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HomeMy WebLinkAbout58-23 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 58-23 File Number: 2023-429 RFQ 22-12, FLINTCO LUC A RESOLUTION TO AUTHORIZE A CONSTRUCTION MANAGER AT RISK SERVICES CONTRACT WITH FLINTCO, LLC, PURSUANT TO RFQ 22-12, FOR THE FIRE STATION 2 PROJECT, TO PROVIDE PRE - CONSTRUCTION SERVICES NOT TO EXCEED THE AMOUNT OF $30,000.00, AND CONSTRUCTION SERVICES WITH A GUARANTEED MAXIMUM PRICE TO BE DETERMINED BY FUTURE CHANGE ORDERS, AND TO APPROVE A BUDGET ADJUSTMENT — 2022 FIREFIGHTING FACILITIES IMPROVEMENT BOND PROJECT WHEREAS, in November of 2019, the City Council authorized a contract with Miller Boskus Lack Architects for the Design and Construction Administration for Fire Stations 8 & 9, with a provision to add another Fire Station; and WHEREAS, in October of 2022, the City Council authorized an amendment to the contract with Miller Boskus Lack Architects to include Fire Station 2; and WHEREAS, in January of 2023, the Washington County conveyed land to the City for the Fire Station 2 site and staff is 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 Flintco, LEE, pursuant to RFQ 22-12, for the Fire Station 2 Project, to provide pre -construction services not to exceed the amount of $30,000,00, 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 adjustrpent, a copy of which is attached to this Resolution. PASSED and APPROVED on March 7, 2023 Page 3 Resolubm M-23 File Number 2029 29 Approved: Page 2 Attest: 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 Fire Station 2 RECOMMENDATION: 2023-429 Approval of an agreement for Construction Manager at Risk Services per RFQ 22-12 for Fire Station 2, with Flintco, LLC, for pre -construction services not to exceed $30, 000, and Construction Services with a Guaranteed Maximum Price to be determined with future change orders, and approve a budget adjustment. BACKGROUND: In November of 2019, council approved a resolution for a contract with Miller Boskus Lack Architects for the Design and Construction Administration for 3 Fire Stations. The fees for that contract were based on Fire Stations 8 & 9, with a provision to another Fire Station. In October of 2022, council approved a resolution to amend the contract to include Fire Station 2. In January of 2023, the deed was recorded for the property that Washington County conveyed to the City for the Fire Station 2 site. DISCUSSION: The City of Fayetteville Purchasing Division managed the RFQ process. The request for qualifications was advertised and 3 firms were selected for interview. Flintco was chosen by the selection committee to negotiate a CMAR contract for the Fire Station 2. Their experience on Fire Stations, and our Stations 8 & 9 was a key factor in their selection. The have demonstrated competitive pricing and quality workmanship on both of those projects. BUDGET/STAFF IMPACT: Funds from the Fire Projects 2022 Bonds will be used for this item. ATTACHMENTS: Flintoc Fire Station 2 CMAR Contract, RFQ 22-12, Appendix C - City's RFQ Form, RFQ 22- 12, Appendix D - Flintco Submittal, 2023-429 BA Flintco CMAR Fire Stn 2 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 #: 2023-429 Construction Manager at Risk Services for the Fire Station 2 A RESOLUTION TO AUTHORIZE A CONSTRUCTION MANAGER AT RISK SERVICES CONTRACT WITH FLINTCO, LLC, PURSUANT TO RFQ 22-12, FOR THE FIRE STATION 2 PROJECT, TO PROVIDE PRE -CONSTRUCTION SERVICES NOT TO EXCEED THE AMOUNT OF $30,000.00, AND CONSTRUCTION SERVICES WITH A GUARANTEED MAXIMUM PRICE TO BE DETERMINED BY FUTURE CHANGE ORDERS, AND TO APPROVE A BUDGET ADJUSTMENT — 2022 FIREFIGHTING FACILITIES IMPROVEMENT BOND PROJECT WHEREAS, in November of 2019, the City Council authorized a contract with Miller Boskus Lack Architects for the Design and Construction Administration for Fire Stations 8 & 9, with a provision to add another Fire Station; and WHEREAS, in October of 2022, the City Council authorized an amendment to the contract with Miller Boskus Lack Architects to include Fire Station 2; and WHEREAS, in January of 2023, the Washington County conveyed land to the City for the Fire Station 2 site and staff is 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 Flintco, LLC, pursuant to RFQ 22-12, for the Fire Station 2 Project, to provide pre -construction services not to exceed the amount of $30,000.00, 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 2023-429 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: 2/15/2023 Approval of an agreement for Construction Manager at Risk Services per RFQ 22-12 with Flintco, LLC for pre - construction services for the relocation of Fire Station 2 in an amount not to exceed $30,000.00, and for construction services with a guaranteed maximum price to be determined with future change orders, and approval of a budget adjustment. Budget Impact: 4710.860.7110-5804.00 Fire Projects 2022 Bonds Account Number Fund 46100.7110.8040 Fire Projects (Bonds) - Fire Stn #2 Relocation Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? Yes Purchase Order Number: Change Order Number: Original Contract Number: Comments: Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 6,714,277.00 $ 284,081.93 $ 6,430,195.07 $ 30,000.00 $ 6,400,195.07 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 Fire Station 2 RECOMMENDATION: Approval of an agreement for Construction Manager at Risk Services per RFQ 22-12 for Fires Station 2, with Flintco, LLC, for pre -construction services not to exceed $30,000, and Construction Services with a Guaranteed Maximum Price to be determined with future change orders. BACKGROUND: In November of 2019, council approved a resolution for a contract with Miller Boskus Lack Architects for the Design and Construction Administration for 3 Fire Stations. The fees for that contract were based on Fire Station 8 & 9, with a provision to another Fire Station. In October of 2022, council approved a resolution to amend the contract to included Fire Station 2. In January of 2023, the deed was recorded for the property that Washington County conveyed to the City for the Fire Station 2 site. DISCUSSION: The City of Fayetteville Purchasing Division managed the RFQ process. The request for qualifications was advertised and 3 firms were selected for interview. Flintco was chosen by the selection committee to negotiate a CMAR contract for the Fire Station 2. Their experience on Fire Stations, and our Stations 8 & 9 was a key factor in their selection. The have demonstrated competitive pricing and quality workmanship on both of those projects. BUDGET/STAFF IMPACT: Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 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 Aft CITY OF FAYETTEVILLE ARKANSAS CONTRACT FOR PROFESSIONAL SERVICES CONSTRUCTION MANAGER AT RISK RFQ 22-12, CMAR — New Fire Station between City of Fayetteville, Arkansas and Flintco, LLC THIS AGREEMENT Is made this T7 day of M04 de% . 2023, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE or CITY) and Flintco, LLC (construction manager at risk, hereinafter called CMAR, Construction Manager, or Flintco 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. Flintco's Tax identification number (TIN) ending in 1079 ii. Flintco's Arkansas Contractor License No. 1976870622 m. Flintco s Secretary of State Filing No. 800189970 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 parry 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 a. Appendix B: CMAR Fee Schedule RFQ 22-12, Construction Manager at Risk for New Fire Station Page 1 of 25 Last Revised 02.13.23 iii. Appendix C: RFQ 22-12, Construction Manager at Risk for New Fire Station iv. Appendix D: Flintco's Response to RFQ 22-12 v. Appendix E: Flintco'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 22-12 (d) City's published RFQ 22-12 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. Flintco, LLC: Attention: Brent Farmer, 184 Fantinel Dr., Springdale, AR 72762 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 22-12, Construction Manager at Risk for New Fire Station 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 22-12, Construction Manager at Risk for New Fire Station 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 22-12, Construction Manager at Risk for New Fire Station 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 22-12, Construction Manager at Risk for New Fire Station 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 22-12, Construction Manager at Risk for New Fire Station 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 22-12, Construction Manager at Risk for New Fire Station 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 22-12, Construction Manager at Risk for New Fire Station 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 $30,000.00 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 (GM 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 22-12, Construction Manager at Risk for New Fire Station 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 22-12, Construction Manager at Risk for New Fire Station 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 22-12, Construction Manager at Risk for New Fire Station 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. i. Unless otherwise agreed, the Schedule of the Work shall be formatted in a detailed precedence - style critical path method that (a) provides a graphic representation of all activities and events, including float values that will affect the critical path of the Work, and (b) identifies dates that are critical to ensure timely and orderly completion of the Work. ii. Construction Manager shall update the Schedule of the Work on a bi-monthly basis or as mutually agreed by all Parties. RFQ 22-12, Construction Manager at Risk for New Fire Station 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. e. NOTICE OF DELAY CLAIMS: If Construction Manager requests an equitable extension of the Contract Time or an equitable adjustment in the GMP as a result of a delay described, Construction Manager shall give City written notice of the claim. If Construction Manager causes delay in the completion of the Work, City shall be entitled to recover its additional costs. MONITORING PROGRESS AND COSTS: Following acceptance by City of the GMP, Construction Manager shall establish a process for monitoring actual costs against the GMP and actual progress against the Schedule of Work. Construction Manager shall provide written reports to City at intervals as agreed to by all Parties on the status of the Work, showing variances between actual costs and the GMP and actual progress as compared to the Schedule of Work, including estimates of future costs and recovery programs if actual progress indicates that the Dates of Substantial Completion or Final Completion may not be met. 13. Determination of Contract Time: a. General. The time allowed for the completion of the Work included in the Contract will be stated in the Proposal and Contract and will be known as the "Contract Time". The contract time will be specified as a fixed completion date or as calendar days. ii. The CMAR shall take into consideration all normal conditions considered unfavorable to the normal progress of the Work and place a sufficient work force and equipment on the project to ensure completion of the Work within the contract time. iii. The Engineer/City Engineer will determine the date upon which the Contract is substantially complete and time assessment will cease. In the event cleanup is necessary or items found at the final inspection are to be corrected, the CMAR shall complete this work in a timely manner, or the Engineer/City Engineer will resume time charges. b. Fixed Completion Date. When the contract time is specified as a fixed date, it will be the date on which all work on the project shall be substantially complete. c. Calendar Day. Calendar day contract time includes delays for normal weather -related events, such as rain, snow, and freezing temperatures that may affect the progress of the construction. Allowable weather days will be agreed to by each party each month. RFQ 22-12, Construction Manager at Risk for New Fire Station 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 22-12, Construction Manager at Risk for New Fire Station 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 22-12, Construction Manager at Risk for New Fire Station 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 low, it is understood that no liens con be filed against public property if valid and enforceable payment and performance bond is in place. Regarding this Project and Agreement, the valid and enforceable bonds are with ( _ name of surety ).' ii. CMAR shall direct its subcontractors to obtain a written receipt evidencing acknowledgment of this statement from sub -subcontractors. 