction Manager within thirty (30) Days after Construction Manager has 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. d. Final payment shall be due on Construction Manager's submission of the following to the City: i. an affidavit declaring any indebtedness connected with the Work, to have been paid, satisfied, or to be paid with the proceeds of final payment, so as not to encumber City property; ii. as -built drawings, manuals, copies of warranties, and all other close-out documents required by the Contract Documents; iii. release of any liens, conditioned on final payment being received; iv. consent of any surety; and v. any outstanding known and unreported accidents or injuries experienced by Construction Manager or its Subcontractors at the Worksite. vi. 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 RFQ 22-13, Construction Manager at Risk for YRCC Expansion Page 15 of 25 Last Revised 02.13.23 are fully completed and accepted. Such payment shall not constitute a waiver of claims, but otherwise shall be governed by this section. vii. 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. e. 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 one hundred fifty US dollars ($100.00 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: a. 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: a. Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law applying to the case. 19. Venue: a. Venue for all legal disputes shall be Washington County, Arkansas. 20. Freedom of Information Act: a. City of Fayetteville contracts and documents prepared while performing contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the CMAR shall do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25-19-101 et. Seq.). Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance. 21. Changes in Scope or Price: a. 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. RFQ 22-13, Construction Manager at Risk for YRCC Expansion Page 16 of 25 Last Revised 02.13.23 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: 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; RFQ 22-13, Construction Manager at Risk for YRCC Expansion Page 17 of 25 Last Revised 02.13.23 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, sub -subcontractors, and design professionals for damages caused by risks covered by the property insurance, except such rights as they may have to the proceeds of the insurance. 1. To the extent of the limits of Construction Manager's Commercial General Liability Insurance, Construction Manager shall indemnify and hold harmless City against any and all liability, claims, demands, damages, losses, and expenses, including attorneys' fees, in connection with or arising out of any damage or alleged damage to any of City's existing adjacent property, including personal property, that may arise from the performance of the Work, to the extent caused by the negligent or intentionally wrongful acts or omissions of Construction Manager, Subcontractor, Supplier, Sub -subcontractor, or RFQ 22-13, Construction Manager at Risk for YRCC Expansion Page 18 of 25 Last Revised 02.13.23 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. PROFESSIONAL LIABILITY INSURANCE: To the extent Construction Manager is required to procure design services, Construction Manager shall require its design professionals to obtain a commercial professional liability insurance for claims arising from the negligent performance of professional services under this Agreement, with a company reasonably satisfactory to City, including coverage for all professional liability caused by any consultants to Construction Manager's design professional, written for not less than one million US dollars ($1,000,000) per claim and in the aggregate. Construction Manager's design professional shall pay the deductible. The Professional Liability Insurance shall contain a retroactive date providing prior acts coverage sufficient to cover all Services performed by the Constructor's design professional for this Project. Coverage shall be continued in effect for the entire warranty period. RFQ 22-13, Construction Manager at Risk for YRCC Expansion Page 19 of 25 Last Revised 02.13.23 23. Professional Responsibility: a. 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 Bond Projects & Construction Manager, or their designee, is the project representatives with respect to the services to be performed under this Agreement. The Bond Projects & Construction Manager 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: a. 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, ii. An opportunity for consultation with the terminating party prior to termination. RFQ 22-13, Construction Manager at Risk for YRCC Expansion Page 20 of 25 Last Revised 02.13.23 b. This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its convenience, provided that CMAR is given: i. Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, ii. An opportunity for consultation with the terminating party prior to termination. c. If termination for default is affected by CITY OF FAYETTEVILLE, an equitable adjustment in the price provided for in this Agreement shall be made, but i. No amount shall be allowed for anticipated profit on unperformed services or other work, ii. Any payment due to CMAR at the time of termination may be adjusted to cover any additional costs to CITY OF FAYETTEVILLE because of CMAR's default. d. If termination for default is affected by CMAR, or if termination for convenience is affected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to 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 omissions of CITY OF FAYETTEVILLE or CMAR in the performance of this Agreement, and disputes concerning payment. RFQ 22-13, Construction Manager at Risk for YRCC Expansion Page 21 of 25 Last Revised 02.13.23 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: a. 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 liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party RFQ 22-13, Construction Manager at Risk for YRCC Expansion Page 22 of 25 Last Revised 02.13.23 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. 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 RFQ 22-13, Construction Manager at Risk for YRCC Expansion Page 23 of 25 Last Revised 02.13.23 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 22-13, Construction Manager at Risk for YRCC Expansion Page 24 of 25 Last Revised 02.13.23 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. By: By: Lioneld Odan, Mays _o•��RK! Tipodd, Executive Vice President of Operations ATTEST: AYi[ I IEVILLE• Kara Paxton, City Clerk'Treotsueler 1,.^.AN°:°:U? Date Signed: -_/ (� ae?a J Date Signed: t•/S-ZAZ3 END OF AGREEMENT FOR PROFESSIONAL CONSTRUCTION MANAGER AT RISK SERVICES RFQ 22-13, Construction Manager at Risk for YRCC Expansion Page 25 of 25 Last Revised 02.13.23 APPENDIX A —SCOPE OF WORK for CONTRACT FOR PROFESSIONAL SERVICES — CONSTRUCTION MANAGER AT RISK RFQ 22-13, CMAR — YRCC Expansion 1. PROJECT SUMMARY a. The City of Fayetteville is accepting statements of qualifications from licensed professionals to provide construction management at risk (CMAR) services for the construction of an expansion to the Yvonne Richardson Community Center. This will be a LEED certified two (2) story expansion of approximately 11,000 square feet. The expansion will also include development of Buddy Hayes Park, Creekside Trail, and Handicap Parking. b. The City of Fayetteville has selected MBL Architecture as the architectural firm to serve as lead design professional for this project. c. Project funding: The total project funding is encompassed by a voter approved bond issue. 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. Coordination with MBL Architecture is critical for all phases. CMAR shall coordinate with the architectural team in order to achieve best value for the overall success of the project, including working to achieve maximum cost savings. b. PHASE 1: Pre -Construction Services i. Schematic Design Phase Coordination 1. Provide industry standard construction manager services, including but not limited to development of costs, identifying potential design changes which could result in cost savings or energy efficiency, interact with the design team for review of documents, etc. 2. Coordinate with MBL Architecture to prepare and submit three (3) sets of Schematic Design documents, Preliminary Specifications, schematic cost estimate, and schedule to the City staff and architect for review and approval (15% plan review). a. After receiving schematic design comments, meet with applicable divisions to resolve comments in preparation for review by Planning Commission. b. Assist architectural team in responding in writing to all City Staff comments on plans. c. Assist architectural team in coordinating with private utilities and service providers. ii. Design Development Phase Coordination RFQ 22-13, CMAR — YRCC Expansion APPENDIX A —SCOPE OF WORK Page 1 of 4 — Last Revised: 02.13.23 1. Assist MBL Architecture to define and develop all trade bid packages. Those packages shall be reviewed and approved by the City of Fayetteville representatives prior to being released for the bidding process. 2. Coordinate with MBL Architecture to prepare and submit three (3) sets of Design Development documents including detailed specifications, detailed cost estimate and schedule to the City staff for review and approval. (50% plan review). Components to include: a. Site plans, paving layouts, traffic circulation, lighting, signage and utilities b. Floor plans, Structural, Civil, Architectural, Storm Water Pollution Prevention Plan (SWPPP), MEP, Data, Security, Access Control, Fire Protection and landscaping c. Exterior elevations, rendering and color palette d. Building sections and details e. Interior elevations, casework and millwork elevations f. Drainage Study and calculations, as required by City g. Report addressing all City's Design Criteria and Code requirements 3. Assist MBL Architecture in responding in writing to all City comments on plans. 4. Assist MBL Architecture in coordination of final utility plans. 5. Facilitate with architectural team and City cost -benefit analyses to determine most cost- effective construction after evaluation of life -cycle cost impact. L Construction Documents Phase 1. Assist MBL Architecture in completing Construction Documents/Plans and Specifications. Architectural team will submit three (3) sets to City staff, and electronic versions as necessary, for Code and general review and approval as well as Construction Manager and City for cost analyses. (90% plan review). 2. Attend follow up meetings with City Development Services and Fire Marshall. 3. Complete final coordination with private utilities and service providers. 4. Assist MBL Architecture to prepare and submit three (3) complete sets of Construction Documents, and electronic versions as necessary, including 90% written responses, Specifications and Architect's Cost Estimate and schedule to City of Fayetteville Development Services for review and approval (100% plan review). 5. Assist MBL Architecture in correcting plans to reflect issues noted by Review for Permit, inclusive of any necessary redesign prompted from the permit process. 6. Construction Documents/Plans, Specifications and Project Drawings shall be routed through the City of Fayetteville Development Services, Planning, Engineering, Building Safety, Fire Marshal, and Urban Forestry for required approvals. 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. RFQ 22-13, CMAR—YRCC Expansion APPENDIXA — SCOPE OF WORK Page 2 of 4 — Last Revised: 02.13.23 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 holders and provide updated listings to all interested parties in a timely manner. d. All questions and inquiries shall be distributed in the form of an addendum and shall be provided to all interested parties at the same time. 4. Coordinate with City Purchasing Division through the pre -bid meeting and facilitating a public bid opening. 5. Maintain open communication with the City Purchasing Division during any process involving Request for Information (RFI). 6. 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. A public bid opening shall be held at the CMAR's advertised location at a time and date communicated with the City Purchasing Division. 9. Design of all Bid Proposals. 10. CMAR to provide City with Recommendation of Award Letter that includes the following required content (and assist with): a. Check for math errors and reconcile any mathematical discrepancies. b. Review for unbalanced bid items. c. Finalize a Certified Bid Tabulation. d. Review of Contractor's financial standing and references provided. e. Explanation of discrepancies between the Engineer's estimate and bids. f. Meet with the City to provide a formal written recommendation of award. 11. Attend City Council meeting(s) for the recommendation for award of Contract(s) for Construction. a. CMAR shall provide with each recommendation for award, a signed affidavit which states the CMAR agrees that all Arkansas state procurement laws and City Purchasing Policies have been followed and performed. RFQ 22-13, CMAR—YRCC Expansion APPENDIXA — SCOPE OF WORK Page 3 of 4 — Last Revised: 02.13.23 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. Conduct regular Owner, MBL Architecture, and CM meetings as jointly determined by CMAR, City, and Architect. 3. Coordinate with City and MBL Architecture 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 project management services. MBL Architecture will provide field services, progress meetings, and progress payment review, and assistance on a bi-monthly basis. 5. Review and address site visit report from MBL Architecture at least one (1) time per month. 6. Coordinate with MBL Architecture to conduct Substantial Completion Inspection, coordinate with architect to create punch list, substantiate that items noted are completed, and issue Substantial Completion Certificate. 7. The City of Fayetteville Facilities Management Division shall be notified to attend all on - site meetings, review and approve all pay requests, and change order review prior to Mayor's approval. ii. Project Close Out 1. Provide Warranty Services during the entire Warranty Period. MBL Architecture 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 MBL Architecture for completeness before transmitting to the City which include but are not limited to: a. Contractor's red lines and as -built notes b. Warranty information c. Material Safety Data Sheet (MSDS) d. Operating Manuals e. Start-up and testing reports f. Building commissioner report g. As -built record drawings (hard copy and digital format) h. Produce a project narrative that provides a comprehensive review of the construction activities for the project with a project narrative submitted for City approval at the completion of each contract phase i. Consent of Surety j. Release of liens RFQ 22-13, CMAR—YRCC Expansion APPENDIXA — SCOPE OF WORK Page 4 of 4 — Last Revised: 02.13.23 /e1»4►111LV4 �I�EGRlXy r I I Professional Charging Rates - FY 2022 Nabholz Construction Corporation �• • Project Executive $150 Senior Project Manager $125 Project Manager $105 Assistant Project Manager $85 Project Engineer / Coordinator $75 Preconstruction Manager $125 Chief Estimator / Specialist $110 MEP Estimator /Specialist $110 Estimator $90 BIM Model Integrator $75 General Superintendent $150 Senior Superintendent $125 Project Superintendent $105 Assistant Superintendent $85 Safety Director $75 Administrative Assistant 1 $55 Owner acknowledges that the Charging Rates noted in above are confidential and competitive to Construction Manager, and shall not be disclosed to any third party without advance written authorization of the Construction Manager. Regarding our proposal for Fees, GCs, etc. • Precon Fee: Lump Sum of $15k • CM Fee: 7.5% • Insurances & Bond: 1.87% • GCs / GRs: 12.5% • Sub Surety: Cost of Work (CM discretion on SDI or External Bond) NABHCON-10 SBURGENER ACORO CERTIFICATE OF LIABILITY INSURANCE DATE(M/202YYY) 1 /31 2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Sherry L Burgener, CIC, CRM, AU, AAM PHONE FAX (A/C, No, Ext): (501) 819-3201 (A/C, No):(501) 666-7168 Risk Services of Arkansas / INSURICA 1501 Mart Dr Little Rock, AR 72202 AD AIL Sherry.Burgener@INSURICA.com INSURERS AFFORDING COVERAGE NAIC # INSURER A: American Contractors Insurance Co. RRG 12300 INSURED INSURER B : Charter Oak Fire Insurance Company 25615 INSURERC:ACIG Insurance Company 19984 Nabholz Construction Services (R) INSURER D : Travelers Property Casualty Company of America 25674 P.O. Box 277 Rogers, AR 72757 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM DD POLICY EXP MM DD LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR XCU Included GL22 ABC 00080 ( ) 6/1/2022 6/1/2023 EACH OCCURRENCE $ 10,000,000 DAMAGE TO RENTED PREMISES Ea occurrence 100,000 $ X MED EXP (Any oneperson) $ 5,000 X Contractual Liab PERSONAL & ADV INJURY $ 10,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY FX JERCOT LOC OTHER: GENERAL AGGREGATE $ 10,000,000 PRODUCTS - COMP/OP AGG $ 10,000,000 B AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY DT-810-9K304304-COF-22 6/1/2022 6/1/2023 COMBINED SINGLE LIMIT Ea accident 2,000,000 $ X BODILY INJURY Perperson) $ BODILY INJURY Per accident $ PROPERTY cctlentDAMAGE $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DIED RETENTION $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE � OFFICERIMEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A WCA000011322 6/1/2022 6/1/2023 X PER OTH- STATUTE ER E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 D Builders Risk QT630-9K459897-22 6/1/2022 6/1/2023 Completed Value DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Yvonne Richardson Community Center Workers Compensation Policy Numbers: WCA000011322; WCA000007722; WCA000003122; WCA000017122 Builders Risk - Special Coverage Form - Monthly Reporting - Completed Value CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fayetteville Y Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 113 West Mountain Street Fayetteville, AR 72701 AUTHORIZED REPRESENTATIVE (1, ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD City of Fayetteville, AR cyTN' pF RAYETTEYILLE AR 1!A N drAg Purchasing Division, Room 306 113 W. Mountain Street Fayetteville, AR 72701 Phone: 479-575-8256 TDD (Telecommunication Device for the Deaf): 479.521.1316 RFQ 22-13: Construction Manager at Risk for YRCC Expansf�� DEADLINE: Thursday, December 29, 2022 prior to 2:00:00 ocal time PRE -PROPOSAL CONFERENCE: Wednesday 12/14/22 at . PM —via Zoom DELIVERY LOCATION: Electronic via the City's Online gayetteville-ar.gov ing Portal PURCHASING CONTACT: Amanda Beilfuss, abeilf DATE OF ISSUE AND ADVERTISEMENT: 12/04/""1 /05/22 & 12/06/22 ci Late qualifications w0z be accepted. RFQ's shall be submitted in accordance with the a4hed City f Fa ttevill e ifications and RFQ documents attached hereto. Each Proposer is required fill in ev ' and I upply all information requested; failure to do so may be used as basis of re ecn ny stat t of a i tion will be rejected that violates or conflicts with state, local, or federal law nces, icies. r141,v .I s as specified, at the prices & terms stated herein, and in The undersigned hereby offers to fury h Liver t a 'Xis ogent strict accordance with the specifications and gene tions ting, all of which are made a part of this offer. This offer is not subject to withdrawn u on mutu J �NpYY written a rethe Proposer/Bidder and Cit Purchasin Mana er. g g Name of Firm:..' 1.# C I` Contac �s E-M4 Business Address: Title: Phone: City: State: Zip: Signature: Date: City of Fayetteville, AR RFQ 22-13, CMAR for YRCC Expansion Page 1 of 25 City of Fayetteville RFQ 22-13, CMAR for YRCC Expansion Advertisement City of Fayetteville, Arkansas Request for Statements of Qualification RFQ 22-13, Construction Manager at Risk (CMAR) for YRCC Expansion The City of Fayetteville is accepting statements of qualifications from construction manageelfirms properly licensed to provide, construction management / general contractor (CM/GC) sewPan a construction management at risk (CMAR) / guaranteed maximum (GMP) project for the construct expansion to the Yvonne Richardson Community Center. This will be a LEED certified two (2) stor sion of approximately 11,000 square feet. The expansion will also include development of Buddy Park, Creekside Trail, and Handicap Parking. All questions regarding this RFQ should be dj(eto Amanda Beilfuss at abeilfuss@fayetteville-ar.gov. Professional Services required include: 1. Ensure all funds are spent in accordance with State ofProcurement laws 2. Guaranteed maximum price construction 3. Estimating 4. Sub -contractor bidding 5. Project and change order pricing C) 6. Schedule control 7. Management of demolition and reco ion g a, O 8. Cost reduction and control 9. Project coordination with the de nginee 2lthe f yetteville. 10. Project close out 11. Warranty G The solicitation RFQ & NJ Q ums shall e b ed from the City of Fayetteville Purchasing Division's electronic bidding pl tf�m�at htt fa ettev 11 - . . bids. Statements of qualification shall be received by Thursda Decem 9 2022 before 2:00: P , local time, utilizing the electronic bidding platform. No late proposals shall & c pted. The City of FayetoKille shall not be responsible for lost or misdirected proposals, or for failurro oser's technical equipment. A non- datory pre -proposal conference will be held on Wednesday, December 14, 2022 at 2:00 PM via Zo ting information can be found on the City's online bidding platform. Statements of qualification submitted shall be qualified to do business and licensed in accordance with all applicable laws of the state and local governments where the project is located. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. City of Fayetteville, AR RFQ 22-13, CMAR for YRCC Expansion Page 2 of 25 The City of Fayetteville reserves the right to reject any or all proposals and to waive irregularities therein, and all Proposers shall agree that such rejection shall be without liability on the part of the City of Fayetteville for any damage or claim brought by any Proposer because of such rejections, nor shall the Proposers seek any recourse of any kind against the City of Fayetteville because of such rejections. The filing of any Proposal in response to this invitation shall constitute an agreement of the Proposer to these conditions. City of Fayetteville By: Amanda Beilfuss, Sr. Purchasing Agent P:479.575.8220 abeilfuss@fayetteville-ar.gov o TDD (Telecommunications Device for the Deaf): (479) 521-1316 • Ad dates: 12.04.2022, 12.05.2022, and 12.06.2022 ^^�` This publication was paid for by the Purchasing Division of the City of Fayetteville, Arkanssaa�` Amount paid: $644.77. CG Ci G �+ P � o p. t4o" G � OD Iq- IqQ O- City of Fayetteville, AR RFQ 22-13, CMAR for YRCC Expansion Page 3 of 25 City of Fayetteville RFQ 22-13, CMAR for YRCC Expansion Table of Contents SECTION: PAGE NUMBER Cover Page 01 Advertisement 02 SECTION A: General Terms & Conditions OS SECTION B: Vendor References SECTION C: Signature Submittal • SECTION D: Project Summary and Scope of Work 17 <( +e CG Ci G �+ P � o p. t4o" G � OD 'q- 'qQ O- City of Fayetteville, AR RFQ 22-13, CMAR for YRCC Expansion Page 4 of 25 City of Fayetteville RFQ 22-13, CMAR for YRCC Expansion SECTION A: General Terms & Conditions 1. SUBMISSION OF A STATEMENT OF QUALIFICATION SHALL INCLUDE: a 0 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 t,< e documents as equal to statement of qualification (SOQ). �� A description of the Proposer's experience in providing the same or similar : s as outlined in the RFQ. This description should include the names of the person(s) who wir�iide the services, their qualifications, and the years of experience in performing this type of wQ .Also, include the reference information requested in this RFQ. Electronic Submittal: Proposers are required to o to ww .f 9Ile-ar. ov bids and follow the p q g prompts to submit a statement of qualifications within the c nic bidding platform. All Proposers must register in order to be able to submit. There is no e f r registration. Physical submittals are not allowed for this RFQ. i. SOQ's shall be prepared simply omically, providing a straightforward, concise description of its ability to meet quire nts for the project. Fancy bindings, colored displays, and promotionalrial ar n req d. Emphasis should be on completeness and clarity of cgntent. All_kbmittals s e formatted for standard 8 %z x 11" size documentati xception � V be s a ics, exhibits, one -page resumes, and City required Propos �ll b i to twenty- five (25) pages or less, excluding one-p e e m res e , referen ,and forms required by the City for completion. osaIs be u oa in a PDF format to the City's electronic platform p or tg he sta dline- Proposals will be re Only the names c* the Fayettev 9Z) until afters a dcc �e�followin� �rser's will bE �ouncil. All inte ntract has been E Kali submit a statement Purchasing Division. d�ad7ine, as shown on the cover sheet of this document. after the deadline until a contract has been awarded by 3r ies understand proposal documents will not be available and at that time only for the intended selection. on documentation published by the osals shall be uploaded as a single PDF document to the City of Fayetteville's online electronic ing platform. e. -Proposals must follow the format of the RFQ. Proposers should structure their responses to follow the sequence of the RFQ, if provided. 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 City of Fayetteville, AR RFQ 22-13, CMAR for YRCC Expansion Page 5 of 25 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. 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 t�posal must be sent in writing via e-mail to the Purchasing Department. Responses to questions`r®a e handled as an addendum if the response would provide clarification to the requirements l► proposal. All such addenda shall become part of the contract documents. The City will not ponsible for any other explanation or interpretation of the proposed RFQ made or given prior to th rd of the contract. 3. RIGHTS OF CITY OF FAYETTEVILLE IN THIS PROCESS: �J In addition to all other rights of the City of Fayetteville, under s I bv, th City specifically reserves the following: .4► a. The City of Fayetteville reserves the right to ranAffisNlae negotiate with the highest-ranking firm. Negotiation with an individual Proposer does not regotiation with others. b. The City of Fayetteville reserves the right to sel t`�ie pro�asal it believes will serve the best interest of the City. V c. The City of Fayetteville reserves the ri to?ccept ar any or r posals. d. The City of Fayetteville reserves th ri t to cancelEhh ntir c t for qualifications. e. The City of Fayetteville resery right e d yta4 wa e technical or immaterial errors in the request for statements of ?I atication or r g s it f. The City of Fayetteville reserves th ri t>o ny necessary clarifications, additional information, or proposal data wi ut i anging so oposal. g. The City of Faye t� l reserves the rig ake selection of the Proposer to perform the services required on Osis of the original PrAw ithout negotiation. ' 4. EVALUATION'IT A: The eva n riteria define the factors that will be used by the selection committee to evaluate and score resp s a esponsible and qualified proposals. Proposers shall include sufficient information to allow the SAXn committee to thoroughly evaluate and score proposals. Each proposal submitted shall be ed and ranked by a selection committee. The contract will be awarded to the most qualified Pr poser, per the evaluation criteria listed in this RFQ. Proposers are not guaranteed to be ranked. 