16. Liquidated Damages: a. SUBSTANTIAL COMPLETION: Liquidated damages based on the Substantial Completion date, to be determined in a GMP Change Order, shall apply. i. City will suffer damages which are difficult to determine and accurately specify if the Substantial Completion date, which may be amended by Change Order, is not attained. Construction Manager shall pay City seven hundred fifty US dollars ($750.00 USD) per calendar day as liquidated damages and not as a penalty for each Day that Substantial Completion extends beyond the Substantial Completion date. 17. Notices: 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 22-12, Construction Manager at Risk for New Fire Station 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 22-12, Construction Manager at Risk for New Fire Station 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 22-12, Construction Manager at Risk for New Fire Station 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 22-12, Construction Manager at Risk for New Fire Station 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 22-12, Construction Manager at Risk for New Fire Station 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 22-12, Construction Manager at Risk for New Fire Station 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 22-12, Construction Manager at Risk for New Fire Station 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 22-12, Construction Manager at Risk for New Fire Station 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 22-12, Construction Manager at Risk for New Fire Station 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. ATTEST: Kara Paxton, C1tyCIerk Date Signed: FLINTCO, LLC g Si Signatu Brent Farmer, Vice President/Area Manger ted Name and Title February 15th, 2023 END OF AGREEMENT FOR PROFESSIONAL CONSTRUCTION MANAGER AT RISK SERVICES RFQ 22-12, Construction Manager at Risk for New Fire Station Page 25 of 25 Last Revised 02,13.23 APPENDIX A —SCOPE OF WORK for CONTRACT FOR PROFESSIONAL SERVICES — CONSTRUCTION MANAGER AT RISK RFQ 22-12, CMAR — New Fire Station 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 a new fire station for the City of Fayetteville Fire Department. This new fire station will serve as a relocation for existing Station 2. This will be a LEED certified building of approximately 10,500 square -feet and include 4 apparatus bays. The new fire station will be located at the intersection of North St. and Woolsey Ave. in Fayetteville, Arkansas. The site is up to 1.39 acres and will include approximately 20 secured parking spaces and 3 public spaces. 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). 3. After receiving schematic design comments, meet with applicable divisions to resolve comments in preparation for review by Planning Commission. 4. Assist architectural team in responding in writing to all City Staff comments on plans. 5. Assist architectural team in coordinating with private utilities and service providers. RFQ 22-12, CMAR — New Fire Station APPENDIX A —SCOPE OF WORK Page 1 of 4 — Last Revised: 02.13.23 ii. Design Development Phase Coordination 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. i. 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 22-12, CMAR — New Fire Station 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 22-12, CMAR — New Fire Station 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, Fire Administration or representative, and IT Department 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 22-12, CMAR — New Fire Station APPENDIXA — SCOPE OF WORK Page 4 of 4 — Last Revised: 02.13.23 APPENDIX B '; rLINTCO February 1 ", 2023 Mr. Waylon Abernathy Director of Bond Projects and Facilities RE: New Fayetteville Fire Station Dear Mr. Abernathy: Groundbreaking Since 1908. We look forward to partnering with the City of Fayetteville for construction of the new Fire Station #2. The fees below are based on the construction of a new 10,200 sf fire station as described in the City of Fayetteville Purchasing RFP 22-12. Anticipated construction cost of $5 million and an anticipated construction duration of 11 months. Preconstruction Fee: $30,000 lump sum This includes master schedule development, design milestone estimates, value analysis, constructability, quality control / review of documents and subcontractor bid package development and procurement. Construction Fee: Five percent (5.0%) of Cost of the Work Includes Flintco General Office Overhead and Fee, Accounting Services, National Safety Director, Executive Management Oversight. General Conditions: Five Hundred Twenty -Five Thousand Six Hundred Dollars ($525,600) to be included in GMP amendment. This includes project staff and associated cost, trailer, office supplies, truck and associated cost, cell phones, copier and progress photos will be included, and total lump sum cost will be divided equally by construction duration and billed on a monthly basis. Bonds & Insurance: General Insurance (0.6%), Builders Risk (0.183%), General Contractor Bond (1.0%), Subcontractor Default Insurance (1.25%) Excludes Owners and Contractors Protective (OCP) Liability Insurance All other costs, contingency and allowances, subcontractors and suppliers, self -performed work, temporary construction, project requirements (site trash removal, site sanitary facilities, jobsite clean, fencing, surveying, permits/fees, insurance, bonding, etc.) will be considered "cost of the work" and will be priced within the Guaranteed Maximum Price (GMP). We look forward to working with you on this project. If you have any questions, please give me a call. Sincerel y, Chad Crouch Project Director Phone: (479) 750-4656 184 E. Fantinel Blvd., Springdale, AR 72762 www.flintco.com Fax: (479) 750-4690 Exhibit E CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 1/1/2024 12/ 19/2022 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 Lockton Companies CONTANAME: CT Three City Place Drive, Suite 900 PHONE I FAX 1AIC. No. Ext): (A/C, No): St. Louis MO 63141-7081 -MAIL (314) 432-0500 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC ff INSURERA:Areh Insurance Company 11150 INSURED Fllnteo, LLC INSURER B : Arch Indemnity Insurance Comnpanv 30830 1182620 323 E. Reconciliation Wa_v INSURERC: Tulsa OK 74120 INSURER D INSURER E INSURER F : COVERAGES CFRTIFICATF NIIMRFR• 1 -7 I -701.1 I DCtn CInKI KIIIRADOD• vX 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS A .y COMMERCIAL GENERAL LIABILITY N N 41PKG8922409 CLAIMS -MADE OCCUR I/l/2023 1/1/2024 EACH OCCURRENCE DAMAut TU RENTED PREMISES Ea nceurrence S 2000000 S 500,000 MED EXP (Any one person S 10 000 PERSONAL & ADV INJURY S 2 000 000 hEN'L AGGREGATE LIMIT APPLIES PER: POLICY X �O LOC GENERAL AGGREGATE PRODUCTS - COMP/OP AGG S 4,000,000 S 4.000.000 OTHER, S A AUTOMOBILE LIABILITY N N 41PKG8922409 1/1/2023 1/1/2024 EDMB�IWen LE LIMIT s 2 000 000 BODILY INJURY (Per person) S XXXXXXX x ANY AUTO OWNED SCHEDULED AUTOS ONLY .. AUTOS BODILY INJURY (Per accident) S XXXXXXX HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAVAG fPer accident) is XXXXXXX ' S XXXXXXX LIAB OCCUR NOT APPLICABLE EACH OCCURRENCE S XXXXXXX LIAB CLAIMS -MADE LiCE..RELLA AGGREGATE S XXXXXXX S XXXXXXX 1 RETENTIONS WORKERS COMPENSATION A 'AND EMPLOYERS' LIABILITY N 41WC18922309 B ANY PROPRIETOR/PARTNER/EXECUTIVE YIN 44WC18945209 OFFICER/(Mandatory MBER EXCLUDED? N / A` 1/1/2023 1/l/2023 1/1/2024 I/1/2024 PER OTH- X STATUTE 211_, E.LEACH ACCIDENT S 1,000,000 EL. DISEASE - EA EMPLOYE $ ] 000 000 (Mandatory in NH) If yes, describe under E-L DISEASE - POLICY LIMIT . DESCRIPTION OF OPERATIONS below S 1,000.000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) 17179241 City of Fayetteville 113 West Mountain Street Fayetteville AR 72701 UPWO-CLLHI IUN .1.CC Atl'3cnnaent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENT ©1 All rights rasarvPrl ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Attachment Code: D592023 Master ID: 1482620, Certificate ID: 17179241 City of Fayetteville 113 West Mountain Street Fayetteville AR 72701 IMPORTANT NOTICE To whom it may concern: !�1 ;��� � In our continued effort to provide timely certificate delivery, Lockton Companies is transitioning to paperless delivery of Certificates of Insurance going forward. To ensure future renewals of this certificate, we need your email address. Please contact us via one of the methods below, referencing Certificate ID 17179241 -Email: stl-edelivery@lockton.com -Phone: (866) 728-5657 (toll -free) If we do not receive your email address via one of the above methods prior to the client's next renewal, we will assume you no longer need the certificate. If you received this certificate through an internet link where the current certificate is viewable, we have your email and no further action is needed. The above inbox is for collecting email addresses for renewal electronic certificate delivery ONLY. You will not receive a response from this inbox. Thank you for your cooperation. Lockton Companies Lockton Companies Three Cit Place Dr, Suite 900 / St. Louis, .N10 63141-7088 314-432-0500 / lockton.com City of Fayetteville, AR CITY OF Purchasing Division, Room 306 IVF Y E T T E V I L L E 113 W. Mountain Street AR KA N SAS Fayetteville, AR 72701 Phone: 479-575-8256 TDD (Telecommunication Device for the Deaf): 479.521.1316 RFQ 22-12: Construction Manager at Risk for New Fire Stati �kN DEADLINE: Tuesday, December 13, 2022 prior to 2:00:00 P* I time PRE -PROPOSAL CONFERENCE: Tuesday 11/29/22 at 2:00 01, via Zoom DELIVERY LOCATION: Electronic via the City's Online Big Portal PURCHASING CONTACT: Amanda Beilfuss, abeilfuss etteville-ar. ov DATE OF ISSUE AND ADVERTISEMENT: 11/20/ 21/22 & 11/22/22 Late qualifications will nzz accepted. ' \.,V RFQ's shall be submitted in accordance with the attach City of ye eville s c cations and RFQ documents attached hereto. Each Proposer is required to fill iO every bl nk and sha s ply all information requested; failure to do so may be used as basis of reject y stat n of q li ca ian will be rejected that violates or conflicts with state, local, or federal laws, o ces, or li s. �\ D� (7)- The undersigned hereby offers to furni & ver the ar is s or ser as specified, at the prices & terms stated herein, and in strict accordance with the specifications eneral c n I i s of it g, all of which are made a part of this offer. This offer is not subject to withdrawal tsss upon mutu I Vjttcln agree t y the Proposer/Bidder and City Purchasing Manager. ` Co Name of Firm: Contact Pel so E-M� Business Address: City: Signature: City of Fayetteville, AR RFQ 22-12, CMAR for New Fire Station Page 1 of 25 State: Title: Phone: Date: Zip: City of Fayetteville RFQ 22-12, CMAR for New Fire Station Advertisement City of Fayetteville, Arkansas Request for Statements of Qualification RFQ 22-12, Construction Manager at Risk (CMAR) for New Fire Station The City of Fayetteville is accepting statements of qualifications from construction manage_ nt firms properly licensed to provide, construction management / general contractor (CM/GC) sery ivs a construction management at risk (CMAR) / guaranteed maximum (GMP) project for the construct new fire station for the City of Fayetteville Fire Department. This new fire station will serve as a rPavetteville-ar.gov. for existing Station 2. This will be a LEED certified building of approximately 10,500 square feetde 4 apparatus bays. All questions regarding this RFQ should be directed to Amanda Beilfuss at abeilfu Professional Services required include: 1. Ensure all funds are spent in accordance with State of Arka ocurement laws 2. Guaranteed maximum price construction 3. Estimating 4. Sub -contractor bidding 5. Project and change order pricing 6. Schedule control 7. Management of demolition and recons on 8. Cost reduction and control O 9. Project coordination with the de i rneer a Cit of 4<etteville. 10. Project close outn- 11. Warranty � The solicitation RFQ & aa ins shall e o tai d m the City of Fayetteville Purchasing Division's electronic bidding platfort fa ett Ville -a . bids. Statements of qualification shall be received by Tuesday, December 2 before 2:00:00 cal time, utilizing the electronic bidding platform. No late proposals shall bVY d. The City of F tt� hall not be responsible for lost or misdirected proposals, or for failure of ptechnical equip en A non-m pre -proposal conference will be held on Tuesday, November 29, 2022 at 2:00 PM via Zoom. Meeti i ormation can be found on the City's online bidding platform. Stateme is 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 22-12, CMAR for New Fire Station 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 TDD (Telecommunications Device for the Deaf): (479) 521-1316 • O Ad dates: 11.20.2022, 11.21.2022, and 11.22.2022 This publication was paid for by the Purchasing Division of the City of Fayetteville, Arkan�► Amount paid: $649.04. • �V V Ci City of Fayetteville, AR RFQ 22-12, CMAR for New Fire Station Page 3 of 25 City of Fayetteville RFQ 22-12, CMAR for New Fire Station Table of Contents SECTION: PAGE NUMBER Cover Page 01 Advertisement 02 SECTION A: General Terms & Conditions 05 SECTION B: Vendor References SECTION C: Signature Submittal '`0 SECTION D: Project Summary and Scope of Work � 17 �V V CG P � o C�- G � `L S (< PCo �l. Ci C3- City of Fayetteville, AR RFQ 22-12, CMAR for New Fire Station Page 4 of 25 City of Fayetteville RFQ 22-12, CMAR for New Fire Station 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 these 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 w ide the services, their qualifications, and the years of experience in performing this type of'so, include the reference information requested in this RFQ. Electronic Submittal: Proposers are required to go to www. teville-ar. ov bids and follow the prompts to submit a statement of qualifications within th ronic bidding platform. All Proposers must register in order to be able to submit. There is no fe oegistration. Physical submittals are not allowed for this RFQ. i. SOQ's shall be prepared simply an omically, providing a straightforward, concise description of its ability to mee ire nts for the project. Fancy bindings, colored displays, and promotional ma rial ar t requi, Emphasis should be on completeness and clarity f cokent. All_s�.