5. COSTS INCURRED BY PROPOSERS: All expenses involved with the preparation and submission of proposals to the City, or any work performed in connection therewith, shall be borne solely by the Proposer(s). No payment will be made for any responses received, or for any other effort required of, or made by, the Proposer(s) prior to contract commencement. City of Fayetteville, AR RFQ 22-13, CMAR for YRCC Expansion Page 6 of 25 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 Em loyee to Provide Services to the City". n The Proposer shall promptly notify Amanda Beilfuss, City Sr. Purchasing Agent, ing, of all potential conflicts of interest for any prospective business association, interest, or of cumstance which may influence or appear to influence the Proposer's judgment or quality of i s being provided. Such written notification shall identify the prospective business associate erest or circumstance, the nature of which the Proposer may undertake and request an o Ito the City as to whether the association, interest or circumstance would, in the opinion of Ci y, c``onstitute a conflict of interest if entered into by the Proposer. The City agrees to Commun cat the Proposer its opinion via e-mail or first-class mail within thirty days of receipt of notificatin. I 8. WITHDRAWAL OF STATEMENT: i� 10 A state of qualification may be withdrawn prigrrerese e based on a written request from an authorized qualification shall not be withdrawn after the time set f E PROPOSAL OR MODIFICATIONS: p ` Proposal and modifications receiv the til for considered. Modifications in wri A responsible for misdirecte i rop electronic bidding platfor tonsure e set for the proposal submittal deadline ire of the firm; however, a statement of opos e dline. (rOoposal submittal shall not be ine will be accepted. The City will not be eir submission status in the online The laws of the ee-?f Arkansas apply�Jl y purchase made under this request for statements of qualificatio reposers shall comp 1 I local, state, and federal directives, orders and laws as applicabl proposal and subsut contract(s) including but not limited to Equal Employment Opportunit EO), Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract. �ro Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, S rity and women business enterprises to bid on and receive contracts for goods, services, and truction. Also, City of Fayetteville encourages all general contractors to subcontract portions of heir contract to qualified small, minority and women business enterprises. 11. COLLUSION: The Proposer, by affixing his or her signature to this proposal, agrees to the following: "Proposer certifies that his proposal is made without previous understanding, agreement, or connection with any person, firm or corporation making a proposal for the same item(s) and/or services and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action." City of Fayetteville, AR RFQ 22-13, CMAR for YRCC Expansion Page 7 of 25 12. RIGHT TO AUDIT. FOIA. AND JURISDICITON: a. The City of Fayetteville reserves the privilege of auditing a vendor's records as such records relate to purchases between the City and said vendor. b. Freedom of Information Act: City contracts and documents prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the (Contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant e FOIA may be assessed for this compliance. O c. Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law ag to the case. 13. CITY INDEMNIFICATION: �%�►� The successful Proposer(s) agrees to indemnify the City and hold it ha from and against all claims, liability, loss, damage or expense, including but not limited to coun rising from or by reason of any actual or claimed trademark, patent or copyright infringement o * g ion based thereon, with respect to the services or any part thereof covered by this order, and ob gation shall survive acceptance of the services and payment thereof by the City. 14. VARIANCE FROM STANDARD TERMS & CONDITIONS: G All standard terms and conditions stated in this req e or sta ents of qualification apply to this contract except as specifically stated in the subsequent se .ons of is ocum nt, which take precedence, and %� should be fully understood by Proposers prior tooubmit``tin``i proposal is requirement. 15. ADA REQUIREMENT FOR PUBLIC NOTICE NSLATO Persons with disabilities req*nsion ble aModatio to participate in this proceeding/event, should call 479.521.1316 (telation e for �e eaf), not later than seven days prior to the deadline. Persons needing tof cu contact the City of Fayetteville, Purchasing Division, immediately. 16. CERTIFICATE OF INSUR PIqQ The successful Propos shall provide a C& of Insurance of professional liability insurance in the amount of $5 Ili AUS dollars, at mini um Certificate of Insurance shall list the City as an additional insured and or�quired unless propo3br�fs selected. 17. PA ThepMr must specify in their proposal the exact company name and address which must be the same ces submitted for payment as a result of award of this RFQ. Further, the successful Proposer is r onsible 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. City of Fayetteville, AR RFQ 22-13, CMAR for YRCC Expansion Page 8 of 25 18. CANCELLATION: a. The City reserves the right to cancel this contract without cause by giving thirty (30) days prior notice to the Contractor in writing of the intention to cancel or with cause if at any time the Contractor fails to fulfill or abide by any of the terms or conditions specified. b. Failure of the contractor to comply with any of the provisions of the contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Fayetteville. c. In addition to all other legal remedies available to the City of Fayetteville, the City r seWes the right to cancel and obtain from another source, any items and/or services which have rto n delivered within the period of time from the date of order as determined by the City of Fayette d. In the event sufficient budgeted funds are not available for a new fiscal ��, the City shall notify the vendor of such occurrence and contract shall terminate of the las f the current fiscal period without penalty or expense to the City. 19. ASSIGNMENT SUBCONTRACTING CORPORATE ACQUISITIONS AN ERGERS: a. The CMAR shall perform this contract. No assignment o su ontracting shall be allowed without prior written consent of the City. If a Proposer intends t bract a portion of this work, the Proposer shall disclose such intent in the proposal submitte �ult of this RFQ. b. In the event of a corporate acquisition and/or r, the �AAR shall provide written notice to the City within thirty (30) calendar days of Contractors otice oisuY' actin r upon the occurrence of said action, whichever occurs first. The right tvtermina to this contr ich shall not be unreasonably exercised by the City, shall include, r not be lii to, ins in which a corporate acquisition and/or merger represent a conflic i erest or ntr local, state, or federal laws. Action by the City awarding a propos t a irm t a dis ose its intent to assign or subcontract in its response to the RFQ, withou ion sh stit t ap val for purpose of this Agreement. 20. NON-EXCLUSIVE CONTRACT: G Award of this RFQshall ' o e no obli �n th it o utilize the vendor for all work of this type, which � i?i `y .. Yp , may develop during tNctract period. Thi i t an exclusive contract. The City specifically reserves the right to concurre tly o�?tract with other i s for similar work if it deems such an action to be in the City's best in s .0I the case of mul ple ase contracts, this provision shall apply separately to each item. 21. ADDITI A EQUIREMENTS: OTh reserves the right to request additional services relating to this RFQ from the Proposer. When d by the City as an amendment to the contract and authorized in writing prior to work, the C tractor shall provide such additional requirements as may become necessary. 22. 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. 23. 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 City of Fayetteville, AR RFQ 22-13, CMAR for YRCC Expansion Page 9 of 25 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. 24. 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, d the pendency of bid protest, by the bidder/proposer/protestor or any member of the bidders/ ser's/protestor's staff, and agent of the bidder/proposer/protestor, or any person employed by any ntity affiliated with or representing an organization that is responding to the request for proposal, st for qualification, bid or contract, or has a pending bid protest is strictly prohibited either upQ'� vertisement or on a date established by the City of Fayetteville and shall be prohibited until either ard is final or the protest is finally resolved by the City of Fayetteville; provided, howe a ring herein shall prohibit a prospective/bidder/proposer from contacting the Purchasing i 'si n to address situations such as clarification and/or questions related to the procurement pr ss. r purposes of this provision lobbying activities or communication shall include but not be limited t in uencing or attempting to influence action or non -action in connection with any request for propos , re uest for qualification, bid or contract through direct or indirect oral or written communication or a e t to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause n eques 0 proposal, request for qualification, bid or contract to be rejected. 25. DEBARRED ENTITIES: By submitting a statement of qualifica io vendor sta e�s cubm� in()tity is not a debarred company with the federal, any state, or local gover 26. OTHER GENERAL CONDITIONS: V a. Proposers shall provide th C' with o is by an employee having legal authority to submit proposals on behal the Propos e en st of preparing and providing responses shall be borne by the PrNtskeb!b. The City res V right to reque itional information it deems necessary from any or all Proposer esubmission deadl e. eee or statement of qualification is not to be construed as an offer, a contract, or a nt of any kind; nor does it commit the city to pay for any costs incurred by Proposer in n. It shall be clearly understood that any costs incurred by the Proposer in responding to this r statements of qualification is at the Proposer's own risk and expense as a cost of doing 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 Amanda Beilfuss immediately via e-mail at (abeilfuss@fayetteville-ar.gov). It is the intent and goal of the City of Fayetteville Purchasing Division to provide documents providing a clear and accurate understanding of the scope of work to be completed City of Fayetteville, AR RFQ 22-13, CMAR for YRCC Expansion Page 10 of 25 and/or goods to be provided. We encourage all interested parties to ask questions to enable all Proposers to be on equal terms. 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. An information provided herein is intended to assist the Proposer in the pifiedioProposers n of proposals Y p p pp p necessary to properly respond to this RFQ. The RFQ is designed to provid with sufficient basic information to submit proposals meeting minimu s ifications and/or test requirements but is not intended to limit a RFQ's content or to excluded evant or essential data. i. Proposers irrevocably consent that any legal action or proceeding ag ill�tlit under, arising out of or in any manner relating to this Contract shall be controlled by Arka a I v Proposer hereby expressly and irrevocably waives any claim or defense in any said actin or eeding based on any alleged lack of jurisdiction or improper venue or any similar basis. j. The successful Proposer shall not assign the whole o an part of this Contract or any monies due or to become due hereunder without written consent f of Fayetteville. In case the successful Proposer assigns all or any part of any monies due c mylle under this Contract, the Instrument of assignment shall contain a clause substantially to e effect is agr hat the right of the assignee in and to any monies due or to become due tdthe su(;c uii Propo ll be subject to prior liens of all persons, firms, and corporations for r`'�' rend n ma erahpplied for the performance of the services called for in this contract. �`, k. The successful Proposer's at n his direc th that all applicable Federal and State laws, p pp municipal ordinances, and th1Q s and r on f orities having jurisdiction over the services shall apply to the contractvjrghout, n ey owi deemed to be included in the contract as though written out in full hipViin. The suc Prop all keep himself/herself fully informed of all laws, ordinances and r u a i s�of the Fe ral, Sta , a d municipal governments or authorities in any manner affecting those en ed or employed in pr` c these services or in any way affecting the conduct of the services and Borders and decrees bQ�Nes or tribunals having anyjurisdiction or authority over same. If any di c plRicy or inconsistency be discovered in these Contract Documents or in the specp4%tiorVherein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he s I e ith report the same in writing to City of Fayetteville. 27. I NCE: Vaon'y7 project selected under this RFQ shall require professional liability insurance in the amount of $5 million US dollars, at minimum. Such Certificate of Insurance shall list the City as an additional insured and not be required unless firm is awarded a contract. Certificate of insurance shall be provided within 10 (ten) calendar days after contract award. The City reserves the right to provide builder's risk insurance in the event it results in a cost savings to the overall project. i. Professional/Comprehensive General Liability Insurance: Minimum $5 million ii. Builder's Risk City of Fayetteville, AR RFQ 22-13, CMAR for YRCC Expansion Page 11 of 25 iii. Worker's Compensation: Statutory amount iv. General Automotive Insurance as required by state law 28. SELECTION CRITERIA: The evaluation criterion below defines the factors which will be used by the selection committee to evaluate and score responsive, responsible and qualified proposals. The evaluation factors are as follows: 1. 30 Points — Specialized experience and technical competence of the firm with respect to the type of professional services required 2. 25 Points —Capacity and capability of the firm to perform the work in u s T� including specialized services, within the time limitations fixed for the completio e project 3. 25 Points — Past record of performance of the firm with respect t �c factors as control of costs, quality of work, and ability to meet schedules and dOch e 4. 