�bmittals s I be'formatted for standard 8 %z" x 11" size documentati ption w � be c ics, exhibits, one -page resumes, and City required f ropos s�l be ed to twenty- five (25) pages or less, excluding one- a `Famr ee' , ref es, and forms required by the City for completion. posalse'in a PDF format to the City's electronic platformpri c1t e stap�,< b. Proposals will be reAe ollowingXie slate ea "line, as shown on the cover sheet of this document. Only the names of ser's will be avai4l ter the deadline until a contract has been awarded by the Fayettevi 4 Council. All interes rties understand proposal documents will not be available until after li ontract has been ed nd at that time only for the intended selection. C. Pro sA 1l submit a stater of qualification based on documentation published b the p Y Fa ev Purchasing Division. d.Qosals shall be uploaded as a single PDF document to the City of Fayetteville's online electronic i 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 22-12, CMAR for New Fire Station 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 oft roposal must be sent in writing via e-mail to the Purchasing Department. Responses to questions be handled as an addendum if the response would provide clarification to the requirements NN proposal. All such addenda shall become part of the contract documents. The City will no ponsible for any other explanation or interpretation of the proposed RFQ made or given prior to rd of the contract. 3. RIGHTS OF CITY OF FAYETTEVILLE IN THIS PROCESS: o, In addition to all other rights of the City of Fayetteville, under llrEG, the City specifically reserves the following: a. The City of Fayetteville reserves the right to rank fir an negotiate with the highest-ranking firm. Negotiation with an individual Proposer does not re "vegotiation with others. b. The City of Fayetteville reserves the right to select th_ pro al it believes will serve the best interest of the City. 0 C. The City of Fayetteville reserves the ri $2olcoancel, accept ar any o r posals. d. The City of Fayetteville reserves the&hNV\ntire es for qualifications. IN e. The Cityof Fayetteville reser s ri ht ed r ive technical or immaterial errors in the Y g Y request for statements of i on or g s i f. The City of Fayetteville rese th ri t q s necessary clarifications, additional information, or proposal data wit o t clanging s ofGth roposal. g. The City of Fayette reserves the right o rake selection of the Proposer to perform the services required on Ais of the original pro without negotiation. 4. EVALUATION R G The eval ati'criteria define the factors that will be used by the selection committee to evaluate and score resp s' ponsible and qualified proposals. Proposers shall include sufficient information to allow the s� committee to thoroughly evaluate and score proposals. Each proposal submitted shall be e ua ed and ranked by a selection committee. The contract will be awarded to the most qualified Proposer, per the evaluation criteria listed in this RFQ. Proposers are not guaranteed to be ranked. 5. COSTS INCURRED BY PROPOSERS: All expenses involved with the preparation and submission of proposals to the City, or any work performed in connection therewith, shall be borne solely by the Proposer(s). No payment will be made for any responses received, or for any other effort required of, or made by, the Proposer(s) prior to contract commencement. City of Fayetteville, AR RFQ 22-12, CMAR for New Fire Station 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 Employee to Provide Services to the City". b. The Proposer shall promptly notify Amanda Beilfuss, City Sr. Purchasi4Agen !' ing, of all potential conflicts of interest for any prospective business association, interestumstance which may influence or appear to influence the Proposer's judgment or qualitys being provided. Such written notification shall identify the prospective business associaterest or circumstance, the nature of which the Proposer may undertake and request an o he City as to whether the association, interest or circumstance would, in the opinion oft , constitute a conflict of interest if entered into by the Proposer. The City agrees to commu a �th the Proposer its opinion via e-mail or first-class mail within thirty days of receipt of notification. 8. WITHDRAWAL OF STATEMENT: A state of qualification may be withdrawn prio Ze time set for the proposal submittal deadline based on a written request from an authoriz rese tati e of th however, a statement of 9 qualification shall not be withdrawn after theiime set f t ropos e line. 9. LATE PROPOSAL OR MODIFICATIONS: � ` O a Proposal and modifications recei the ti for e p posal submittal shall not be considered. Modifications in ti ceiveK to h de line will be accepted. The City will not be responsible for misdirecteTdropos uld r eir submission status in the online electronic bidding platforme ion o fi ation. 10. LOCAL, STATE, AND FED[IRAL WMPLIAVETRL'QUIEEMN4TS: a. The laws of the SNaof Arkansas applyAarPf purchase made under this request for statements of qualification.(dposers shall comply+` 11 local, state, and federal directives, orders and laws as applicable♦t tf�proposal and su seq ant contract(s) including but not limited to Equal Employment Oppo it`y�EO), Disadvantaged ess Enterprises (DBE), & OSHA as applicable to this contract. b. P s o Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, 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 eir 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 22-12, CMAR for New Fire Station 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 the FOIA may be assessed for this compliance. c. Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law • g to the case. 13. CITY INDEMNIFICATION: The successful Proposer(s) agrees to indemnify the City and hold it har e from and against all claims, liability, loss, damage or expense, including but not limited to counse s, arising from or by reason of any actual or claimed trademark, patent or copyright infringement `' on based thereon, with respect to the services or any part thereof covered by this order, and s � lgation shall survive acceptance of the services and payment thereof by the City. 14. VARIANCE FROM STANDARD TERMS & CONDITIONO'ons All standard terms and conditions stated in this rest ents of qualification apply to this contract except as specifically stated in the subsequent of is ocum hich take precedence, and should be full understood b Proposers ;9SLAAT,.1— to ro osal � uirement. Y Y p p , ,�p p � q 15. ADA REQUIREMENT FOR PUBLIC NOTIC SO Persons with disabilities requiring nable aR%mod t participate in this proceeding/event, should call 479.521.1316 (telec i ation Oer f), not later than seven days prior to the deadline. Persons needing tr nsl i n of cuntact the City of Fayetteville, Purchasing Division, immediately. 16. CERTIFICATE OF INSURA C * PN G The successful P�poser�hall provide a C Ay' to of Insurance of professional liability insurance in the amount of $St iflion US dollars, at mini *1�. rh Certificate of Insurance shall list the City as an additional insured and p�.required unless pro os lis selected. 17. PAYM S INVOICING: Th oser must specify in their proposal the exact company name and address which must be the same es submitted for payment as a result of award of this RFQ. Further, the successful Proposer is res risible 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 22-12, CMAR for New Fire Station 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 City46Xrves the right to cancel and obtain from another source, any items and/or services which have,p'2n delivered within the period of time from the date of order as determined by the City of Fayett�9� d. In the event sufficient budgeted funds are not available for a new fisc I, the City shall notify the vendor of such occurrence and contract shall terminate of the la f the current fiscal period without penalty or expense to the City. 19. ASSIGNMENT, SUBCONTRACTING, CORPORATE ACQUISITIONS AUQ/QITWERGERS: a. The CMAR shall perform this contract. No assignment of s contracting shall be allowed without prior written consent of the City. If a Proposer intends to con ract a portion of this work, the Proposer shall disclose such intent in the proposal submitted ult of this RFQ. b. In the event of a corporate acquisition and/or , the'R shall pr vide written notice to the City within thirty (30) calendar days of Contractor's otice o u actio pon the occurrence of said action, whichever occurs first. The ri to4ermina tat contra c� ich shall not be unreasonably exercised by the City, shall include, be INN o, i a c in which a corporate acquisition and/or merger represent a conflict rest or Nbntrary any local, state, or federal laws. Action by the City awarding a proposal firm t a dis d its intent to assign or subcontract in its response to the RFQ, witho tion sh stit val for purpose of this Agreement. 20. NON-EXCLUSIVE CONTRACT: Award of this RFQshall i10sract no obli o Tin t Ci to utilize the vendor for all work of this type, which � � �yP. Yp , may develop during t period. This is noon exclusive contract. The City specifically reserves the right to concurre ntract with other ies for similar work if it deems such an action to be in the g � � City's best int v'stVthe case of m 0 l*Ohate contracts, this provision shall apply separately to each item. 21. ADDIT A QUIREMENTS: T reserves the right to request additional services relating to this RFQ from the Proposer. When a d by the City as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such additional requirements as may become necessary. 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 22-12, CMAR for New Fire Station 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 ing the pendency of bid protest, by the bidder/proposer/protestor or any member of the bidder's/ er's/protector's staff, and agent of the bidder/proposer/protestor, or any person employed by an ' ntity affiliated with or representing an organization that is responding to the request for proposal, � t for qualification, bid or contract, or has a pending bid protest is strictly prohibited either )WE rtisement or on a date established by the City of Fayetteville and shall be prohibited until eithe ward is final or the protest is finally resolved by the City of Fayetteville; provided, howeve?>no ing herein shall prohibit a prospective/bidder/proposer from contacting the Purchasing, i1 to address situations such as clarification and/or questions related to the procurement pr r purposes of this provision lobbying activities or communication shall include but not be limited tluencing or attempting to influence action or non -action in connection with any request for proposal uest for qualification, bid or contract through direct or indirect oral or written communication or a t to obtain goodwill of persons and/or entities specified in this provision. Such actions may caus uesoproposal, request for qualification, bid or contract to be rejected. 25. DEBARRED ENTITIES: Pity By submitting a statement of qualificat 5Zndor sta e �ibmit is not a debarred company with the federal, any state, or local gover e t. 26. OTHER GENERAL CONDITIONS: V a. Proposers shall provide the i with o is y an employee having legal authority to submit proposals on behalf �i th Propos e entire ost of preparing and providing responses shall be borne by the PropN. ♦ CO b. The City res sAhe right to requests dditional information it deems necessary from any or all Propose rs,after e submission dea e, c. Thecuest1for statement of ua11'Prcation is not to be construed as an offer a contract or a qco t of any kind; nor does it commit the city to pay for any costs incurred by Proposer in X aration. It shall be clearly understood that any costs incurred by the Proposer in responding to this request for statements of qualification is at the Proposer's own risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for reimbursement to the Proposer for any expense so incurred, regardless of whether or not the proposal is accepted. d. If products, components, or services other than those described in this bid document are proposed, the Proposer must include complete descriptive literature for each. All requests for additional information must be received within five working days following the request. e. Any uncertainties shall be brought to the attention to 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 22-12, CMAR for New Fire Station 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. f. No oral interpretation or clarifications will be given as to the meaning of any part of this request for statements of qualification. All questions, clarifications, and requests, together with answers, if any, will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed until after a contract is in place. g. At the discretion of the City, one or more firms may be asked for more detailed information before final ranking of the firms, which may also include oral interviews. JOIL h. Any information provided herein is intended to assist the Proposer in the,prn?%tion of proposals necessary to properly respond to this RFQ. The RFQ is designed to provid fied Proposers with sufficient basic information to submit proposals meeting minim 7ifications and/or test requirements but is not intended to limit a RFQs content or to exclud���'ant or essential data. i. Proposers irrevocably consent that any legal action or proceeding a inst'ff under, arising out of or in any manner relating to this Contract shall be controlled by Arkaps . Proposer hereby expressly and irrevocably waives any claim or defense in any said actio r eeding based on any alleged lack of jurisdiction or improper venue or any similar basis. j. The successful Proposer shall not assign the whole or.o'rhVrt of this Contract or any monies due or to become due hereunder without written consent of City of Fayetteville. In case the successful Proposer assigns all or any part of any monies due or V-44comyMe under t k Contract, the Instrument of assignment shall contain a clause substantially to e effecA4d is agr t the right of the assignee in and to any monies due or to become due tAhe sugc l Propo h II be subject to prior liens of all persons, firms, and corporations for seftcices rend ma i pplied for the performance of the services called for in this contract. k. The successful Proposers at is direc th ct at all applicable Federal and State laws, municipal ordinances, and e r s and r ions authorities having jurisdiction over the services shall apply to the contract tghout, ny it eemed to be included in the contract as though written out in full h The suc Propose hall keep himself/herself fully informed of all laws, ordinances and re ati s of the Fe ral, StQt nd municipal governments or authorities in any manner affecting thos nd or employed in r�ng these services or in any way affecting the conduct of the services an II clers and decree + X or tribunals having any jurisdiction or authority over same. If any disil p Ky or inconsisten s ould be discovered in these Contract Documents or in the speci ns herein referred to, in re ation to any such law, ordinance, regulation, order or decree, s/he s I ith report the same in writing to City of Fayetteville. 27.11Ia.ny CE: 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 22-12, CMAR for New Fire Station 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 qutnXon including specialized services, within the time limitations fixed for the completic4; Ee project 3. 25 Points — Past record of performance of the firm with respects c factors as control of costs, quality of work, and ability to meet schedules and de d 4. 20 Points — Firm's proximity to and familiarity with the are1w ich the project is located ****NOTE: Fees shall NOT be included with any statement of l- ation. Price shall not be a considered a factor used to select a vendor. Price and fees will not be co eyed until the negotiating process and will be a factor in the award of any proposed contract. In th t the City is not able to negotiate a successful contract with the selected vendor, the City res#e� rig to cease negotiations with such selected vendor and proceed on to the next selected vendLN, S (< O 4P Co G � `L P �l. Ci C3- City of Fayetteville, AR RFQ 22-12, CMAR for New Fire Station Page 12 of 25 City of Fayetteville RFQ 22-12, CMAR for New Fire Station SECTION B: Vendor References The following information is required from all firms so all statements of qualification may be reviewed and properly evaluated: COMPANY NAME: NUMBER OF YEARS IN BUSINESS: HOW LONG IN PRESENT LOCATION: TOTAL NUMBER OF CURRENT EMPLOYEES: FULLTIME PARTTIME Z!�\ ♦0 NUMBER OF EMPLOYEES PLANNED FOR THIS CONTRACT: FULLTIME PART TIME �` PLEASE LIST FOUR (4) REFERENCES IN WHICH CMAR HAS PREVIOUSLY PERFORMED CONTRA e FOR WITHIN THE PAST FIVE (5) YEARS FOR PROJECTS OF SIMILAR SCOPE AND SIZE (All fields must be completed): 1. 2. qj COMPANY NAME COMPA N CITY, STATE, ZIP Cl ', TE, ZIP V CONTACT PERSON ONTA T P SON TELEPHONE HON FAX NUMBER l// " FAX ALJ M E-MAILADDRESS - AILADDRESS C ♦�.� COMPANY NAME Cj ` CITY, STATE, ZI CON ON TELEPHONE FAX NUMBER E-MAIL ADDRESS City of Fayetteville, AR RFQ 22-12, CMAR for New Fire Station Page 13 of 25 4. COMPANY NAME CITY, STATE, ZIP CONTACT PERSON TELEPHONE y9AILMO 1 ga l a I_\lw_116011= City of Fayetteville RFQ 22-12, CMAR for New Fire Station 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 -consuls, and any City of Fayetteville employee, or elected City of Fayetteville Official. If, to your knowledge, no relationship exists, this should also be stated in your respons • i ure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of ponse. This form must be completed and returned in order for your bid/proposal to be eligible for consideraoT� PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRIAQ5Y APPLIES TO YOUR FIRM: 1) NO KNOWN RELATIONSHIP EXISTS ` 2) RELATIONSHIP EXISTS (Please explain,L;N t�V ^ _ I certify that; as an officer of this organization r et the atta hedTetter ol�horization, I am duly authorized to certify the information provid in isan r e; d my organization shall comply with all State and Federal Equal Opportu Non- i r inatio quirements and conditions of employment. ' V 2. PRIMARY CONTACT INFORMATI N 1 At the discretion of the Cit , ne or mor ay be eefor more detailed information before final ranking of the firms, wh' h also inclu oral ''ews. NOTE: Each Proposer shall submit to the City a primary contact name, e i address, and phon number (preferably a cell phone number) where the City selection committ a�i call for clarification► nkview via telephone. _l. Cj Corporate �me,�f Firm: Prim y o act: Title of Primary Contact: Phone#1 (cell preferred): Phone#2: E-Mail Address: City of Fayetteville, AR RFQ 22-12, CMAR for New Fire Station 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 ACKNOWLEDGED VC 5. DEBARMENT CERTIFICATION As an interested party on this project, you are required to 16pebarment/suspension certification indicating compliance with the below Federal Executive Order. rtilication 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 sub ents erti y that th rganization and its principals are not debarred, suspended, proposed for debXm nt, decla inelig' r voluntarily excluded by any Federal department or agency from doing iness wit eral ment. Signature certifies that neither yo n ur pri is p ese y debarred, suspended, proposed for debarment, declared ineligible, o rily ex fro pa * ipation in this transaction by any federal department or agency. G � 6. Pursuant to Arkansas Co nn�otated 03, the ntractor agrees and certifies that they do not currently boycott Isra�nisilf not boy tt Isr ing any time in which they are entering into, or while 57-503. If at any time during contract the contractor in contract, with any p bl'�e entity as defined iNO-fy decides to boyco t � I, the contractor the contracted public entity in writing. 7. SUB CONS�,NND TEAM INFORMA Propose e certifies that proposals from the following consultants were used in the preparation of this stat qualification. Proposer shall attach additional pages if necessary. This section only applies if CMAR proposing 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 22-12, CMAR for New Fire Station Page 15 of 25 Date Firm Established: Percentage of Work: Type of Work: Subcontractor's Name: Arkansas License No: Address: Date Firm Established: a Percentage of Work: Questions regarding this form should be directed to the City of Fayettev' e•ult asing Division. NAME COMPANY: PHYSICAL ADDRESS: I MAILING ADDRESS: TAX I D#: SA PHONE: FAX: E-MAIL: I ARKANSAS CONT TT S LICENSE NO: T ARKANSAS S CR RY OF STATE FILING NO: Si n SIGNATURE: luG]I►11��1►1_1► 1�1 TITLE I17_31q City of Fayetteville, AR RFQ 22-12, CMAR for New Fire Station Page 16 of 25 City of Fayetteville RFQ 22-12, CMAR for New Fire Station SECTION D: PROJECT SUMMARY AND SCOPE OF WORK A). PROJECT SUMMARY The City of Fayetteville is accepting statements of qualifications from licensed professionals to provide construction management at risk (CMAR) services for the construction of a new fire station for the City of Fayetteville Fire Department. This new fire station will serve as a relocation for eg Station 2. This will be a LEED certified building of approximately 10,500 square -feet and include.4 `hr tus bays. The new fire station will be located at the intersection of North St. an ey Ave. in Fayetteville, Arkansas. The site is up to 1.39 acres and will include approximately red parking spaces and 3 public spaces. II. The City of Fayetteville has selected MBL Architecture as th i ctural firm to serve as lead design professional for this project. III. Phasing and award: One contract will be awarded with le phases: a. Phase 1 will include pre -constructions as oLO below. b. Phase 2 will include Change Or 1 for the*teed m price for the project. IV. Protect funding: The total project f n enco d b a V<<r approved bond issue. B . PROJECT INFORMATION & RE Q ENT I. Request for Qualifi do (RFQ) res onses,,�be submitted from one single primary construction manager firm with eac additional contracte th1T'd party as a subcontractor to the primary. The primary firm in additio t Any contracted third Zall be disclosed with the RFQ response and be considered the project e m or the overall co str on scope of the project. This requirement to provide sub - consult preessionals does not lWvGe subcontractor trades for the actual construction items (Ele r al, sonry etc.) as those items will be bid after contract award. II. ses shall not include price or hourly rates, or any pricing structure. Pricing shall be negotiated with t top ranked selected firm only and is not considered part of this selection. The City intends to negotiate each phase as a not to exceed fee with the selected firm. 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 22-12, CMAR for New Fire Station 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 Table certifications from the USGBC in constructing LEED Certified Buildings. O Q. SCOPE OF WORK I. Overview: Anticipated phases are identified below with associated scQ0ef work. Scope of work is not limited to any additional industry standard scope of work rMssary to complete each phase. Coordination with MBL Architecture is critical for all phases. e� tPrimary firm shall coordinate with the architectural team in order to achieve best value for oxe`rall success of the project, including working to achieve maximum cost savings. II. PHASE 1: Pre -Construction Services �G,J M, Schematic Design Phase Coordination G I i. Provide industry stanAd construc ana r r ices, including but not limited to development of cos�o _e'ntifyi ntial dNn changes which could result in cost savings or ener Vncy, i t with e esign team for review of documents, etc. ii. Coordinate CithiMBL ture to�repare and submit three (3) sets of Schematic Desig ocuments, iary Specifidations, schematic cost estimate, and schedule the i 11 and arc tect for review and approval (15% plan review). All. After receiving design comments, meet with applicable divisions Ole resolve com Cerpreparation for review by Planning Commission. Assist archite eam in res ondin in writin to all (-it Staff comments p g g Y'U to to on plans. 