20 Points — Firm's proximity to and familiarity with the ar ' the project is located ****NOTE: Fees shall NOT be included with any statement o u ification. Price shall not be a considered a factor used to select a vendor. Price and fees will not be ns* ed until the negotiating process and will be a factor in the award of any proposed contract. In the City is not able to negotiate a successful contract with the selected vendor, the City reser e e rig to cease negotiations with such selected vendor and proceed on to the next selected ven V" O P � G � City of Fayetteville, AR RFQ 22-13, CMAR for YRCC Expansion Page 12 of 25 City of Fayetteville RFQ 22-13, CMAR for YRCC Expansion SECTION B: Vendor References The following information is required from all firms so all statements of qualification may be reviewed and properly evaluated: COMPANY NAME: NUMBER OF YEARS IN BUSINESS: HOW LONG IN PRESENT LOCATION: TOTAL NUMBER OF CURRENT EMPLOYEES: FULLTIME PART TIKE `O NUMBER OF EMPLOYEES PLANNED FOR THIS CONTRACT: FULLTIME PART TIME PLEASE LIST FOUR (4) REFERENCES IN WHICH CMAR HAS PREVIOUSLY PERFORMED CONTRACT S FOR WITHIN THE PAST FIVE (5) YEARS FOR PROJECTS OF SIMILAR SCOPE AND SIZE (All fields must be completed): 1. 2. COMPANY NAME COMPANY N FI CITY, STATE, ZIP CQY, STATE, ZIP CONTACT PERSON ONTA T P SON TELEPHONE HON O FAX NUMBER D'�FA BER V E-MAIL ADDRESS � AIL ADDRESS � P 3. N COMPANY NAME r 4e rl, A* vp CITY, STATE, .**_ 0- CON4; I PEIRSON TELEPHONE FAX NUMBER E-MAIL ADDRESS City of Fayetteville, AR RFQ 22-13, CMAR for YRCC Expansion Page 13 of 25 4 COMPANY NAME CITY, STATE, ZIP CONTACT PERSON TELEPHONE yJ:�►l�lllll�:� -aurav_..11=30 City of Fayetteville RFQ 22-13, CMAR for YRCC Expansion SECTION C: Signature Submittal 1. DISCLOSURE INFORMATION Proposer shall disclose any possible conflict of interest or disclose any financial interest with the City of Fayetteville, 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 -consults, and any City of Fayetteville employee, or elected City of Fayetteville Official. O If, to your knowledge, no relationship exists, this should also be stated in your respons Tlure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of yo r ponse. This form must be completed and returned in order for your bid/proposal to be eligible for consideratioi . PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROP VPLIES TO YOUR FIRM: 1) NO KNOWN RELATIONSHIP EXISTS C 2) RELATIONSHIP EXISTS (Please exp>ai : I certify that; as an officer of this organization, or QRr the att+ah Netter horization, I am duly authorized to certify the information proviaeiein is and a d my organization shall comply with all State and Federal Equal Opport t d Non- i r ina ' irements and conditions of employment. '� V 2. PRIMARY CONTACT INFORMAT At the discretion of the Cit one o moray for more detailed information before final ranking of the firms, whic y%lso inclu oral in er ws. NOTE: Each Proposer shall submit to the City a primary contact name,N address, and phi mber (preferably a cell phone number) where the City selection committee cats call for clarification r ew via telephone. 'V Corporate of Firm: Prim tact: Title o rimary Contact: Phone#1 (cell preferred): Phone#2: E-Mail Address: City of Fayetteville, AR RFQ 22-13, CMAR for YRCC Expansion Page 14 of 25 3. ACKNOWLDGEMENT OF ADDENDA Please acknowledge receipt of addenda for this invitation to bid, request for proposal, or request for qualification by signing and dating below. All addendums are hereby made a part of the bid or RFQ documents to the same extent as though it were originally included therein. Proposers/Bidders should indicate their receipt of same in the appropriate blank listed herein. Failure to do so may subject vendor to disqualification. ADDENDUM NO. SIGNATURE AND PRINTED NAME DATE ACK OWLEDGED • 5. DEBARMENT CERTIFICATION As an interested party on this project, you are required to pr debarment/suspension certification Oft indicating compliance with the below Federal Executive Orde . Corti ication can be done by completing and signing this form. Federal Executive Order (E.O.) 12549 "Debarment pension" requires that all contractors receiving individual awards, using federal funds, and all s ci 'ents erti y that the organization and its principals are not debarred, suspended, proposed for debar m nt, decla inelig��r voluntarily excluded by any Federal department or agency from doing sintess wit �eral G�i ent. Signature certifies that neither you ur pri is pr tt9debarred, suspended, proposed for debarment, declared ineligible, or v aril y ex fro rti ipation in this transaction by any federal department or agency. � .(� v• 6. Pursuant to Arkansas Co e Annotated 03, ractor agrees and certifies that they do not currently boycott Isr I 1 not boy tt Israe du g any time in which they are entering into, or while in contract, with anya t lic entity as defined�� 1-503. If at any time during contract the contractor decides to boyc Israel, the contractor stl i the contracted public entity in writing. 7. SUB CONS LTA AND TEAM INFORMATION Propos certifies that proposals from the following consultants were used in the preparation of this stat f qualification. Proposer shall attach additional pages if necessary. This section only applies if CM�roposing a sub consultant for estimating, scheduling, accounting/payroll and non -construction trade services. Type of Work: Subcontractor's Name: Arkansas License No: Address: City of Fayetteville, AR RFQ 22-13, CMAR for YRCC Expansion Page 15 of 25 Date Firm Established: Percentage of Work: Type of Work: Subcontractor's Name: Arkansas License No: . 0• Address: ♦►_ Date Firm Established: n Percentage of Work: Questions regarding this form should be directed to the City of Fayette u?Wasing Division. NAME: ( 1 COMPANY: PHYSICAL ADDRESS: MAILING ADDRESS: �r1,0 �N TAX ID#: SAM El PHONE: FAX: E-MAIL: I ARKANSAS CONT Q'S LICENSE NO: ARKANSAS C�l ARY OF STATE FILING NO: Si n SIGNA RE: 1�:11►1���1►1_WI� TITLE 117_111111q City of Fayetteville, AR RFQ 22-13, CMAR for YRCC Expansion Page 16 of 25 City of Fayetteville RFQ 22-13, CMAR for YRCC Expansion 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 construction of an expansion to the Yvonne Richardson Community Center. This will be a LEED certified two (2) story expansioQ1 approximately 11,000 square feet. •`O The expansion will also include development of Buddy Hayes Park, Creekside nd Handicap Parking. II. The City of Fayetteville has selected MBL Architecture as the archite firm to serve as lead design professional for this project. III. Phasing and award: One contract will be awarded with mul0h es: co;a. Phase 1 will include pre -construction serviclined below. b. Phase 2 will include Change Order #1 f,Q, h uar ed Maximum price for the project. IV. Project funding: The total project fundin s erompasli;ea voter r VC d bond issue. O B . PROJECT INFORMATION & REQUIREtk S V I. Request for Qualifications (jRFC1) respo all ubmitted from one single primary construction manager firm with each additional c d t as a subcontractor to the primary. The primary firm in addition to antt�cted thir party s all disclosed with the RFQ response and be considered the project team f�h overall construF o p e of the project. This requirement to provide sub - consultant pr soonals does not ;?�Itic u contractor trades for the actual construction items (Electrical, CVtc.) as those items b bid after contract award. II. Resp se all not include price or hourly rates, or any pricing structure. Pricing shall be negotiated with t gnked selected firm only and is not considered part of this selection. The City intends to ate each phase as a not to exceed fee with the selected firm. III. It is the intent of this solicitation to enter into a mutually beneficial agreement indicated by the draft provided with this RFQ. a. Reference Section E for a draft agreement intended to be used with this project (expected to be issued via addendum after finalization). Final agreement is subject to negotiation with the final selected firm. City of Fayetteville, AR RFQ 22-13, CMAR for YRCC Expansion Page 17 of 25 IV. 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 ten (10) years that demonstrates successful street projects. Projects listed shall have been completed by the employees/associates that will be assigned to this project. V. At least one (1) firm on the project team shall have successful proven experience and available certifications from the USGBC in constructing LEED Certified Buildings. .0 Q. SCOPE OF WORK ✓\ I. Overview: Anticipated phases are identified below with associated scopMvork. Scope of work is not limited to any additional industry standard scope of work nec to complete each phase. Coordination with MBL Architecture is critical for all phases. Sel ary firm shall coordinate with the architectural team in order to achieve best value for th r I success of the project, including working to achieve maximum cost savings. C) II. PHASE 1: Pre -Construction Services C; a. Schematic Design Phase Coordination G i. Provide industry standard cgistruct4on manager s 'c s, including but not limited to development of cost i tifying poteQtial des' &anges which could result in cost savings or energy e iteam for review of documents, etc. ii. Coordinate i Arc t re e and submit three (3) sets of Schematic Design do m , Prel' Sp f' a ins, schematic cost estimate, and schedule to the City sta d ar or rI d approval (15% plan review). ter receiving sc is design comments, meet with applicable divisions to resolve comme.W1 aration for review by Planning Commission. 2. Assist architec ra team in responding in writing to all City Staff comments on plans. 3. Assist architectural team in coordinating with private utilities and service providers. b. Design Development Phase Coordination i. Assist MBL Architecture to define and develop all trade bid packages. Those packages shall be reviewed and approved by the City of Fayetteville representatives prior to being released for the bidding process. ii. Coordinate with MBL Architecture to prepare and submit three (3) sets of Design Development documents including detailed specifications, detailed cost estimate and schedule to the City staff for review and approval. (50% plan review). Components to include: City of Fayetteville, AR RFQ 22-13, CMAR for YRCC Expansion Page 18 of 25 1. Site plans, paving layouts, traffic circulation, lighting, signage and utilities 2. Floor plans, Structural, Civil, Architectural, Storm Water Pollution Prevention Plan (SWPPP), MEP, Data, Security, Access Control, Fire Protection and landscaping 3. Exterior elevations, rendering and color palette 4. Building sections and details 5. Interior elevations, casework and millwork elevations 6. Drainage Study and calculations, as required by City 7. Report addressing all City's Design Criteria and Code requirements iii. Assist MBL Architecture in responding in writing to all City comm2n _P plans. iv. Assist MBL Architecture in coordination of final utility plans. v. Facilitate with architectural team and City cost-benefivrtiv es to determine most cost-effective construction after evaluation of lif st impact. c. Construction Documents Phase CG i. Assist MBL Architecture in completing on truction Documents/Plans and Specifications. Architectural team will submit t e sets to City staff, and electronic versions as necessary, for Code and genera $ w a pproval as well as Construction Manager and City for cost analyses. (90% p review ii. Attend follow up mee ith City pm n Kices and Fire Marshall. iii. Complete final c ation wi ivate Hiti and service providers. iv. Assist MBL rc i cture par mit three (3) complete sets of Construction Documentsd el ve i s necessary,including 90% written responses, g p , Spec i icps and chitect' Estimate and schedule to City of Fayetteville D oent Services for r and approval (100%plan review). I list MBL Architectu i correcting plans to reflect issues noted by Review for Permit, inclusive of any necessary redesign prompted from the permit process. .(>vi. Construction Documents/Plans, Specifications, and Project Drawings shall be routed through the City of Fayetteville Development Services, Planning, Engineering, Building 1qQ Safety, Fire Marshall, and Urban Forestry for required approvals. d. Bid Phase i. Coordinate with City Purchasing Division to ensure all procedures followed for this phase meet state laws and City of Fayetteville Purchasing Policies. ii. 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 City of Fayetteville, AR RFQ 22-13, CMAR for YRCC Expansion Page 19 of 25 bidders]. Documents should be made available to any interested party electronically at no cost. iii. Provide distribution of plans to all interested parties. 1. Maintain open communication with the City of Fayetteville Purchasing Division throughout the bidding process. 2. Distribution of all documents shall be done in a fair and unbiased manner while keeping all interested parties on equal terms. 3. Document and keep an updated accurate record of plar® ers and provide updated listings to all interested parties in a timely, man 4. All questions and inquiries shall be directed to thf rchasing Division. The Purchasing Division shall distribute any questions inquiries in the form of an addendum and shall be provided to all interes at the same time. iv. Coordinate with City Purchasing Division thro pre -bid meeting and facilitating a public bid opening. C) v. Maintain open communication with (he"4ity Purchasing Division during any process involving Request for Information vi. An addenda shall be provided to ee P_urc si Division for coordination with the City, Y p 1 Y and for review and approval iXadvancissuance. Bidders, interested parties, and plan holders shall receive aJ�i ation� d i addenda at the time addenda is issued. vii. In the evenesit N�iesire e f-p rm portion of the work or a trade package, the CMAR a b' ag i t ame time and manner as other interested parties.^ viii. A pu I iij opening all be el t the City of Fayetteville Administration Building, City H tlrtime and date co ted in advance with the City Purchasing Division. 0I ist with the design UalBid Proposals. x. Review MBL Architectures Recommendation of Award Letter that includes the following required content (and assist with): IqQ 1. Check for math errors and reconcile any mathematical discrepancies. 2. Review for unbalance bid items. 3. Coordinate with the City Purchasing Division in finalizing a Certified Bid Tabulation including Engineer's estimate. 4. Review of contractor's financial standing and references provided. 