3. Assist architectural team in coordinating with private utilities and service providers. Design Development Phase Coordination i. Assist M BL 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 City of Fayetteville, AR RFQ 22-12, CMAR for New Fire Station Page 18 of 25 S, schedule to the City staff for review and approval. (50% plan review). Components to include: 1. Site plans, paving layouts, traffic circulation, lighting, signage and utilities 2. Floor plans, Structural, Civil, Architectural, Storm Water Pollution Prevention Plan (SWPPP), MEP, 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 requ it 11 s �O iii. Assist MBL Architecture in responding in writing to all City c is on plans. �� iv. Assist MBL Architecture in coordination of final utility p14 v. Facilitate with architectural team and City cos Ii'Canalyses to determine most cost-effective construction after evaluation ycle cost impact. Construction Documents Phase i. Assist MBL Architecture in com Von ction Docu ents/Plans and Specifications. Architectural team will submitVe (3) ss o City f , and electronic versions as necessary, for Code and ne(al revle nd appro a well as Construction Manager and City for cost analysee�99% pla �,\'E ). ii. Attend follow ueg wit eve p nt Services and Fire Marshall. iii. Complete fi I c ordina ' th p ' utilities and service providers. iv. AssKlt� 'Architect e to Kr e and submit three (3) complete sets of Construction Dos, and electronic ve4fons as necessary, including 90% written responses, Vifications and Arffi�g Cost Estimate and schedule to City of Fayetteville (");Vvelopment Servic o view and approval (100% plan review). a v. Assist MBL Architecture in 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 Safety, Fire Marshal, and Urban Forestry for required approvals. d. Bid Phase i. Coordinate with City Purchasing Division to ensure all procedures followed for this phase meet state laws and City of Fayetteville Purchasing Policies. City of Fayetteville, AR RFQ 22-12, CMAR for New Fire Station Page 19 of 25 ii. Provide services for reproduction and dissemination of bid sets (project manual and stamped drawings) to the City Design Team [PM (1), Purchasing (1) and interested bidders]. Documents should be made available to any interested party electronically at no cost. iii. Provide distribution of plans to all interested parties. 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 Z�ed manner while keeping all interested parties on equal terms. 3. Document and keep an updated accurate record holders and provide updated listings to all interested parties in a tim��''��"�er. 4. All questions and inquiries shall be directed to e ity's Purchasing Division. The Purchasing Division shall distribute any qu ns and/or inquiries in the form of an addendum and shall be provided to e I sted parties at the same time. N iv. Coordinate with City Purchasing Division hr gh the pre -bid meeting and facilitating a public bid opening. v. Maintain open communicatio - Re Purchasi Division during any process involving Request for Information FI). C _1k ' � vi. Any addenda shall be vided to t �i'�rkhasi vi ion, for coordination with the City, and for review an a I in adva� of issu e. Bidders, interested parties, and plan holders shall re ei inform ' i inclu a denda at the time addenda is issued. vii. In the even he MAR to s rform a portion of the work or a trade package, the C R shall sub d pacl& ethe same time and manner as other interested par ie . G viii. blic bid openin&erdinated �eld at the City of Fayetteville Administration Building, City I I, at a time and d in advance with the City Purchasing Division. V ix. Assist with the design of all Bid Proposals. x. Review MBL Architecture's Recommendation of Award Letter that includes the following required content (and assist with): 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 5 6 City of Fayetteville, AR RFQ 22-12, CMAR for New Fire Station Page 20 of 25 Review of contractor's financial standing and references provided. Explanation of discrepancies between the Engineer's estimate and bids. 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. 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. *�k ii. Conduct regular Owner, MBL Architecture, and CM meeting +� ntly determined by CMAR, City, and Architect. iii. Coordinate with City and MBL Architecture on all Regt1.'�`t Change Proposals, Change Orders, etc. including maintaining a log of all such di%ments. iv. The City of Fayetteville intends to provid ul�►r project management services. MBL Architecture will provide field services, prAremeetings, and progress payment review, and assistance on a bi-monthly basis. Z4� v. Review and address site visit rep20om BL Archite re at least one (1) time per month. + I vi. Coordinate with MBL tectur •�1 con qc�Sbstantial Completion Inspection, coordinate with r to c punch, substantiate that items noted are completed, an is bstan ple on ertificate. vii. The City F yettev cilit' ;�anagement Division, Fire Administration or repres tative, and rtmen a be notified to attend all on -site meetings, review and p e"all pay r uests� change order review prior to Mayor's approval. b. Proje Idle Out . �� ivrovide Warranty Ses during the entire Warranty Period. MBL Architecture to issue 0- Warranty Reports and review items after the CM has notified the City that these items ��// are complete. ii. Provide support services as needed during the project close out process. iii. Provide close out submittal to 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 3 4 5 City of Fayetteville, AR RFQ 22-12, CMAR for New Fire Station Page 21 of 25 Warranty information Material Safety Data Sheet (MSDS) Operating Manuals Start-up and testing reports 6. Building commissioner report 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: O I. Professional Services: �` a IS c An entity responding to this RFQ shall be a current lice tractor with the State of Y Y p g Arkansas Contractor's Licensing Board. Failure to hold a curre ontractor's license shall result in submittal rejection. All subcontractors on the project�e properly licensed by the State of Arkansas Contractor's Licensing Board. + Any industry standard cost share or savings inc n practices desired for discussion during contract negotiations should be disclosed wit Q response. Cost sharing practice shall be presented in the format of a general best es approach and contract terms and shall not include pricing related figures. Pricing are t part of the selection criteria and shall not be include with RFQ submittal. The resulting contract of th* oli nation.be a a teed Maximum Price (GMP) construction contract; howe e , ri itself �1ot c ered until a firm has been selected based on qualifications. i be n ed with most qualified firm, as evaluated and voted on by the select' ittee.n- d. Performance and ay t bo d , Af contract has been awarded to the selected construction manage M n n t calendar days of the final construction contract being finaliz provide a o se p at performance and payment bond to the City of Fayetteville eing file m rked 1►t Nashington County Circuit Clerk's Office. e. Const u tien contracts for the► j shall not be entered into without a 100% payment and pe oI;mVce bond in the a ou the contract and any amendments thereto and shall provide V the manner in which the construction shall be managed and supervised. Bonds shall be valid exchanged between all parties. The CMAR shall hold all trade contracts and purchase orders and shall bond and guarantee the project. f. After contract award, the awarded CM shall furnish a certificate of insurance showing that insurance policies are carried in amounts acceptable to the City. 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: City of Fayetteville, AR RFQ 22-12, CMAR for New Fire Station Page 22 of 25 • Ensuring CMAR maintaining a proper license with the Arkansas Contractors Licensing Board • Ensuring all subcontractors on the project are properly licensed by the Arkansas Contractors Licensing Board • Compliance with Arkansas state 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 �VN o A.C.A. § 17-33-101 �v 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 v V o A.C.A. § 22-9-213 o A.C.A. § 22-9- 1 o A.C.A. § 2 - (•+ Oly V" o A.C.A. -601 0/� o A. 2-9-7 a o A II c m t i bi atutes shall remain in full force and effect and rat be of erebby. This project sha authorize a design -build project contract or sub- contracts. h. Pr e t d change order p cin i. S dule control stimating �. Cost 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 22-12, CMAR for New Fire Station Page 23 of 25 Title Page: Show the name of agency/firm, address, and telephone number, name of contact person, date, and subject: RFQ 22-12. 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, addre and telephone numbers. Describe the perceived strengths to carry out the project. , O d. Project Team Organization: Provide an organizational chart indicati relationship between the Submitter's staff members who have responsibilities relate project. Indicate on the chart the names of key personnel and their titles. Submit prof qualifications and resumes of staff to be assigned to this project, showing where t� e performed work on similar projects including Construction Management GMP pro�jee e. Specialized and Past Experience: Provide informatia�gg�rding past experience in relation to the services requested in this RFQ including informa kon"pertaining to customer satisfaction, timely completion, and meeting budgets on similar ps executed under a GMP contracting format. Actual p J rice and fees shall not be include i mittal. f. Schedule: Submitter shall provide a g IT sche ule for the r letion of the scope of the specified project. • g. Additional Background: All S s are to c�c a maximum of two (2) pages of information not included ab ich m sefuI a applicable to this project. III. Items to Include with Resp ponse incl e'ollowing in addition to other requirements specified in this RFQ: a. Prior experien co structi r proje types. b. Statement hga ing underst ndingOb-construction services and approach to billing for pre- constr? tin services. services. In additiQ �statement shall include a clear definition of understanding for `aIGuaranteed Maxi �ce (GMP) means. c. coik(s of management teon similar projects with timely completion and high -quality rkmanship. Records of previous similar projects with owner verification and contact information. Please provide contact information including reference contacts of the owner and architect on at least 3 projects. These projects should be within the past five (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 22-12, CMAR for New Fire Station Page 24 of 25 E). Anticipated Protect Timeline: Date Time Description Monday 11/20/22, 11/21/22, and 11/22/22 N/A Advertisement for RFQ in local newspaper, 3 consecutive days Tuesday, November 29, 2022 2:00 PM Pre -Proposal Conference — open to all interested parties Tuesday, December 13, 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 betwe terested parties and the City shall be through the City of Fayetteville Purchasing Division. Interested e strictly forbidden to discuss this project with any City Staff member or Elected Official. �GJ G City of Fayetteville, AR RFQ 22-12, CMAR for New Fire Station Page 25 of 25 CITY OF -� FAYETTEVILLE ARKANSA RFQ 22-12 Addendum Flintco Supplier Response Event Information Number: RFQ 22-12 Addendum 1 n- Title: CMAR for New Fire Statio �G.J Type: Request for Qualifications O Issue Date: 11/20/2022 ► Deadline: 12/13/2022 02:00 CT) &\+ Notes: � The City of Fayete Is accepting st e is of qualifications from constructiq,�i�'fa agemeot-firms� rly licensed to provide, constructiun anagem tractor (CM/GC) services as a construc�pn manag nTCMAR) / guaranteed maximum (G )project fo onsof a new fire station for the City of y Nle FireepZis new fire station will serve as a rekation for existing S�is will be a LEED certified building ef approximately 10,500 square feet and include 4 apparatus bays. All 1/questions regarding this RFQ should be directed to Amanda Beilfuss at abeilfuss@fayetteville-ar.gov. 'U 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: Flintco RFQ 22-12 Addendum 1 Flintco Information Contact: Klint Kimball Address: 184 E Fantinel Blvd Springdale, AR 72762 Phone: (479) 750-4565 Email: klint.kimball@flintco.com Web Address: www.flintco.com By submitting your response, you certify that you are authorized to represent and bind your co 1y. ,OP Brent James Farmer bfarmer@flintco.com �,, Signature Email Submitted at 1211312022 12:58:02 PM (CT) ci— �'4 Requested Attachments `j RFQ 22-12, Response Submittal 4,tQ%N2-12—NewFireStation—FlintcoResponse.pdf Please upload your completed response, including all required f V O PV" V Cj Pc�o� Page 2 of 2 pages Vendor: Flintco RFQ 22-12 Addendum 1 r LINTCO za- CONSTRUCTION MANAGER A FOR New Fire t 'Q GG �O RFQ 22-12 1 December 13, 0 2 Submitted b '`nt, LLC Brent Far r, Vi resident / Area Mana r 184 Fa i el Springdale, AR 72762 (479 - 59 w r , Table of Contents �Q,� <) \A, Tab 1: Letter of Interest ..................... ....... :t6ls.. .. ,...................................................1 Tab 2: Project Team Or aniz t�..........!. 3 Tab 3: Specialized & Pas rienc �Gl.............�.....................................................................10 Tab4: Schedule...................................................................................................................................13 Tab 5: Additional a round........ 4.........................................................................................17 Tab 6: Prior d'rience Constr imilar Project Types..................................................19 Tab 7: Upgll eCranding of Precons uction Services.......................................................................20 onSimilar Projects......................................................................................................... 