5. Explanation of discrepancies between the Engineer's estimate and bids. 6. Meet with the City to provide a formal written recommendation of award. xi. Attend City Council meeting(s) for the recommendation for award of Contract(s) for Construction. City of Fayetteville, AR RFQ 22-13, CMAR for YRCC Expansion Page 20 of 25 III. PHASE 2: Guaranteed Maximum Price and Construction Administration Phase a. Construction Administration Phase i. Put forth diligent and fiscally responsible efforts to ensure the project will be completed on time and within budget. ii. Conduct regular Owner, MBL Architecture, and CM meetings as jodetermined by CMAR, City, and Architect. •`O iii. Coordinate with City and MBL Architecture on all Request f nge Proposals, Change Orders, etc. including maintaining a log of all such docum iv. The City of Fayetteville intends to provide regu ct management services. MBL Architecture will provide field services, progre ngs, and progress payment review, and assistance on a bi-monthly basis. ev. Review and address site visit report t�oj MBL Architecture at least one (1) time per month. vi. Coordinate with MBL Architec CJct Su ntial Completion Inspection, coordinate with architect t** create +,ch list, ANantiate that items noted are completed, and issue ntial Con Cere. Rw 01 vii. The Cityof Faye v e Facilit* e%ntivision shall be notified to attend all on- Y A a a g site meetin and e I ay quests, and change order review prior to Mayor's a ro ^ b. Project Clos •� `�` P r l i e Warranty Sery the entire Warranty Period. MBL Architecture to issue I arranty Reports an ev w 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. lqz iii. Provide close out submittal to MBL Architecture for completeness before transmitting to the City which include but are not limited to: 1. Contractor's red lines and as -built notes 2. Warranty information 3. Material Safety Data Sheet (MSDS) 4. Operating Manuals 5. Start-up and testing reports 6. Building commissioner report City of Fayetteville, AR RFQ 22-13, CMAR for YRCC Expansion Page 21 of 25 7. As -built record drawings (hard copy and digital format) 8. Produce a project narrative that provides a comprehensive review of the construction activities for the project with a project narrative submitted for City approval at the completion of each contract phase 9. Consent of Surety 10. Release of liens D). PROFESSIONAL SERVICES AND ADDITIONAL REQUIREMENTS: I. Professional Services: • o� a. Any entity responding to this RFQ shall be a current licensed conEofbr with the State of Arkansas Contractor's Licensing Board. Failure to hold a current co ti ctor's license shall result in submittal rejection. All subcontractors on the project shall be Nerly licensed by the State of Arkansas Contractor's Licensing Board. b. Any industry standard cost share or savings incenti a ices desired for discussion during contract negotiations should be disclosed with r onse. Cost sharing practice shall be presented in the format of a general best practi s a proach and contract terms and shall not include pricing related figures. Pricing and fe ar not part of the selection criteria and shall not be include with RFQ submittal. c. The resulting contract of this soli io shallre,a Guaranteed Maximum Price (GMP) construction contract; however, price itse shall no consiuntil a firm has been selected based on qualifications. Price 'll b(enegotia +1"ith the � t ualified firm, as evaluated and voted on by the selection co O d. Performance and pay n ding. r a con ct has been awarded to the selected construction manage nd with n (1 ca ndar days of the final construction contract being finalized, p vi a 10018 e arat ance and payment bond to the City of Fayetteville after b i ile a a h ington County Circuit Clerk's Office. e. Constructiof�d tVcts for t projec s I not be entered into without a 100% payment and performer% in the amount contract and any amendments thereto and shall provide fortVa nner in which the ns ction shall be managed and supervised. Bonds shall be valid a d ged between all pa The CMAR shall hold all trade contracts and purchase orders nd Kull bond and guarantee the project. ter 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. g. 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 City of Fayetteville, AR RFQ 22-13, CMAR for YRCC Expansion Page 22 of 25 • Ensuring all subcontractors on the project are properly licensed by the Arkansas Contractors Licensing Board • Compliance with Arkansas state law including but not limited to sections: o A.C.A. § 14-58-1001 o A.C.A. § 19-11-801 o A.C.A. § 17-25-101 o A.C.A. § 17-38-101 o A.C.A. § 17-33-101 o A.C.A. § 12-13-101 o A.C.A. § 12-80-101 o A.C.A. § 22-9-101 o A.C.A. § 22-9-103 o A.C.A. § 22-9-104 o A.C.A. § 22-9-213 o A.C.A. § 22-9-401 `O U ci o A.C.A. § 22-9-501 G o A.C.A. § 22-9- 01 o A.C.A. § 2- V► O o And a petitiv i'ng ute shall remain in full force and effect and ected o i pro'ecsn horize a design -build project contract or sub- contracts. h. Project an�h ge order pricing �A i. Sche e�ontrol GjN j. E f g �&t reduction and control Project coordination m. Project close out n. Warranty II. Submittal Requirements: The RFQ submittal shall 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. City of Fayetteville, AR RFQ 22-13, CMAR for YRCC Expansion Page 23 of 25 a. Title Page: Show the name of agency/firm, address, and telephone number, name of contact person, date, and subject: RFQ 22-13. 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 completed and makes a positive commitment to perform the work. Give the name of the person(s) who will be authorized to make representation for the Submitter, their titles, addres-and telephone numbers. Describe the perceived strengths to carry out the project. d. Project Team Organization: Provide an organizational chart indicatin relationship between the Submitter's staff members who have responsibilities related t roject. Indicate on the chart the names of key personnel and their titles. Submit profess qualifications and resumes of staff to be assigned to this project, showing where th performed work on similar projects including Construction Management GMP provts. i e. Specialized and Past Experience: Provide informa<ppertaining reing past experience in relation to the services requested in this RFQ including informa to customer satisfaction, timely completion, and meeting budgets on similar p�jxecuted under a GMP contracting format. Actual price and fees shall not be inclWche(3for brAtal. f. Schedule: Submitter shall provide a the com letion of the sco e of the p p p specified project. Additional Background: All Si itt�s are to incl maximum of two 2 pages of g � � () p g information not included abo h may eful d a�p icable to this project. III. Items to Include with Respo ?onses Iclu fo lowing in addition to other requirements specified in this RFQ: a. Prior experience co1lFucti i ' r r es. b. Statemen ®reg iAgunderst ndingo pr construction services and approach to billing for pre- constructices. In addition atement shall include a clear definition of understanding for OGuaranteed Maxi � GMP) means. c. R c r of management tea on similar projects with timely completion and high -quality eer anship. 3 cords of previous similar projects with owner verification and contact information. Please vide contact information including reference contacts of the owner and architect on at least rojects.. These projects should be within the past five (5) 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. City of Fayetteville, AR RFQ 22-13, CMAR for YRCC Expansion Page 24 of 25 Anticipated Proiect Timeline: Date Time Description 12/04/22, 12/05/22, and 12/06/22 N/A Advertisement for RFQ in local newspaper, 3 consecutive days (1 physical print, 2 digital print) Wednesday, December 14, 2022 2:00 PM Pre -Proposal Conference — open to all interested parties Thursday, December 29, 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 betty ested parties and the City shall be through the City of Fayetteville Purchasing Division. Interested p s re strictly forbidden to discuss this project with any City Staff member or Elected Official. G Ci G �+ t4o" P � o p. G � City of Fayetteville, AR RFQ 22-13, CMAR for YRCC Expansion Page 25 of 25 CITY OF -� FAYETTEVILLE ARKANSA RF 22-13 Addendum 1 Q �0 Nabholz Construction Corpora Supplier p p Response Event Information Number: RFQ 22-13 Addendum 1 ci Title: CMAR for YRCC Expansion Type: Request for Qualifications �. Issue Date: 12/4/2022 O • Deadline: 12/29/2022 02:00 P (Cff) Notes: (� The City of Fayetteville is accepting st� is of qualifications from constructio N1 nage t.fir rly licensed to provide, construc* nage ene ntractor (CM/GC) services as a constr tlo man nt at 'sk�CMAR) / guaranteed maximum (GMP) protect cons bn of an expansion to the Yvonne Richardson Co m unity C n This will be a LEED certified two (2) kv expansion of appl xl�ately 11,000 square feet. The expansion Abvill also include devKo ment of Buddy Hayes Park, Creekside Trail, and Handicap Parkit. All questions regarding this RFQ should be directed to Amanda Beilfuss at abeilfuss@fayetteville-ar.gov. Contact Information Contact: Amanda Beilfuss Address: Purchasing Room 306 City Hall 113 West Mountain Street - Room 306 Fayetteville, AR 72701 Email: abeilfuss@fayetteville-ar.gov Page 1 of 2 pages Vendor: Nabholz Construction Corporation RFQ 22-13 Addendum 1 Nabholz Construction Corporation Information Address: 3301 N 2nd St. Rogers, AR 72756 Phone: (479) 659-7800 By submitting your response, you certify that you are authorized to represent and bind your company. Aimee Wynn Signature Submitted at 1212912022 11:12:16 AM (CT) uested Attachments aimee.wynn@nabholz.com Email O RFQ 22-13, Response Submittal Nab z r YRCC Expansion RFQ 22-13.pdf Please upload your completed response, including all required forms. G C<) G � Page 2 of 2 pages Vendor: Nabholz Construction Corporation RFQ 22-13 Addendum 1 C1TN` OF RAYETTEYILL6 APlICANaAg City of Fayetteville, AR Purchasing Division, Room 306 113 W. Mountain Street Fayetteville, AR 72701 Phone: 479-575-8256 TDD (Telecommunication Device for the Deaf): 479.521.1316 RFQ 22-13: Construction Manager at Risk for YRCC Expansi HIV DEADLINE: Thursday,December 29 2022 prior to 2:00:00 P cal time � PRE -PROPOSAL CONFERENCE: Wednesday 12/14/22 at 2: M —via Zoom DELIVERY LOCATION: Electronic via the City's Onlin . g Portal PURCHASING CONTACT: Amanda Beilfuss, abeilfu etteville-ar. ov DATE OF ISSUE AND ADVERTISEMENT: 12/04/&,2705/22 & 12/06/22 Late qualifications :�e accepted.. RFQ's shall be submitted in accordance with the attache City ofQevill� tions and RFQ documents attached hereto. Each Proposer is required filOrn every#and sh ly all information requested; failure to do so may be used as basis of rej i ny stat 'S+ qual' tl n will be rejected that violates or conflicts with state, local, or federal laws, i nces, o s. The undersigned hereby offers to f i h e�iiver the is s or servic�sAecified, at the prices & terms stated herein, and in strict accordance with the specificati s a general n ti s of s itting, all of which are made a part of this offer. This offer is not subject to withdrawal unless upon muttloNn agreeinV the Proposer/Bidder and City Purchasing Manager. Name of Firm: OLZ COVjSTRUCTION Contact Person: KICK NAZ a nick. nabholz @ nabholz.com Business Address: 3301 N 2nd Street City: Rogers Title: VP BUSINESS DEVELOPMENT Phone: 479-426-6426 State: A R Signature: Date: City of Fayetteville, AR RFQ 22-13, CMAR for YRCC Expansion Page 1 of 25 Zip: 72757 12/29/22 City of Fayetteville RFQ 22-13, CMAR for YRCC Expansion SECTION B: Vendor References The following information is required from all firms so all statements of qualification may be reviewed and properly evaluated: COMPANY NAME: NABHOLZ CONSTRUCTION NUMBER OF YEARS IN BUSINESS: 73 HOW LONG IN PRESENT LOCATION: 32 TOTAL NUMBER OF CURRENT EMPLOYEES: GOO FULLTIME PARTTI • NUMBER OF EMPLOYEES PLANNED FOR THIS CONTRACT: FULLTIME PART TIME PLEASE LIST FOUR (4) REFERENCES IN WHICH CMAR HAS PREVIOUSLY PERFORMED CONTRA ACES FOR WITHIN THE PAST FIVE (5) YEARS FOR PROJECTS OF SIMILAR SCOPE AND SIZE (All fields must be completed): 1 CITY OF FAYETTEVILLE 2 UNIV Y OF ARKANSAS COMPANY NAME COMP NAM FAYETTEVILLE, AR TEVILLE, AR CITY, STATE, ZIP ATE, ZIP PAUL LIBERTINI A LAIR T CONTACT PERSON CONTA SON - 75- TELEPHONE HONE FAX NUMBER F R plibertini@fayetteville ar.gov 'Q d elc@uark.edu _RawE-MAILADDRESS ` AIL ADDRESS 3 CITY OF ROL? S 4. JB HUNT COMPANY NAME COMPANY NAME ROGER ,6k LOWELL, AR CITY, STAT CITY, STATE, ZIP LA BE LYNN BOYD C?IC-125 PERSON CONTACT PERSON 4-586-0889 479-659-6970 TELEPHONE TELEPHONE FAX NUMBER FAX NUMBER Ijobe@rogersar.gov lynn.boyd@jbhunt.com E-MAIL ADDRESS E-MAIL ADDRESS City of Fayetteville, AR RFQ 22-13, CMAR for YRCC Expansion Page 13 of 25 City of Fayetteville RFQ 22-13, CMAR for YRCC Expansion SECTION C: Signature Submittal 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 _Okwn relationship exists between any principal or employee of submitting firm or its team members or sub -consul aft% and any City of Fayetteville employee, or elected City of Fayetteville Official. * v If, to your knowledge, no relationship exists, this should also be stated in your respo ilure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of yponse. This form must be completed and returned in order for your bid/proposal to be eligible for consideraIL9 PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROP EI ' APPLIES TO YOUR FIRM: X 1) NO KNOWN RELATIONSHIP EXISTS G 2) RELATIONSHIP EXISTS (Please exp 4er1 I certify that; as an officer of this organizatio or per the attad letter i�k►o� rization, I am duly authorized to certify the information provi e ein is a and t a d my organization shall comply with all State and Federal Equal Opport d Non- inatio4olrements and conditions of employment. V- 2. PRIMARY CONTACT IN FORMA ON At the discretion of the Cit , one r mor ay be Ir or more detailed information before final ranking of the firms, whi ay�also inclu oral int vs. NOTE: Each Proposer shall submit to the City a primary contact nam - I address, and pho nser (preferably a cell phone number) where the City selection commi eyan call for clarification ew via telephone. "A'W, Corporat e Firm: NABH0CONSTRUCTION Pri ontact: NICK NABHOLZ Titl f Primary Contact: VP BUSINESS DEVELOPMENT Phone#1 (cell preferred): 479-426-6426 Phone#2: 479-659-7844 E-Mail Address: nick. nabholz @ nabholz.com City of Fayetteville, AR RFQ 22-13, CMAR for YRCC Expansion Page 14 of 25 3. ACKNOWLDGEMENT OF ADDENDA Please acknowledge receipt of addenda for this invitation to bid, request for proposa6)=/�uest 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. 