22 `Owner Verification and Contact Information....................................................................27 Tab 10: Current & Project Workload.......................................................................................................28 Tab 11: Current Maximum Bonding Capacity & Rate....................................................................29 Tab12: Proof of Licensure..............................................................................................................................30 Tab 13: Required Forms .............................................................................................................31 CITY OF FAYETTEVILLE NEW FIRE STATION I RFQ-22-12 \r LINTCO TAB 1 Letter of Interest December 13, 2022 City of Fayetteville, AR T I NTCO Attention: Amanda Beilfuss Z O Re: RFQ 22-121 Construction Manager at Risk New Fire Station 1 Dear Ms. Beilfuss and Selection Committee: e Thank you for inviting us to propose on the new Fire Station project. ng worked in the Fayetteville community since 1951, Flintco will provide accurate estimating reconstruction, local trade partners with commitment to quality work, and the guarantet eyes to successfully complete your project on budget and schedule. We are pleased to share ou ifications that meet your specific evaluation criteria below: � Specialized Experience and Technical Compete co successfully built $300 million in fire stations and first responder facilities, along wit n exte ve ecord comparable specialized government projects. Our LEED experience nd khowled is a ensi48 LEED accredited professionals on staff, including Precons Dire j int Ki o is on our proposed team. We are also proposing our same team tructi r essio s, o successfully collaborated with MBL Architecture to deliver your pre two fir ons, work. Our resume includes seven total projects successfully delivered L. Our tandin ionship will allow us to hit the ground running, ensuring that project is off is o Capacity and Capabilit t PeKform: A t-fr 'nancially solid company, Flintco has a $2.5 billion bonding capacity. Sin o ounding in 908, a never defaulted on a bond. Our current workload allows us to take y,*ur`project to be led o's most qualified construction professionals. Past Record Ve rmance (control os s, quality of work, and ability to meet schedules and deadlinep)�(lohan 85% of our work is completed under the CM GMP delivery system. During preco �c n, Flintco provides complete, comprehensive, and ongoing forecasts to actual project co�`1Zfiis allows the team to spot trends, identify potential issues, and implement corrective actions Duagei ana program tnat is consistent wim the aesign intent. vve Dring reiiaDie iraae partners wno garner the best bids and perform quality work for the duration of construction. Our safety and quality programs are nationally award winning in our industry. Firm's Proximity to and Familiarity: Over our 70 years in Northwest Arkansas, our team has completed many projects for the City of Fayetteville and is very familiar with the location for the new Fire Station. Also, our Arkansas office is very close in proximity - approximately 9 miles from the project site. Project Manager, Bryan Bova has also called Fayetteville home for 28 years. CITY OF FAYETTEVILLE NEW FIRE STATION I RFQ-22-12 \r LINTCO I 'i Lastly, we take great pride in all our projects, but there is something extra special when building for the brave men and women that protect our communities as first responders. We would be deeply honored to do so for those reporting to the new Fayetteville Fire Station. Thank you for considering Flintco for your Construction Manager partner. Sincerely, Brent Farmer Vice President/Area Manager (Authorized to represent Flintco) Flintco, LLC 184 Fantinel Dr. Springdale, AR 72762 (479) 306-6259 - office (479) 879-7313 - cell bfarmer@flintco.com About Flintco O Flintco maintains eight offices around th .S.4nd is Ye tered or i to conduct business in 35 states. Flintco's strength lies in theXWMy of ou idual o s to provide construction expertise in their home market. T i el giv he b oth worlds: access to the full resources of one of the larges Vo ction ames�611� 'ned with personalized, local service. Flintco offers a full range of c Cs uctio es in preconstruction services, construction management, design- d, eneral tin a5d p ect / program management. Our self -perform capabilities include%;on e, steel er ction, on, underground infrastructure, and piping. Our behavioral based app� ranch to Safety callediA 4 LIFE (Live Incident Free Everyday) has delivered extraordinar Asalf_s benefiting our cli industrytrade partners. Flintco has successfully reintroduce t e ractice of Lean to t onstruction industry with the adoption of Lean2.0@, a unique�int o approach to driving a iciency and value for our clients, designers and trade par C��,y fission T ough a spirit of collaboration, a commitment to excellence and a culture centered on integrity and accountability, we provide innovative construction solutions with an unrelenting focus on quality, safety, cost and schedule. CITY OF FAYETTEVILLE NEW FIRE STATION I RFQ-22-12 \r LINTCO 12 Project Team Organization Our project team members were selected because of their experience in the city of Fayetteville, projects with streetscape elements, and con. They have worked together on the Fayetteville Fire Stations No. Sanal, up the Fayetteville Police Headquarters. They have the right bl d successfully complete the new Fayetteville Fire Station project k V first responder facilities, uctKn management GMP projects. j9 and are currently finishing wledge, skills, and experience to Organizational Chart <� X 21, Legend Off -Site Support On -Site Support CITY OF FAYETTEVILLE NEW FIRE STATION I RFQ-22-12 \r LINTCO 13 Industry Experience 30 Years Years with Flintco 28 Years Education A.A. Construction Management Oklahoma State University Licenses/Certifications LEED Review Seminar, Subguard, First Aid, EOS - Safe Driver, CPR, Bloodborne Pathogens Brent Farmer VP/ Area Manager In the 23 years Brent has been with the Arkansas Division, he has been instrumental in leading the team to achieve more than 90 state awards from the Associated Builders and Contractors from 1993-2021. As a direct result from his leadership the Arkansas Division has been name Contractor in the State of Arkansas several years running, Best Qonor by Citiscape Magazine, Commercial Contractor of the Year byeville Construction and Developers Committee, 2018-2021 Very�mmercial Contractor by Celebrate Arkansas, and 2021 Best Place rk by Arkansas Business. Key Experience nn•• — �G.J • Fayetteville Fire Station # 8 a�Vville,ARI$2,374,000 * • Fayetteville Fire Stationa#91I etteville, AR 1 $2,510, 000* • Fayetteville Police Head�T ers Facility Project I Fayetteville, AR $30,000,000 CMA Project • Mickey Jackson e aini ility I B�itonville, AR 1 $2,814,000 CMAR/GMP Propct �� • Universi kans �i�ti ifng Sib Fayetteville, AR I $1.5M* • Walm a Of ' od Ha � tonville, AR I Cost Confidential CM P Pro � �n� �B • Bento CMAR, • City of use �terican Art - The Momentary I )StUdli3ential CMAR/GMP Project Pum of American Art - Phase II Expansion I IConfidential CMAR/GMP Project High School I Centerton, AR 1 $64,000,000 nville Administrative Services I Bentonville, AR 1 $1,700,000 • Northwest Health- Bentonville West Emergency Department Bentonville, AR 1 $5,000,000 CMAR/GMP Project • Arkansas Arts Academy High School Expansion & Renovation I Rogers, AR 1 $20,500,000 CMAR/GMP Project • Oaklawn Gaming -Hotel, Casino, Event Center I Hot Springs, AR I Cost Confidential CMAR/GMP Project • Oaklawn Park Addition and Renovations I Hot Springs, AR 1 $19,038,000 CMAR/GMP Project * Denotes project with MBL Architects CITY OF FAYETTEVILLE NEW FIRE STATION I RFQ-22-12 \r LINTCO 14 Industry Experience 21 Years Years with Flintco 16 Years Education B.S. Construction Management Missouri State University Licenses/Certifications OSHA 30, ACI Concrete Flatwork Finisher and Technical Chad Crouch Project Director As the project director, Chad serves in a project executive oversight role. He acts as the liaison between Flintco, the owner representatives, major subcontractors and architects/engineers to provide diversified input based on his construction expertise. Chad is responsible for ove anagement direction of all areas required to successfully deliver,h ect. He manages the appropriate resource allocation to assure comof the project and he serves as the senior point of contact regard�$n"rning, ralI project contract and delivery. His specific responsibilities will be� staffing, defining functions and responsibilities, and supervise f all project activities including project schedule, personnel istration and performance review. Key Experience • Fayetteville Fire Stati Fayetteville, AR 1 $2,374,000* ■ Fayetteville Fire #91 etteville AR 1 $2,510, 000* • Fayetteville Polij�e adqua Facili ject I Fayetteville, AR $39,417,0 CMAR/GM ect • Mick e a son Fire ing C Springdale, AR 1 $2,805,900 CM Proje • ayet Razor` oad Improvements I Fayetteville, AR 1 $1 0,00 V" • Unive ' Arkansa` rough Commons Retail Shops I Fayetteville, AR 1 $4, 92,00 R/GMP Project • Oaklawn Re asino Resort I Hot Springs, AR I Cost Confidential CMAR/ Ject • Springd Public Schools Rollins Elementary I Springdale, AR 1 $20,466,500 CMAR/GMP Project • Broken Arrow Public Schools Senior High School I Broken Arrow, OK 1 $27,965,568 CMAR/GMP Project • Union Public Schools Elementary #14 1 Tulsa, OK 1 $15,000,000 CMAR/GMP Project • Tulsa Public Schools Booker T. Washington Field House I Tulsa, OK 1 $11,140,000 CMAR/GMP Project • Union Public Schools Elementary #14 - Phase 2 & 3 1 Tulsa, OK 1 $15,200,000 CMAR/GMP Project • Tulsa Technology Center - Phase II 1 Tulsa, OK 1 $53,000,000 CMAR/GMP Project * Denotes project with MBL Architects CITY OF FAYETTEVILLE NEW FIRE STATION I RFQ-22-12 \r LINTCO 1 5 Industry Experience 29 Years Years with Flintco 6 Years Education Coursework University of Utah Licenses/Certifications USGBC LEED Green Associate, DBIA Certified, AGC Conceptual and Square Foot Cost, AGC Advanced Print Reading, Planning the Estimate, Advanced Contract Law, AGC-ASPE Estimating Academy LEEU GREEN ASSOCIATE Klint Kimball Preconstruction Director Klint leads budgeting, estimating, value analysis and constructability review services as well as the planning and coordination of preconstruction activities with all team members. Klint is well versed at cost model development, as well as scope definition and bid packaging. He is skilleontract negotiations and adds valuable insight in the precoryst n phase of planning. Klint is thorough, systematic and efficien?kNtfdevelopment of the GMP. He also provides project developme Ise during the design phase to help define needs and determine � sed on his experience in project management and field operations. Key Experience . S�j • Fayetteville Police Headquar s Facility Project I Fayetteville, AR 1 $39,417,000 CMAR/GMP 'ect • Mickey Jackson Fir g Center I Springdale, AR 1 $2,805,900 CMAR/GMP Proj� • nl ' ara T Fayettevil le, AR University of Arlsantas Fra $12,264,4 CMAR/GM ect . Gent i I Maint Le Faci ' entry, AR 1 $2,000,000 CMAR/ GM ect • as Art emy H' hool Expansion & Renovation I Rogers, A 1 20,5 0 C Project • Fairvi entary S ool I Rogers, AR 1 $18,600,000 CMAR/GMP � Project • Bentonvillo ntary School #12 - Evening Star Elementary I Benton $18,900,000 CMAR/GMP Project • Oaklawn acing Casino Resort I Hot Springs, AR I Cost Confidential CMAR/GMP Project • Rogers School District - Athletics Improvements at Mountie High School I Rogers, AR 1 $21,000,000 CMAR/GMP Project • Crystal Bridges Museum of American Art - Lobby Enclosure, Parking and Shade I Bentonville, AR I Cost Confidential CMAR/GMP Project • Crystal Bridges Museum of American Art - The Momentary Bentonville, AR I Cost Confidential CMAR/GMP Project • Crystal Bridges Museum of American Art - SoMo Parking Garage Bentonville, AR I Cost Confidential • Walmart Home Office Food Hall I Bentonville, AR I Cost Confidential* * Denotes project with MBL Architects CITY OF FAYETTEVILLE NEW FIRE STATION I RFQ-22-12 \r LINTCO 16 Industry Experience 15 Years Years with Flintco 7 Years Education B.S. Construction Management John Brown University Licenses/Certifications OSHA 30, Associate Constructor, First Aid, CPR Bryan Bova Project Manager Bryan oversees the project team to assure quality workmanship is delivered timely and with fiscal accuracy. He prepares the preliminary schedule and assists the preconstruction manager with cost estimates, feasibility studies, and value analysis. He is responsible for writing and reviesubcontracts and purchase orders to ensure the scope of work forg de is accurate and complete. Bryan monitors all construction acti "s6 uality control, and the accounting process. He organizes and con ogress meetings with the owner and architect and ensures timely�ioon of all project issues. Key Experience nn•• — • Fayetteville Fire Station # 81 SlIville, AR 1 $2,374,000* • Fayetteville Fire Station #9 I F%etteville, AR 1 $2,510, 000* • Fayetteville Police Headqters Facility Project I Fayetteville, AR $30,000,000 CMA 0 Project • University of Ark Fra O ara Trek I Fayetteville, AR $12,264,450 CIV�R/ MP Proj • Universii .