5. DEBARMENT CERTIFICATION As an interested party on this project, you are required to pro e ebarment/suspension certification indicating compliance with the below Federal Executive Orde�e�tification can be done by completing and signing this form. Federal Executive Order (E.O.) 12549 "Debarment pension" requires t at all contractors receiving individual awards, using federal funds, and all s c ents that the .zation and its principals are not debarred, suspended, proposed for debarm t, decla d eligi luntarily excluded by any Federal department or agency from doing busiVss with*t ederal Gov nt. 61xv Signature certifies that neither yo 0 our prin ipre e barred, suspended, proposed for debarment, declared ineligible, or o ily excl��from pa tion in this transaction by any federal department or agency. V 6. Pursuant to Arkansas Code ated §2q1Q, t etractor agrees and certifies that they do not currently boycott Iose, d will not b rael6-403 ny time in which they are entering into, or while in contract, with aentity as de ned in . If at any time during contract the contractor decides to boycott he contractor musttl the contracted public entity in writing. I 7. SUB CONS N AND TEAM INFOR I Propose b certifies that proposals m the following consultants were used in the preparation of this state eualification. Proposer shall attach additional pages if necessary. This section only applies if C f, s proposing a sub consultant for estimating, scheduling, accounting/payroll and non -construction trade �lff . Type of Work: Subcontractor's Name: Arkansas License No: Address: City of Fayetteville, AR RFQ 22-13, CMAR for YRCC Expansion Page 15 of 25 ADDENDUM NO. SIGNATURE AND PRINTED NAME DATE ACKN DGED 1 i � NICK NABHOLZ � 1 i WE LIVE HERE, TOO. Nabholz thanks you for the opportunity to be your construction partner. The Nabholz Team has been integral to the Fayetteville community for more than 30 years. We are a 73-year-old, Arkansas -based construction company that is locally owned and operated. Nabholz currently has more than 320 trained craftspeople in Northwest Arkansas. These individuals are highly skilled, professional construction craftspeople including skilled laborers, form setters, concrete finishers, operators, foremen and superintendents. Nabholz has the depth and diversity of resources to meet all your needs. We will use these resources and our experience to perform effectively, efficiently, and safely. Our team has a history of delivering some of the region's most exceptional projects. O NORTH DAOA r m CONTENTS TITLE PAGE & REQUIRED COMPLETED FORMS TABLE OF CONTENTS LETTER OF INTEREST PROJECT TEAM ORGANIZATION SPECIALIZED & PAST EXPERIENCE SCHEDULE ADDITIONAL BACKGROUND BONDING CONTRACTOR'S LICENSE 1 5 6 7 12 26 27 32 33 The information specifically identified on pages 6-32 of this proposal constitutes trade secrets or confidential commercial or financial information which the offeror believes to be exempt from disclosure under the Freedom of Information Act. The offeror requests that this information not be disclosed to the public, except as may be required by law. The offeror also requests that this information not be used in whole or part by the government for any purpose other than to evaluate the proposal, except that if a contract is awarded to the offeror as a result of or in connection with the submission of the proposal, the Government shall have the right to use the information to the extent provided in the contract. December 29, 2022 RFQ 22-13 CMAR for YRCC Expansion Dear Amanda Beilfus and Selection Committee, First, thank you very much for the opportunity to be considered for expansion to the Yvonne Richardson Community Center. With dec� Nabholz understands the importance of delivering your project As you review our information, I hope you will see we are in people and in our approach. I sincerely believe that N attributes that allow us to provide the total package of si I would ask that you give particular consideration to the fd1 set us apart from other firms competing for these pwqects: • Local Market Presence - Over 3 c favorable standing with local trad contractors assures the City that and trades on time wins us favor Building Relationships -e M0 e n c integral aspect of any prweJctt e will A building can't be built t a happens without vision of an o Personal Servi n ommunication of communication Snd a deep personal each yeanr4roject management tea to ensue"100Wsatisfaction and will woo NARHOIZ 3301 North 2nd Street Rogers, AR 72757 479.659.7800 1 nabholz.com �0 roll Construction Manager for the experience working with municipalities, d on schedule. �.Jt bring to this project our very best, both pnstruction Services p4vsess a combination of ;s requi to successful) plete this project. wing ch ristic u1 am which we believe 5sjLprojects i �atound F e'%Ile means we have a pulse and ngoing worlLaiV expe i th trades, suppliers, and sub- vemen a prior N bholz' reputation for paying our bills arket pr' ich in tylrW s value and savings for the City. a wi Archite r spans over 12 years. We understand an i f all key{ pla s to work together as one, cohesive team. I e ign , 4 accurate without an engineer — and none of it V2'greatest success factors for this project are open lines gent to the City, YRCC, and thousands of patrons visiting vide the necessary attention to detail and personal service ly on your behalf to maximize every dollar spent. • n BcVk Policy & Deep Under3t�'ZlR1g of the Construction Management Process - Nabholz' philosophy f t I transparency with complete cumentation of wage rates, public funds, and bid results are accounted r all levels. You have the assurance that Nabholz will perform every task with complete integrity. We will proudly serve as your advocate in moving all projects from concept to completion. in, thank you for the opportunity to present our qualifications and information. We certainly look forward to ny further next steps that are chosen. Please do not hesitate to contact me if you need anything. Sincerely, L Nick Nabholz, VP Business Development 479.426.6426 nick.nabholz@nabholz.com YOUR CONSTRUCTION TEAM GMP TRACK RECORD Your proposed Nabholz Project Team has consistently exceeded the expectations of our clients. Collectively the team has years of construction expertise and extensive experience in the successful completion of GMP/GMAX projects. This team has the experience and the resources to begin working with the City of Fayetteville to provide you with fast and accurate budget and schedule information. Our track record of successfully completing projects on or ahead of schedule and on or under budget is key in meetin your budget and schedule expectations. O Because of our track record, our firm has received numerous Excellence in Construction Award0 from the Associated Building Contractors (ABC) Association, and thirteen state quality assr,V awards in Arkansas and Oklahoma..' 2Y.4 MICHAEL PARKER PRESIDENT W: 501.505.5177 C: 501.554.9232 ANN MILLER PROJECT MANAGER ROB DODD EVP OF OPERATIONS W: 479.659.7489 C: 479.586.7926 t--5. 111`7� HRIS N EVP OF 01 W: 479 C:I&N rq � YdLAY SPICER PERINTENDENT CRAFTSPEOPLE M N Ti CC TVVV !7855 ` .3240 JASON VINES VP OF PRECONSTRUCTION ESTIMATORS NABHOLZ FOR THE CITY OF FAYETTEVILLE 1 7 KYLE STOUT PROJECT EXECUTIVE I Kyle will be responsible for the overall coordination, management, and administrative functi r m project development to project completion and warranty. Kyle will work collaboratively with yo architects, and other Nabholz personnel to develop and execute a management plan that will re project completed on time, on budget, and with the utmost quali CERTIFICATIONS: PARTIAL PROJECT EXPERIENCE INCLUDES: E CATION/CERTIFICATIONS: / City of Fayetteville - Fayetteville, AR illanova University 2006 - Cultural Arts Corridor Parking Garage C)J Career development courses City of Bella Vista - Bella Vista, AR MCC Busi ess and Technology Center Public Safety Facility 1988-199siness and core courses CityCenter- Bentonville AR O Parking Garage 0 hr Preformed Line Products -Rogers, AR ` Molding & Warehouse Expansion ster Project Manager Wal-Mart/Sam's Club - Bentonville, AR Rapid City SD, Remodel of existin a facilit V CPR/First Aid Tupelo MS, Remodel of existing am' cility Kearney NE, Stockroom addition xisti r Davenport IA - Remodel fisting facility ` Mechanicsburg, PA -Nocxisting of existing fa ility O Wabash, IN - I odefacility Carlisle, PA - Re e''of existing facility Bloomingto emodel of existin ac Indepe ce ace -Prince George VA 5 Wes oz n MT MI se Development e redit Union - Oklahoma City, OK rporate Headquarters Blood Borne Pathogens JOINED NABHOLZ: 2020 YEARS IN THE INDUSTRY 25 NABHOLZ FOR THE CITY OF FAYETTEVILLE 1 8 AN N MILLER PROJECT MANAGER �O Ann will be responsible for the overall management, coordination, and administration of the kit, from development throughout completion. Ann will work collaboratively with the client' re entatives, architects, and other Nabholz personnel to develop and execute a management plan II result in a project completed on time, on budget, and with the utmost quality. PARTIAL PROJECT EXPERIENCE INCLUDES: E CATION/CERTIFICATIONS: City of Bella Vista - Bella Vista, AR EED° Accredited Professional with Public Safety Facility Cj Building Design + Construction Specialty City of Springdale - Springdale, AR Animal Shelter Certified onstruction Manager Crystal Bridges Museum - Bentonville, AR Crystal Bridges Skyspace - Bentonville, AR 30- O rr A Safety and Health Remodel � � Ce ion City of Siloam Springs - Siloam Springs, AR Siloam Springs Library onfined Space Safety Fayetteville Montessori School - Fayettev' Addition Elementary School Akins Natural Food - Rogers, AR G First Church of the Nazare Ro ers, AR Scottsdale Center Phase I - o ers, AR O JoAnn's Fabrics - Rogers Preformed Line Pr d Plant Expansion - Rog University of A a sa rt &Design District ion - Fayetttern A< Pineville ary FEMA Shelter - Pineville, O Elementary FEMA Shelter - Southwest City, MO VI.nN County High School - Anderson, MO erforming Arts Center High School Press Box FEMA Shelter Springdale High School Har-Ber Track Complex with Press Box - Springdale, AR Fayetteville High School Athletics Renovations with Press Box - Fayetteville, AR Bedding Mart - Rogers, AR Maurices Finish -Out - Rogers, AR University of Arkansas - Fayetteville, AR Northwest Quadrant Residential Hall JOINED NABHOLZ: .. YEARS IN THE INDUSTRY 31 NABHOLZ FOR THE CITY OF FAYETTEVILLE 1 9 CLAY SPICER SUPERINTENDENT O Clay will be responsible for managing the overall on site production including scheduling adinating craftsmen, subcontractors, construction equipment and material deliveries and storage. I also be responsible for implementing quality control, site safety and production risk manage rocedures, and assisting the project manager with schedule development and adherence. ftw PARTIAL PROJECT EXPERIENCE INCLUDES: CATION/CERTIFICATIONS: Fayetteville School District - Fayetteville, AR G SHA 10-Hour Construction Safety and Fayetteville FCA Projects G Health Certificate Adams Center Renovation University of Arkansas - Fayetteville, AR JOINED BHOLZ: Zeta House 2016 Adohi Hall O � JB Hunt Transport Replace manual flush valves to touchless Ro eswin - Bentonville, AR p 9 The Holler `�►� 5th Street Offices v G � � ti NABHOLZ FOR THE CITY OF FAYETTEVILLE 110 JASON VINES, LEED AP VICE PRESIDENT OF PRECONSTRUCTION �O Jason and his team of estimating professionals will work in close collaboration with the Ow e Architect Ow and the Project Manager to produce cost estimates throughout the preconstruction pha accurate information for timely decision making. Jason will also be responsible for coordinati 1fforts preconstruction services team. of our E UCATION CERTIFICATIONS: PARTIAL PROJECT EXPERIENCE INCLUDES: / City of Fayetteville - Fayetteville, AR achelor of Science Cultural Arts Corridor Parking Garage Business Management & Marketing C)J Arkansas Tech University City of Bentonville - Bentonville, AR Emergency Communications Center LEED® credited '- City of Rogers - Rogers, AR U.S uilding Council O � Railyard Park ` Rogers Historical Museum - Rogers, AR e 'fled Professional Estimator Collections Building Remodel Hailey Building Restoration Professional Associations: University of Arkansas - Fayetteville, ` V ASIDE, American Society of Professional Pomfret Hall Renovations Estimators Champions Hall ci Botany Green Houses A n� Adohi Hall O Fayetteville High Sc 001 NFetteville, AR Athletic Renova o s �%�►� Track & Fiel�� V Indoor ticeFacility Bento ilk Srol District -Bentonville, AR B ville/High School Addition Creek Elementary School eekside Middle School Northwest Arkansas Community College - Bentonville, AR Center For Health Professions National Child Protection Training Center Remodel Parking Garage Student Center Integrated Design Lab Brightwater & 8th Street Market Adaptive Associated Builders & Contractors Member DBIA, Design Build Institute of America Certification JOINED NABHOLZ: 2011 YEARS IN THE INDUSTRY 20 NABHOLZ FOR THE CITY OF FAYETTEVILLE Location: Fayetteville, Arkansas Contract Amount: $10 Million - Civic Space $10 Million - Parking Deck $10.8 Million - Fay Jones Park Owl Street Scapes Designer: Nelson Byrd Woltz Charlottesville, Virginia QITTEVILLE rridor a i%Cultur XVCorridor is a dynamic new 50-acre outdoor public space th�l help to revitalize Fayetteville's downtown area and crrea�'a stination for residents and visitors alike. Linking the City's k�a[ cgit ral institutions, the corridor will showcase and celebrate local ulture. It will also enhance civic space and serve as a catalyst for ditional development and density in the downtown area, increasing n bike trails and connections, and improving streets and walkability. ' I �t NABHOLZ FOR THE CITY OF FAYETTEVILLE 12 Location: Fayetteville, Arkansas Size: 145,585 sgft (total) 13,350 sgft (retail) Contract Amount: $15,168,808 Designer: MBL Architecture 011son Walker Consultants AYETTEVILLE PA DECK `Fr: �s ry parking garage �335 parking spaces 6 electric car charging stations - Level 2 2 elevators LPR and Multi Space color pay station management system Parking guidance Structural and infrastructure enhancements for future build out of additional levels of mixed use development Building management system NABHOLZ FOR THE CITY OF FAYETTEVILLE 1 13 Location: Lowell, Arkansas Contract Amount: Confidential Size: 0 140,000 s.f. c Designer: Miller Boskus Lack Fayetteville, Arkansas _ �NJ�2ANSP0RT, INC. Toq rm Tity was designed with space for more than 1,000 occupants, ployees in training, information technology, and technology Other features include: 100-person dining area Fitness center Training center 600 new parking spaces Landscaping Large outdoor seating area Walking and running trail that connects to the Northwest Arkansas Greenway NABHOLZ FOR THE CITY OF FAYETTEVILLE 6 Location: Lowell, Arkansas Contract Amount: Confidential Size: 7,125 s.f. Designer: Miller Boskus Lack Fayetteville, Arkansas f NExcellence in Construction Award O Presented by Associated Builders and (y Contractors of Arkansas u t'J.PA. �ANSPORT, INC. etin ilding a ur t is n le story office building with associated parking and utilities i Open offices aces p p Conference center • Reception • Storage area • Mechanical and core service areas • Production/media/sound booth • Variable refrigerant flow system throughout break area NABHOLZ FOR THE CITY OF FAYETTEVILLE 1 15 HIGHWAY/PARKING EXPANSION partial list HWY 112 RAZORBACK & MAPLE LOCATION: Fayetteville, AR CONTRACT AMOUNT: $3.4 Million DESCRIPTION: The project included the reconstruction of Hwy 112 and Maple Street through the middle of the University of Arkansas campus 14a left •� LEROY POND ROADWAY1 KING EXPANSION �w� LOCATION: Fayetteville, AR CONTRACT AMOUNT: $2.5 DESCRIPTION: Expansion y Pond Drive from Hwy 112 to Garland Ave cape, Parking Lot Reconfiguration and Tra ' ignal Addition. UNIVERSITY OF ARKANSAS ORS, AR DONALD W. REYNOLDS RAZORBACK ST I� AS OVE ROAD PHASE 2 ocati NORTH END ZONE o AR Location: Fayetteville, Arkansas Cont c nt: $9,000,000 Contract Amount: $7.3 Million Descri ti Street improvements including widening, • Project included all site work, site uti ies e nding, realignment and new vehicular bridge and box and design/build MSE Wall —SCIV installation between Southgate Road and Bellview Road • Mass rock excavation I>o DOWNTOWN ROGERS LOCATION: Rogers, AR CONTRACT AMOUNT: $15 Million DESCRIPTION: Four total projects in downtown Rogers, AR; including: 44,810 CY of earthwork, site demo, erosion control, 5,931 LF of water, 4,227 LF of sewer, 9,908 LF of storm, and paving. NABHOLZ FOR THE CITY OF FAYETTEVILLE CITY OF TULSA, OKLAHOMA CHERRY CREEK EQUALIZATION BASINS Location: Tulsa, Oklahoma Contract Amount: $1,500,000 • 153,000 SF for FEB concrete liner • Removed 30,000 CY of unsuitable material & import 30,000 CY of select fill • 36" DIP yard pipe system, Pratt knife & butterfly valves, limitorque valve operators, and valve vaults • Installed (13) 75 HP SS floating aerators • FRP baffle system for FEB to FEB transfer • Existing electrical & controls demolition • New plant MCC's, lightning protection, field Instruments - flow and level monitoring, radio telemetry system • Panel devices and enclosure construction • SCADA system complete with PLC system hardware & 1 16 software, Ethernet switch and fiber optic patch panel HARRISON AHTD CA0906 Location: Harrison, AR Contract Amount: $23,004,000 Description: 4.37 mile road widening Location: Alpena, AR v Contract Amount: $18,950,000 ` Description: 4.37 mile road wide K CRYSTAL BRIDGES MUSEUM OF AMERICAN ART Location: Bentonville, Arkansas Contract Amount: Confidential • Soil nailing and rock blasting • Excavation and storm sewer and water line • Backfill and pond liner system installation st I�n �` • Top soil and grading, asphalt and overla� NU BALDOR) WA TER RETENTION POND Locatio • Claremore, Oklahoma Contract Amount: $1,500,000 • Extensive earthwork project removing and creating ponds • 23K CY in cut, 53K CY in fill • Erosion control • Site grading • Pond lining system • Septic tank installation • Seeding v 4. Million SF Asphalt Storage lot with site ra n ce. NABHOLZ FOR THE CITY OF FAYETTEVILLE 117 Location: Fayetteville, Arkansas Contract Amount: $91.2 Million Size: 544,000 s.f. Designers: Marlon Blackwell Fayetteville, Arkansas Hight Jackson Rogers, Arkansas DLR Group Overland Park, Kans » E SCHOOL DISTRICT Modernization ,Wa modernization and addition to the existing High School. serves 3,000 students in grades 9-12. The features include: �9'40-seat performing arts center Competition gymnasium Modernization of the resource center Modernization of administrative offices Modernization of the student commons and food service areas New and/or renovated classroom spaces to include small learning communities Tennis complex renovations and athletics renovations with track NABHOLZ FOR THE CITY OF FAYETTEVILLE 1 18 Location: Rogers, Arkansas Contract Amount: $11.5 Million Size: 178.000 s.f. Designer: Ross Barney Architects Chicago, Illinois NExcellence in Construction Award O Presented by Associated Builders and N Contractors of Arkansas -4,r7w �§bE sPERS Vgrowing ently home to roughly 66,000 residents in Vpocket of Northwest Arkansas, was once a ` rous railway water stop and cider production hub. design of the newly opened Railyard Park references this history )ughout. Along with play structures largely designed by Ross ney Architects, the Play Yard, a children's recreational area, is ,ulated by old freight containers repurposed as public washrooms a retired gantry crane. io of modernized water towers evoke a past time but also wcase contemporary art: murals by the Mexico City -born, etteville-based Octavio Logo, French street artist Mantra, and don -based Lakwena wrap the exteriors of each reservoir. The terfield Stage —a spacious pavilion for gatherings and live events )ed after the 19th-century stagecoach line that once rolled )ugh town —incorporates an old trackside industrial building. NABHOLZ FOR THE CITY OF FAYETTEVILLE Location:�"� Fayetteville, Arkansas Contract Amount: $3.2 Million rii Size: 14,500 s.f. Designer: Marlon Blackwell Fayetteville, Arkansas ZAM; 0 M Excellence in Construction Award OPresented by Associated Builders and N Contractors of Arkansas YAE � TE 1 ELEMENTARY ,cars & Renovations ;%efframed, two-story addition to a private elementary school I'D' Silver Certified by the U.S. Green Building Council. The res include: Classrooms Offices Kitchen A green roof on the single -story A rain garden designed to alleviate flooding Y 2014 Gulf State Honor Citation Award T 2013 Design Honor Award Presented by Arkansas Chapter of the American Institute of Architects NABHOLZ FOR THE CITY OF FAYETTEVILLE 1 20 xs. Location: Springdale, Arkansas Contract Amount: $4.7 Million Size: 15,620 s.f. Designer: SCM Architects Little Rock, Arkansas PTION CENTER OF SPRINGDALE Cl ral�s4er INGDALE 'Sa u r: 'Ws n after encompasses: »� waiting areas, admission lobby, and adoption lobby with service counter Cat & dog quarantine and medical rooms » Catio and cat community room » Get acquainted and adoption interview rooms » Animal kitchen and grooming area » Two kennel wings with indoor/outdoor runs for 62 dogs » Offices, meeting room, break room, lockers with shower, and restrooms » Food/litter, cage, office, and general storage » Sally port, animal receiving, euthanasia, and crematory areas NABHOLZ FOR THE CITY OF FAYETTEVILLE 1 21 Location: - f Bentonville, Arkansas Contract Amount: - _ _ �- - tI Confidential Designer: Modus Studio Fayetteville, Arkansas HOSPITALITY GROUP nant Infill -Work 1W'd slab demolition and excavation to accommodate a recessed) shuffleboard court with extensive millwork nquette seating fabricated from a Nicaraguan group. The ect also included extensive decorative metals at an island offee bar and a 40' beverage bar along the North wall. Nabholz was proud to engage our concrete and industrial service groups for the performance of concrete and decorative metals scopes of work. There are also a number of unique ceiling features including a `rope ceiling' fabricated of steel channels with various interweaving climbing ropes and a wood slat ceiling located over banquette seating. A very elaborate Crestron Lighting Controls system was installed providing atmospheric flexibility for a multitude of events. All in all, there were a total of 12 wood finishes, 11 different metals, 17 hardware elements (for the various rope features), and 11 other special finishes throughout this unique space. NABHOLZ FOR THE CITY OF FAYETTEVILLE 22 NExcellence in Construction Award O Presented by Associated Builders and N Contractors of Arkansas I �pp 66 .......... Mil\y':n Location: Bentonville, Arkansas Contract Amount: Confidential Size: 75,547 s.f. / Designer: If Modus Studio Fayetteville, Arkansas P O W HOSPITALITY GROUP reet ices Addition & Renovations t re =� s fa . . 1�fd its grounds contain substantial flexible space, all Street Market to serve as a host site for various office ^ f e and community events. 1 � Demolition • Site work • Landscaping • Efficiency upgrades • HVAC/electrical/plumbing/fire suppression upgrades • Tenant finish -outs NABHOLZ FOR THE CITY OF FAYETTEVILLE 1 23 RECORDS OF MANAGEMENT Our team has the experience and the resources to begin working immediately with the City of Fayetteville to provide you with accurate budget and schedule information. Our track record of successfully completing projects on or ahead of schedule and on or under budget is a key element in meeting the City of Fayetteville expectations, as evidenced in the table below. ABCBS Northwest Arkansas Office Building Ronald McDonald House Charities Children's Center for Health & Wellness UA - Pomfret B Wing UA - Don Tyson Center Annex UA - Wolfspeed ARTP Labs UA - Adohi Hall UCA - Buffalo Hall Alumni Center Addition & Renovation NWACC - Integrated Design Lab City of Bentonville - Emergency Communications Center UCA - Conway & Hughes Hall Renovations JB Hunt Transport - Trainin1% T nology Hendrix - Miller Crea v Qa d Blue Crane/F3�eswi -The Holler Arkans i 's Hospital Northwest JBIl�I!! ield Hall Renovations JBU -``Art & Engineering Barn City of Ozark - Community Center Addition UA - Don Tyson Agri Science Building JBU - Health Sciences Center 2021 Yes 2021 Yes 2021 Yes 2020 Yes 2020 2020 es 2019 s 99 Ye`�X V 201 Yes E2019� Yes V1% Yes �018 Yes 2018 Yes 2018 Yes 2018 Yes 2017 Yes 2017 Yes 2017 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes NABHOLZ FOR THE CITY OF FAYETTEVILLE 1 24 REFERENCES N0); gers `Railyard Park PETER NIERENG/ Rev%nmental Di V GE BARRY MOEHRING Benton County Judge 479.271.1000 Community Development (479) 621-1186 NABHOLZ FOR THE CITY OF FAYETTEVILLE 1 25 N N N O y. N � m W ° J N' J o N m a W s LL a a g O W uaa _e m a m a a _ m m _8 O ° �� �_ C: _ c a 8. 2 — ppE -• N N N N C' N N N N N M Sry N M c6 N N N N N N N N th V V O� ch N N N- N O N Z E E � m 4 0 O � m v u E E v� N E£ oE m'2 �a �. m c4 x c c4 a s c Cg a s �' $$ € �d'� �88888888888�am(2D��83a 0 3 - N F K Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q ADDITIONAL BACKGROUND n initial concept to long-term maintenance and everything in between, ,holz provides comprehensive solutions for the complete life cycle of r building. :CONSTRUCTION SERVICES Our ability to successfully manage your project be inf. with superior preconstruction services. From the momel you srlect Nabholz, we initiate open communication to clarify goals\,%ectations, and desired outcomes through: » Collaboration with clients, archite s, d subcontractors » Preconstruction scheduling » Value analysis » Systems analysis » Virtual Design and� ction (VDC) » Constructabili evie » Bid packa e pment » Site-spgc p�ing » Eq i cheduling and utiliz ion » ra ran tier purch JSTiftUCT10111&inow CES `�► constru� fi . We've collaborated, strategized, and prepare 0 it's till u superintendents, project managers, and cr�en to do t hey love - make your project come to life. WeZhe a serfs d project management systems to precisely e d a ns developed during preconstruction. These cl e: » '*CritMath method (CPM) scheduling C �f and cost forecasting »&rc coordination nge order management Comprehensive Quality Management System (QMS) b> Extensive closeout process JSTRUCTION MANAGEMENT SERVICES Nabholz has extensive experience in providing management for a variety of projects of all sizes. Our services start during preconstruction with our team delivering detailed analysis, planning, scheduling, and communication. These concepts continue through to the construction phase, where regular meetings with subcontractors, suppliers, owners, and architects are integral, as are weekly safety meetings. Our team carries the same level of attention to detail into the Warranty Phase, with detailed closeout processes, a 24/7/365 warranty service, and both a six-month and 11-month walk-through. And regardless of the contract type, Nabholz is prepared to work under the arrangement that provides clients with the most value. NABHOLZ FOR THE CITY OF FAYETTEVILLE 1 27 CIVIL SERVICES Our Civil Services team — which has received accolades from the Arkansas Department of Transport —performs excavation, site prep, utility, and heavy highway/roadway work. Additionally, they handle work involving: » Demolition » Erosion control » Grading » Site concrete » Paving » Utility & drainage installation » Water utilities » Sanitary sewer utilities » Storm drainage INDUSTRIAL SERVICES Whether we're moving one machine across an aisle or an entire plant across the country, we believe our comprehensive approach distinguishes us as a partner for crucial projects. Before we touch a single bolt, we listen to truly understand your priorities and expectations. We've worked hard to become our clients' sing s r provider for turn -key machinery installation and relocation s, and it shows in our high rate of repeat business. We provide clients with: • Rigging services • Millwright services • Turn -key installation • Transportation • Maintenance assistance P D� V G • Fabrication • Piping OD FACILITIES MAINTENANCE O Nabholz is not your i A general contractor. We ` e a broad range of services o lete any size or typ of ng program, thus eliminating o r n d to call multiple cone s. From minor building improvem s to complete interio terior renovations, Nabholz c care of all your constructio eeds. We provide service u day, 365 days a year, across a broad region with unmat onse time for: » in nance programs » de compliance improvements » Tenant finish -out and expansions » Interior and exterior renovations » Fire/flood damage repairs » HVAC/electrical system evaluations » Parking lot repairs NABHOLZ FOR THE CITY OF FAYETTEVILLE 128 PRECONSTRUCTION At Nabholz we understand the best opportunity to get the most bang for your buck is in the earliest stages of a project. Every design decision has an impact on cost, possible obstacles found during construction, safety, and schedule — therefore we go above and beyond in the preconstruction phase. What sets us apart from other contractors? Our preconstruction team is comprised of the best professionals in the industry. Further, Nabholz offers a superior depth of experience informed by our broad self -perform capabilities and supported by the latest estimating and construction technology. Holding vital certifications, and engaging in ongoing education, the preconstruction team is your strategic partner during this critical phase. O In short, the earlier you hire us, the more control you have managing the overall cost of your building, and on ensuring your construction dollars are directed toward your priorities. COLLABORATION It is vital that the entire project team hears and understands the owner's goals, and that all stakeholders are working together to fulfill those goals. Our collaborative preconstruction approach begins with an owner's expectations meeting, attended by all key team members. This ongoing process includes periodic team meetings where we clearly define expectations, assign individual roles, develop lines of communication, identify project goals, and respond to challenges as they are discovered. PRECONSTRUCTION SCHEDULING Looking first at the owner's required completion date, we will work with the team to develop a milestone schedule covey i both design and construction phases. This schedu ill Mclude milestone dates for each phase of the design pr luding design documents completed, budget revie va e7.analysis, constructability reviews, approvals, and pr cwell,�s the construction phases necessary to nee e roject de Items that require immediate design a 11br builds YJ materials that have lengthy deliver rio* re ident' e nd given priority, thus preventing any kgalve impac r project timeline.,This schedule serves9Wa bas he `� �, mitigation of risk and mutu co�tability of hold 0 ESTIMATING AND COST J\L An accurate bud s rves as the baseline for all recision making. Experience, expertise, and technological r s rc allow the Nabholz tea 16vide a reliable Target Value Design (TVD) budget from the er s stated constructs et. The owner remains in control of the process, adjusting d o value decisions. A consen s is reached by the team, with the benefit being that challe ar ercome early, and future scope changes are minor. Duri MRe onceptual Design phase where project information is scant, estimates are based on I I�of historical data from similar projects. As more detail is added in the Schematic and De gn-Development phases, the estimates are supported by actual quantity surveys, unit prices, suNontractor and supplier input, as well as continued benchmarking against earlier projects. VALUE ANALYSIS The value analysis process applies analytical, creative, and evaluative techniques to help the team understand the function of the building and the needs of the owner. This generates ideas that improve the quality and/or value with a positive impact on the budget. NABHOLZ FOR THE CITY OF FAYETTEVILLE 1 29 SYSTEMS ANALYSIS With the increased sophistication of mechanical, electrical, and technological systems, it is vital to review mechanical and control designs during the preconstruction phase. We look at initial costs, long-term operation costs, maintenance costs, and performance criteria, as well as evaluate various system alternatives. CONSTRUCTABILITY REVIEWS PRECONSTRUCTION SUMMARY The preconstruction phase is critical, as decisions made in this stage have the atest impact on the cons a lity, costs, and perforn,%n e e final building. To maxim ty during this phase, yo�st the Nabholz project Nabholz will conduct a thorough review of the construction process in partnership to work diligently to: with the design team with a special emphasis placed on the building envelope. This (1^7romote collaboration and review allows us to identify potential defects before a project begins, and to ensure V establish well defined roles. the quality, comfort, and safety of the building. The thorough review of items such asi roof systems, waterproofing systems, and others saves money and provides the,�tI' " with a better end product. SITE LOGISTICS On any Nabholz project, safety is our top priority. Once the project&OPprecautions fined, the entire team will determine any atypical conditions or additi needed to create a site -specific safety plan. BID PACKAGE DEVELOPMENTOnce construction documents have been finalize abhblz will eN rough packages that clearly delineate the responsibilit of trade. to ens that these packages play to the strengths of e I contracto s t ey i e encouraged to provide their best pricing a d their t� . On t� o end, this process sets the parameters fora c ssful co ebiddinpwhere there is little to no overlap bet% s; on t endi e that all the components of the project a�c� ed for ile liminatinm' �i�7'-aying for components that could be double4p o)herwise. SUBCONTRACTOR AND SUP L CHASINGPDue to Nabholz' large vo o workandsolidreputat�i^tlRroughout the region, we have an extensi efj►vor of subcontractors a u ` ers which we can utilize. In addition to folio in e local procurement co regulations, Nabholz has established a b g ocess that is transpar aighly ethical to promote true competitiveness a g subcontractors.Nabholz' pp ach upon collecting proposals focused on cost, as well as perfo a e previous projects, safety records, current workloads, and other key poi interest that are relevant to the success of the project. VIRTU DESIGN AND PRECONSTRUCTION Understand the owner's goals for the project and ensure these goals are clearly communicated to all stakeholders. Establish a project schedule that identifies important milestones. D Establish an accurate and detailed budget as a baseline. sure all costs are identified, and financial consequences of ` design changes are understood, communicated, and effectively managed. • Provide updated milestone budgets as the design progresses. • Provide the team with ongoing cost control options. • Engage subcontractor input during the design phase, utilizing their expertise. • Provide a detailed site logistics plan that accounts for safety, accessibility, and efficiency. • Maximize the use of VDC for project visualization, quantity verification, clash detection, and constructability review. • Provide a timely constructability review to prevent potential construction defects. Nabholz utilizes the latest in virtual design and construction (VDC) technology to D Create defined bid packages increase the efficiency and effectiveness of our project analysis. Our model -based that prevent duplications and estimating capabilities allow for a full understanding of a building and its components omissions, reduce risks, and even at the early stages of design, resulting in a more accurate cost baseline. attract quality subcontractor and suppliers. NABHOLZ FOR THE CITY OF FAYETTEVILLE CURRENT & PROJECTED WORKLOAD Northwest Arkansas Operations of Nabholz (Projects Over $500,000) PROJECT Fayetteville Cultural Arts Corridor Phase One 12/02/2023 $11,230,906 PLP Molding & Warehouse Expansion 02/01/2023 $15,656,818 FSPS PEAK Community Room 02/09/2023 $1,024,398 Confidential Building 05/30/2023 Confidenti Penske Rental & Leasing Facility 09/14/2023 Cc Eastside Elementary Remodel 09/01/2023 11 43,229 FHS Academic Athletics 10/21/2023 AV* C1 $25,173,174 Harrison Schools Improvements 10/ $5,961,333 Fayetteville Parking Deck /3 023 $14,4 9, Lewis Automotive 11/30* 23 _<4> tial onfidential Motto Hotel he above list is the current workload for the Northwest Arkansas Operations of Nabholz, based in Rogers, Arkansas, and the responsible office for this project. In addition, there is no projected work acquisition that would impact this projector interfere with our proposed personnels ability to staff this project. We can begin work immediately. 4 NABHOLZ FOR THE CITY OF FAYETTEVILLE 131 Stephens Sherri Escovedo Stephens Insurance, LLC Bond Department Manager September 12, 2022 To Whom It May Concern; RE: Nabholz Construction Corporation •GO It is the privilege of The Hartford to provide surety bonds for Nabholz Const Corporation on single projects in the $500,000,000 range and an aggregate program of $2,000,0 , It is our opinion that Nabholz Construction Corporation has de�Jed the necessary management abilities and organizational skills to meet and exceed the needs the cents. Please understand that issuance of performance and payme b s will be subject to a satisfactory review and approval of contract documents, bond forms, proje ing arrangements, and usual underwriting information. -\11S If you have an questions or need an additional 1 formation 1� do hate to contact me at Y Y q Y � p ��� 501-377-8220. + Sincerely, � n� `�i �� � ti Sherri Escovedo Attorney -in -Fact The Hartford Bond De p er Tanager Stephen ns nce, LLC Current Rates as of 6-1-16(unchanged): First CONTRACT PRICE $7,500,000 RATE PER $1,000 5.00 (or.005916) as of Feb 2019 -SCook Over $7,500,000 4.45 (or.00445%) as of Feb 2019 -SCook DESIGN/ BUILD CONTRACTS, APPLY 150% TO ABOVE RATES. Contact RSA for any of the following situations for additional rating factors: • If a maintenance period in excess of one year is required. • When completion time of a project is over 24 months or 731 calendar days. P.O. Box 3507 1 1 1 Center Street Suite 1400 501-377-8220 t sherri.escovedo@stephens.com N A bft?A-RS-aR XR E79HY OFAWIRMY1ME72201 501-537-6031 f 1 32 License No. 0000020323 State of Arkansas Commercial Contractors Licensing Board ID #16 NABHOLZ CONSTRUCTION CORPORATION & DIVISIONS PO BOX 2090 ♦ O CONWAY, AR 72033 �` NABHOLZ CONSTRUCTION CORPORATIO SIONS This is to Certify That is duly licensed under the provisions of Ark. Code 5-101 et. seq. as amended and is entitled to practice Contracting in the of Arkansas within the following classifications/specialties: G BUILDING Cj - (COMMERCIAL & RESIDENTIAL) ELECTRICAL HIGHWAY, RAILROAD, AIRPORT `/]► CONSTRUCTION O MUNICIPAL & UTILITY CONSTRUCTIO ♦ `_ SPECIALTY Boiler Construction & Repair Plumbing ` � V G � P � � o his has an unlimited bid limit. TU January 14, 2022 until March 31, 2023 when this Certificate expires. Witness our hands ofthe Board, dated at North Little Rock, Arkansas: CHAIRMAN SECRETARY January 14, 2022 - dsa NABHOLZ FOR THE CITY OF FAYETTEVILLE 1 33 City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division Adjustment Number FACILITIES MANAGEMENT (140) /Org2 2023 Requestor: Wade Abernathy BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Approval of an agreement for Construction Manager at Risk Services per RFQ 22-13 with Nabholz Construction in an amount not to exceed $15,000.00 for pre -construction services for the YRCC Expansion Project, and for construction services with a guaranteed maximum price to be determined with future change orders, and approval of a budget adjustment. COUNCIL DATE: 3/7/2023 ITEM ID#: 2023-431 Noll y Black 217412023 9:25 ANI Budget Division Date TYPE: D - (City Council) JOURNAL #: GLDATE: RESOLUTION/ORDINANCE CHKD/POSTED: TOTAL - - v.2023117 increase/ (Decrease) Project.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 4705.860.7999-5899.00 (15,000) - 46050 7999 EX Unallocated - Budget 4705.860.7540-5804.00 15,000 - 46050 7540 EX Building Costs 1 of 1 • • Fondren, Chanci From: Shelton, Jackson Sent: Tuesday, January 30, 2024 4:15 PM To: Fondren, Chanci Subject: FW:YRCC Precon Resolution 57-23 Chanci, Please see the attached email regarding Resolution 57-23 and let me know if you have any questions. Thank you Jackson Shelton Senior Deputy City Clerk Treasurer City of Fayetteville,Arkansas jshelton@fayetteville-ar.gov T 479.575.8310 CITY OF tilp � FAYETTEVILLE ARKANSAS From:Abernathy,Waylon<wabernathy@fayetteville-ar.gov> Sent:Tuesday,January 30, 2024 3:56 PM To: Shelton,Jackson<jshelton@fayetteville-ar.gov> Cc: McGaugh, Les<Imcgaugh@fayetteville-ar.gov> Subject: FW:YRCC Precon Resolution 57-23 Jackson, Can you add this e-mail to the packet for Resolution 57-23 as a matter of record. From: Kyle Stout<kyle.stout@nabholz.com> Sent:Tuesday,January 30, 2024 2:37 PM To:Abernathy,Waylon<wabernathy@fayetteville-ar.gov> Subject:YRCC Precon CAUTION:This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Wade, Nabholz was hired to provide preconstruction service on the YRCC project.That scope of work has been completed and the City and Nabholz are in agreement that the best approach for this project is to hard bid method instead of CMAR. Nabholz appreciates the opportunity to be involved in this project and are waiving all fees associated with the preconstruction efforts. Thanks, Kyle Stout 1 S i 7SINCE KYLE STOUT 1949 PROJECT EXECUTIVE (479)659-7877 M (479)531-9685 kyle.stoutt�nabholz.com �MiF6. LOOKING NA 1/ ou FORWARD The information contained in this communication is confidential, is intended only for the use of the recipient named above,and may be legally privileged or contain trade secret or proprietary information prohibited from disclosure to third parties without Nabholz' prior written authorization.Competitive,trade secret and proprietary information is also excepted from disclosure under applicable Freedom of Information Act(s)for publicly funded projects. If the reader of this message is not the intended recipient,you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please reply to the sender and delete the original message or any copy of it. 2