�kansa�SiirocL% acility I Stuttgart, AR $8,OO��CMARj •eenv-l y of Ar •len1�Qect dition I Fayetteville, AR I $750K* Drton, AR I $80,000,000 RogerrRoge�kW-121,000,000 &I Di t - Athletics Improvements at Mountie High School CMAR/GMP Project Springd ntary School 2016 (Knapp Elementary) I Springdale, AR I $1 �00 CMAR/GMP Project • TG Smith lementary I Springdale, AR 1 $1,500,000 CMAR/GMP Project • Gentry Public Schools Intermediate School I Gentry, AR I $9,000,000 CMAR/GMP Project • Fairview Elementary School I Rogers, AR I $18,600,000 CMAR/GMP Project • Bentonville Elementary School #12 - Evening Star Elementary I Bentonville, AR I $18,900,000 CMAR/GMP Project ■ Blake Street House I Bentonville, AR I Cost Confidential CMAR/GMP Project • Gentry Diesel Maintenance Facility I Gentry, AR I $2,000,000 CMAR/GMPProject * Denotes project with MBL Architects CITY OF FAYETTEVILLE NEW FIRE STATION I RFQ-22-12 \r LINTCO 17 Industry Experience 3 Years Years with Flintco 1 Year Education B.S. Construction Engineering Technology Oklahoma State University Licenses/Certifications First Aid, CPR Karina Jarzen Project Engineer Karina receives, evaluates and disseminates correspondence and other information between the owner, architect, trade partners and suppliers. He works hand -in -hand with the project manager reviewing and processing requests for information (RFI's), submittals, shop drawing(N d owner changes. Karina also assists the superintendent in ex.p trade partner and supplier deliveries, provides quality assurance 11 intains current construction documents. ��%► Key Experience �+ • Fayetteville Fire Station #91 FaYe , AR 1 $2,510, 000* • Fayetteville Police Headquai ility Project I Fayetteville, AR $39,417,000 CMAR/GMP Proje • City of Bentonville 28tt Park - Preconstruction I Bentonville, AR $7,388,000 • University of Ark -Br g ommd s Retail Shops I Fayetteville, AR 1 $4,392,000�# • Bentonv' a ool D' I 'c - as Junior High- Locker Room Remo ntonvi 1 $1,5 es prof M tects CITY OF FAYETTEVILLE NEW FIRE STATION I RFQ-22-12 \r LINTCO 18 Industry Experience 21 Years Years with Flintco 16 Years Education Master Welding Degree Dustin Maupin Superintendent Dustin oversees and directs construction, ensuring trade partner workmanship is incorporated on -time and with the expected level of quality. He works with the project manager to oversee operations and is the most familiarwith the plans, specifications, contracts and sub 'ttals. Dustin enforces jobsite safety, prepares and manages the cWa ntrol program, organizes and conducts weekly trade partner meet d inspects the work to verify construction conforms to the contrac ents. Key Experience • Fayetteville Fire Station #9 1 Faye , AR 1 $2,612,000 • Fayetteville Police Headquar e �a ility Project I Fayetteville, AR $30,000,000 CMAR/GMP Pro t Licenses/Certifications • City of Fayetteville Razorback Road Improvements I Fayetteville, AR First Aid, CPR $1,680,000 • University of Ark s - D ca venue Apartments Fayetteville, AR $13 363 000 CMAR GMP ro • Universi kans * ' e & R 4��Zravell Parking Lots y Fa ett 'OAR $1 0` • U i sty of Ar as: Ar Ave Sr Walk Replace Sidewalk /tea Ville, 30,0 • ��Iffiversitans Kansas Avenue Sidewalk Replacement Fayettevill+R 1 $01 0 • University of sas: Spin Class Room Renovation I Fayetteville, AR $64,000* Unive oi►Arkansas Fred W. Smith Football Center I Fayetteville, AR � $33,694, 4 CMAR/GMP Project • Northwest Arkansas Community College Shewmaker Center for Global Business Development I Bentonville, AR 1 $8,000,000 CMAR/GMP Project • Gentry Public Schools Multi -Purpose Athletics & Activities Facility I Gentry, AR 1 $3,974,000 CMAR/GMP Project • Springdale Elementary School 2016 (Knapp Elementary) I Springdale, AR 1 $16,900,000 CMAR/GMP Project • Springdale Public Schools Rollins Elementary I Springdale, AR 1 $20,466,500 CMAR/GMP Project • Oaklawn Restaurant and Lounge Remodel I Hot Springs, AR $10,170,000 CMAR/GMP Project * Denotes project with MBL Architects CITY OF FAYETTEVILLE NEW FIRE STATION I RFQ-22-12 \r LINTCO 19 TAB 3 Specialized and Past Experience Flintco is an industry leader in the CMaR delivery methol oriented approach for our clients. More than 85% of Flin Uing a solutions - work is CMaR. Flintco's construction management services are Communic olnd coordination are enhanced designed to provide the City of Fayetteville with througtn'cluding plementation of our innovative complete control and understanding of the project progr Lean 2.0, off -site construction status while placing the day-to-day management a ual Design and Construction (VDC), and control of trade partners in the experienced'siurinate surprises through systematic hands of Flintco's construction management anni , ttention to detail and superior project team. Under the Construction Manager at Risk manat tool drive the project to meet agreement, Flintco leads the constructiong.,e ce, V*6rivu dget a� dule safelywlthout sacrificing including design review, overall schedulin ♦` control, value analysis, constructabi Illy, atio_ of bid packages and construction addition, Flintco takes respons� obligation to deliver the projec Maximum Price (GMP), n � Vation.I N the fi I in a G eed P o �`` l '"s work and professionalism is rt to none,and we look foward to the unity of working with them again in ure." — Chad Wolf, Parks Director, Springdale Parks & Recreation The below chart ivsample of our recent gakernment projects executed under a GMP format that represents how Flin o s successfully delivered projects on -schedule, on -budget, while maintaining high customer satisr' Budget On -Time ProjectMet FContract ed E talmounmpletion �.�E Client etion Mickey Jackson Fire Training Center $2,805,900 $2,797,908 2/28/21 1/29/21 Yes Fayetteville The New School $9,114,009 9,101,776 1/31/16 1/31/16 Yes Springdale Rollins Elementary $20,492,359 $20,425,655 11/23/21 11/23/21 Bentonville Evening Star Elementary $18,900,000 $18,108,379 8/1/19 8/1/19 Yes School Arkansas Arts Academy High School $20,900,000 $20,900,000 4/1/19 4/1/19 Yes Expandsion/Reno Fairview Elementary School $18,600,000 $18,506,996 8/1/19 8/1/19 Yes CITY OF FAYETTEVILLE NEW FIRE STATION I RFQ-22-12 r '+ TCo 1 10 Mickey Jackson Fire Training Center Ahead of Schedule Construction forthe project began in June 2020, with Substantial Completion to be March 2021. Utilizing Flintco's LeanZW approach, our team completed the project 30 days ahead of schedule. Project Savings The project team worked with the Owner early in the project to identify a "Wish List" of additional work that they would like to have included in the project. As the project progressed and reached Additional ii e to enclose entire property the halfway point, Flintco's budget forecast • Build ' e on north and east sides of the property yp g indicated that there would be money available for • Additi0 I sidewalks on the north elevation additional scope. The project team was able to • E floors at apparatus bay, locker rooms, fulfill the city's entire wish list. rooms and showers diti al casework at lobby and bathrooms Solution to Supply Chain Issues ■ Pain As ng fire typing tower and storage facilities This project was impacted by manufacturing #* Pr vide dditid�rlorsign on the north elevation delays created from the COVID-19 pande 'T build �[ One was the overhead door for the app aay. e f1�1 ra hits at the lobby The team found a temporary solutio o �•' gp p y � n the apparatus bay closed so that I Pur install an extractor Inlshe could be completed to keep th ro movi Ad and plate atthe interiorrepellingarea d ecurity locks to the site gates forward. Even though the ovew door late, the team worked nd that s ditional exterior security cameras avoid major schedul d I V Provide additional thresholds and accessories in shower areas Ensuring Qualit)4 glient Satisfaction �`� Up -size floor drain at the extractors Flintco worke r Ive various issue i` ■ Add the Intrusion Detection System trade partner x ion in several discip s. For instances quality inspection conducted • Install power at the existing storage container by ou ee discovered that a 5' x 36' slab Install a new gravel lot for extrication training di eet the critical requirements of the Provide engineered drawings forthe future training pit s elevations. Flintco worked with the • Additional wall finishes in the classroom / safe room tra partner to tear out and re -pour the slab • Add chair rail in several areas of the building correctly, providing the owner a quality result which exceeded their expectations. • Add enhanced light fixtures in the shower rooms • Install a recirculation pump forthe hot water system • Re -stripe the existing parking spaces • Re -seed the entire site including the new site berms • Additional carpet at corridor • Change kitchen counter from plastic laminate to stainless steel • Upgrade corner guards throughout the facility CITY OF FAYETTEVILLE NEW FIRE STATION I RFQ-22-12 \r LINTCO 111 EXAMPLE: CUSTOMER SATISFACTION ►i CITY OF FAYETTEVILLE ARKANSAS November 17, 2022 To Whom It May Concern, �pYETTEVICC� FIRE O ❑eNT F D nRx I am very pleased to write this letter of recommendlintco, LLC. Flintco has been the general contractor for Fire Station 8 and FI Station 9 in the City of Fayetteville. Both stations were started in 2021 nearly se(s), usly. To complicate matters there was a complete re -design of the street'01T he stations. While we had major concerns about the scope of the m coorated efficiently and communicated thoroughly with all thou involved wer sponsive to questions and provided update we were >`a keep. a informed about the progress related to the project regul meet' h the owner, architect and contractor throughou c tion hal'0 trea problem -solving aspect. The high level of focus o ite saf94 was anot for that we are extremely proud of since both ons we�npleted workplace accidents. Overall, Flintco's pRil&gAionali4�Mn cotijn 755tion and willingness to have us involed with ry step oft ss made the entire project a pleasure to complete. We look f r 'bpportun les towi h them in the future. Sincerely omas A Good Assistant Fire Chief Fayetteville Fire Department Fayetteville, AR Mailing Address 303 W. Center St. Fayetteville, AR 72701 www.fayetteville-ar.gov CITY OF FAYETTEVILLE NEW FIRE STATION I RFQ-22-12 \r LINTCO 112 TAB 4 Schedule 15. FAYETTEVILLE FIRE STATION #10 ♦ O Page 1 of 4 RFP Schedule # Activity Name Start Finish 2024 Sep Oct Nov Dec Jan ar Apr May Jun Jul Aug Fayetteville Fire S tatic 2 3 4 5 • • Executed GMP 05Sep-23* Milestones Slab on Grade Complete 29-Feb-24 Building Structure Complete 13-Mar-24 ------- Exe ---------------- Led GMP ---------------- --------J----------------- ------------------ ------- -------- ♦ ----- ` j -------- 4 Slab on : ♦ Buil ---------'---------'--------- ---- --- ---------' -- ---------- • / r j ------------ ♦ Grade Complete Ing Strudture Complete --------'-------------- ♦ Building Dry Mn ♦ Conditioned Space ♦ j ♦ --------- I--------- --------- --------- j ubstantial;Completi ------------------- Certificate of Occupa ------------------- ♦ Final C 6 7 Building Dry In 16 Apr-24 g Conditioned Space 01 May-24 g Substantial Completion 20,1un-24 10 Certificate of Occupancy 21,Jun-24 11 Final Completion 31,1u1-24 12 • • • • ' • - Buildi ----- - ------------ - g P it --------- - - g Painter ac -------; --------'---------'--------- --------=--------- ---------'--------- 13 Building Permit 05Sep-Sep Trade PalnterContracls O5Sep-Sep Submittals & Shop Drawin O5Sep-Sep3 Material Procurement 31-0d-23 ( eb-24 Sap-23 26,Jan-24 Sitewo rk °` Grading Permit 05Sep-23 11Sep-23 14 15 16 17Construction"Sim ----- ❑ ------- tco 18 - g Permit --- --- --- - Moblize -------------------------- Strip Top�oi & Building Unde --- ------I--------- Rough Grade ---------- - Building Pad Construction: j j -- --- - --------------------------- ut -------------------- ----- -- Site Utilities -;-- - ----------------- ----------------- - j --- - ------------------ ------------------- j 19 20 Moblize 12Sep-23 25Sep-2 21 Strip Topsoi &Building Undelo 22Sep-Sep 26Sep-93 22 Rough Grade 27Sep-Sep 17-0ct-23 23 Building Pad cti 9 18-Oct-23 07- Nov-23 24 Site Utilities 14-Dec-23 26,Jan-24 zs Buil datlon/Slab 22-Nov-23 06-Mar--24 ----- ------- ----------------'---- --- - - NO Concrete -------------- M Pumbling-------SIdb- --------'--------- - Footings - Underlab -------- ----------------- ---------'--------- 26 Concrete ootings 22-Nov-23 05-0ec-23 27 Plumbling - Under Slab 06-Dec-23 19-0ec-23 ghmmmW Remaining Level of Effort Rem Work 9110mm-111111 Actual Level of Effort =3 o NearCrtt Rem Actual Work I RemainingNbrk CITY OF FAYETTEVILLE NEW FIRE STATION I RFQ-22-12 \rLINTCO 1 13 FAYETTEVILLE FIRE STATION #10 Page 2 of 4 RFP Schedule # Activity Name Start Finish 202 Sep ------ --------------- ------- Oct Nov Dec 0 Foundation 1 Fi M -------- ♦ j -------- - ----------- --------- Jan I Feb Stem Walls Protectio ecti14 Electricals - la ■ Cgnc rep Slab on Crete - Rour SOG --------;--------- lab Cure Area B - Polish Grind S I- SV ---- ------------ 0 Cdncrete - P -----------------'----- -- 4 Install TrenchDrains; I Concrete --------- ------------t 10 Slab Cu --------- ---- --'-------- Polish Ma Grade Area B ----------------------- a B -------------------------- - ---- Area B j -- ---- , p Slab do Grade Area A ------------------;-------- 1- f Pour SOS Area A Pour OG --------------- Area A; --------I- ------------- -Grind SOGArea A. Jul Aug ------------------ --------- -------- -------- --------- ---------------- 28 Foundation Stem Walls 06-Dec-23 11-Dec-23 29 re Protection -Under Slab Fire 14-Deo-23 15-Deo-23 30 Electrical - Under Slab 20-Deo-23 28-Deo-23 31 Concrete - Prep Slab on Grade Area B 08-Jan-24 16Jan-24 32 Concrete - Pour SOG Area B 17Jan-Jan 17Jan-24 33 Slab Cure Area B 18Jan-Jan 24Jan-Jan 34 Polish - Grind SOG Area B 29Jan-Jan 02-Feb-24 35 Concrete - Prep Slab on Grade Area A 07-Feb-24 15-Feb-24 36 Install Trench Drains 16-Feb-24* 21-Feb-24 37 Concrete - Pour SOG Area A 22-Feb-24 22-Feb-24 38 Slab Cure Area A 23-Feb-24 29-Feb-24 39 Polish - Grind SOG Area A 01-Mar-24 06-Mar-24 40 Building Structure 14-Dec23 13-Mar--24 ---- ------ -- �- ------ ----- ----- ------ - n ♦ ------- - ----- ---- -------- - -- �; ----------------------- ----------------- ------- '--------- j ------------------ j -------------------------- -- --- - j tall S ru �j- Column E or ♦ nstall Structural - -- --- ------ ■ Install Structure ----------------- 0 Install Framing ---------- 1 Install Comm Room ------------------'--------- 1 Prep/Pour Co ` Instal 1 Inst ■ Inst ---- ■ Inst ---------------- ---0 1 Install ------------------------- ■ RTU ------------------------- j j ■ I ristall ------------------------- CE -- j j ■ --------- -I -------- -------- --�- ---- j Beams -, --------- -I -------- Steel Roof Joists -------------------------- - Steel Roof Deckirig -------- ---------- V-------- & Sheathing; ------------------'-------- CMQ --------•----------------- m Room; Lid IntedorQMU -------- 311 Wood Roof Trusses/Deckin IIMoistureandAirOanier _-- II Clad Wood Wrncidws Clerestory Glazing Mason - Brick&CastSone rY --------;-------- Curb Install --------'----------------- Cerrientitious Paneling ------------------------- Roofing ' Insulatiori/Membra ---- --- RTU Install --------------------------- 1 Install Aluminum SF/Win 1 Ext2rior Building Lightin ■ Install Overhead Door 1 ExtdriorSigna0e ;Install Metal Panels ------------------ --------- --------- --------- --------- ---------'--------- --------- --------- --------- --------- --------- --------- --------- -- ---------; ---------;--------- ------------------ e ------------------- ow Frames & Glass 41 Install Structural Steel - Columns/Beams 14-Dec23* 18-Dec23 42 Install Exterior CMU 29-Dec-23 05Jan-Jan 43 Install Structural -Steel Roof Joists 29Jan-Jan 31Jan-Jan 44 Install Structural - Steel Roof Decking 01-Feb-24 06-Feb 05-Feb-24 01 r-2 r 05-Feb-24 F 45 Install Framing & Sheathing 46 Install Comm Room CMU 47 Prep/Pour Comm Room Lid 07-Feb-2 4 48 InstalllntedorCMU 01-Mar- -Aar-24 III Install Wood Roof Trusses/Deddng ! Building Exterior(Tar-24 Install Moisture and Air Barrier 1 11-Mar-24 3-Mar-24 A 50 25Apr- 04 r-24 12-Mar-2 Mar-24 124v1ar-24 51 52 Install Clad Wood Windows 53 Install Clerestory Glazing 13-Mar-24 14-Mar-24 54 Mason -Bride&Casts Masonry 13-Mar-24 -Ap 09 r- 55 RTU Curb Install 14-Mar-24 20-Mar-24 56 Install Cementitielfin 15-Mar-24 21-Mar-24 57 Roofing - Ins I n/M ne 21-Mar-24* 27-Mar--24 58 RTU Inst 21-Mar-24 27-Mar--24 59 Instal m SFNVindow Frames & GI 09-Apr-24 11 Apr-24 60 E o Lighting 10-Apr-24 12Apr-24 61 Instal erhead Doors 10-Apr-24 16Apr-24 62 ExteriorSignage 10-Apr-24 11Apr-24 63 I Install Metal Panels 12-Apr-24 25Apr-Apr CITY OF FAYETTEVILLE NEW FIRE STATION l RFQ-22-12 ?1LINTC0 1 14 FAYETTEVILLE FIRE STATION #10 Page 3 of 4 li Schedule # Activity Name Start Finish Oct Nov Dec 2024 Jan Feb Apr May Jun Jul Aug Sep 65 Building Interio 04-Mar-24 27Jun-24 Electrical ln-Wall 04-Mar-24 25-Mar-24 ------- --- --- ------ ----- --------------------------- -------- - j4 --- --- ----- it --------- _ ---- - - --------- --------- -------- ----------- - ----------- 0 ---- -- - ------------------ -------- ----------------------------- --------------------------- i s ; ------------------------- -----------------j--------- --------- -------- --------- --------------------------- ------------------ Electrical In -Wall Plumbing In-Wal &To -- - -- SprinMerOverhead Rough -In inIder---rhea -•---- - - Electrical &HVAC OH Wire Pull;& Equipment --------------- 1 MEP and Framing Ins ---- � Insulation and Erymall Energize & Test --------•----------------- Tade/Bed/Fi d1 Unit Start-up an ------------------------- Painting-Prirne ---------------- M: BedroomMili M; Install - Light ■ Polish C or M Floor & 4: Kitchen ■ Install 00 Paint I: ApplianceInstall ■ Instill ■ Da --------;----------------- M H ■ Int 1 Sea 4 I 1111110 -------------------------- 1 -------------------------- ■ --- ----- Out Rough -In; Terminations --------- --------- ections j ---------------- ish Drywall T&B --------- --------- and 1st Coat ---------, Fucturgs crete I Tile Casework: lumbing Fixtures ------- Final Coa Partitions &Acces --'---- and Security T m AC Trim but rior Glazing EP Trim (jut Floors stall LVT &Base Install Doors & Ha ---------'--------- Finallnspeptions ------------------- Paint -Touchup 66 67 Plumbing In-Wal &Top Out 14-Mar-24 15 Apr-24 Sprinlder Overhead Rough -In 14-Mar-24 274v1ar-Mar 6g Electrical &HVAC OH Rough -In 21-Mar-24 17 Apr-24 69 Wire Pull & Equipment Terminations 04-Apr-24 26-Apr-24 70 71 MEP and Framing Inspections 18-Apr-24 18-Apr-24 Insulation and Drywall 19-Apr-24 06-May-24 72 Energize & Test 29-Apr-24 03-May-24 73 Tape/Bed/Finish Drywall 30-Apr-24 15-May-24 74 Unit Start-up and T&B 30-Apr-24* 064v1ay-May 75 Painting -Prime and 1st Coat 09-May-24 17-May-24 76 Bedroom MilMrork 20-May-24 28-May-24 77 Install Light Fixtures 20-May-24 304May-24 78 Polish Concrete 20-May-24 23-May-24 79 Floor & Wal Tile 20-May-24 28-May-24 80 81 Kitchen Casework 24-May-24* 29-May- Install Plumbing Fixtures 29-May-24 04 -2 82 Paint -Final Coat 30-May-24 ,Ju 30-May-24 3 4 05,Jun-2 1 u -24 83 Appliance Install 84 I Install Partitions &Accessories 85 Data and Security Trim 10,Jun-24 Jun-24 ------ -- - ----- S6 HVAC Trim out n-24 Interior Glazing 0 n MEP Tdm-Out 10 -24 Seal Floors ,Jun-24 18,Jun- 87 13Jun-2 88 19Jun-24 89 90 11,Jun-24 Install LVT &Base 12Jun-24* 19Jun-24 91 Install Doors &Hardware 18,Jun-24 27Jun-2 92 Final Inspections 20Jun-24 21Jun-24 93 Paint -Touchup 20Jun-24 26Jun-24 94 Late Si 10-Apr- 03Jun-24 ------- ----- ----- ----- ------ --------- ! ------------------ ------- '-------- j --------- -------- ------- '--------- ------- ---------- --------------------- j j ----------I-------- -----------------' j j ---------I--------- ---------'---------;-------- -------------------------- ------------------------- M Site Grading - Final -------, ■ Concrete Curb ard ---------'------ 0 Qase & Co - --------- ❑ Site Sidewalks 1 Top Soil -------------------------- j ■ j Site Fenpe ------- j Gutter ; - crete Paying --------- --------- ---------'--------- 95 Site G rnal 10-Apr-24 23-Apr-24 96 Co t d Gutter 24-Apr-24 30-Apr-24 97 Base AConcrete Paving 01-May-24 21-May-24 98 Site Sidewalks 01-May-24 074May-24 99 Top Soil 08-May-24 094May-24 100 Site Fence 22-May-24 29-May-24 CITY OF FAYETTEVILLE NEW FIRE STATION I RFQ-22-12 \r LINTCO 115 FAYETTEVILLE FIRE STATION #10 Page 4 of 4 RFP Schedule # Activity Name Start Finish 2024 Sep Oct Nov Dec Jan Feb Apr May Jun Jul Aug 101 Landscaping 28-May-24 03-,Jun-24 ------- _ ------------------- -------- 00w Lands ------- --------- Site St'ping ping ---------'--------- and 8ignage 102 IL Site Striping and Signage 30 May-24 03,1un-24 ProjectClose• ut 103 104 Flintco Punch Certificate of Occupancy 20-Jun-24 20.Jun-24 21-Jun-24 ----- ------ ------ ----- ----- -------------------------- ------- ----------------- j j --------------- ------------------;------ - --------------- j ---------i----------- -- ------ j -------- ---------'-------- j j ----------------------- I ♦Certificate -------- j -------- •------- --------;-------- j ------------------ intro Punch of Occupa ------- --- Rough Clean Architect -- Final CI 1 Final C 105 106 Rough Clean 28.Jun-24 02.Jul-24 107 Architect Punch 03.J&24 24-Jul-24 108 Final Clean 25-Ju1-24 31Jul-24 109 Final Completion/End of Project 31-Ju1-24 31-Jul 24 -- o' V O P 1� V cj P o 01 O- CITY OF FAYETTEVILLE NEW FIRE STATION I RFQ-22-12 \r LINTCO 116 TAB 5 Additional Background Safety Lean 2.0 O Recognized as one of the nation's safest builders While Flintco has historically leam.0 by both the Associated Builders and Contractors exceeded the industry Better Construction and the Associated General Contractors, Flintco's productivity average and attrao talented safety program exceeds federal, state and workforce to staff our proj *N§jectsr implementation local OSHA requirements and demands total of Lean2.W has resulte surpassing our participation of our staff and trade partners. scheduling goals. TLINTCO With the adoption of an We manage an ali ain our project schedule LIFE enterprise -wide safety initiative g y P j branded Flintco 4 LIFE, our safety through etc tone, starting with the design LIVE INCIDENT FREE EVERYDAY program is even stronger. Flintco phase, I X n principles and the Last Planner° 4 LIFE — Live Incident Free Everyday — focuses System S). Our project teams use LPS for on process, practice and individual behaviors to pro ion and schedule management to: improve Safety. We explore how people think, feel and relate to Safety, and look at the role of the stablish milestone schedules organization in providing a safe work environment. De op haSep s that identify the ideal +squ ece or Ii ►es,rnilestone-to-milestone Recent Safety Achievements •EMIR is one ofthe BEST in the industS�w�a - ..�guce to ead/make-ready schedules 2021 ABC National Safety Excelle rd Gain ments from the Last Planners atthe n. w� anningstage Winner �J Designated as Diamond Levcd 2 iI r uct daily huddles to keep tasks on track Associated Builders a Contractor and Lean principles informing our daily Training Evaluation ro ABC ST ) - the �O approach to construction, our project teams highest level a corn pacan achieve from have embraced a proactive mindset to anticipate safety bench Tig system. `` challenges, and take corrective action before issues affect production, budget and the quality Hosting project -specific safety lunches provide an opportunity for Flintco safety personnel to review or demonstrate safety protocols with a captive audience, in addition to serving as a way to thank trade partners for their continued efforts to work incident and injury free. of your project. Weekly work planning is referred to as "commitment planning" because, at this stage, specific resource assignments are made so that work can begin unimpeded. Effective weekly work planning is the foundation upon which trust within the team is built. The Last Planner® System is an opposite way of thinking when compared to conventional `push' scheduling, which emphasizes starting workversus getting work finished in sequence at a steady, dependable pace. In contrast, LPS uses `pull' principles aimed CITY OF FAYETTEVILLE NEW FIRE STATION I RFQ-22-12 \r LINTCO 117 at delivering reliable work flow from one trade to the next. Last Planners communicate what they need with each hand off. The entire project team is engaged, working proactively to remove constraints so that work CAN and WILL be done as promised. Flintco utilized Lean and Last Planner Principles project when completed. It also reduces the final punch list significantly. Self -perform Opportunities - Flintco will bid some of the scopes within Title 61 bid laws. This helps keep the budget in line, trade partners competitive, and control, quality, schedule, and cost. on the following fire station projects: ■ Technology -Flintco uses Procore to measure • Fayetteville Fire Station No. 8 and 9 quality and accountability. Fi�Peam members • Mickey Jackson Fire Training Center gather information, no 2 I lencles and • Huntsville Fire Station No. 2 corrections, and log t �to the system from tablets — t cj es commissioning • Harris County Aldine Fire & Rescue No. 41oo information st4a gfrom delivery acceptance • City of San Marcos Fire Station No. 2 tests and pun ional testing. Cloud server LEED Experience access JOIIUthe owner and project team Flintco has been at the forefront of LEED, being me 3�dtrack progress, search the database one of the first four companies In the nation to be an cNte custom reports. Procore allows the certified as an ABC Green Contractor and has been rto see project performance in real time the recipient of sustainability awards for its business provides the project team with a powerful practices. Nationwide, Flintco has constructed qual' ontrol tool that identifies issues and over 70 projects built to LEED Certified, Silver assi s ccoun ity before the schedule is or Gold Levels with numerous other LEED projects � i lot ed. P formation is integrated awarded, in design or under construction. Flintco &omm'�the Bi del and collects data for also has 48 LEED Accredited Profe i Is on o Ing and future facilities management. �� W' ore the project staff develo s rolling staff including Preconstruction Sire. r, Mintj� p j p Kimball who will be on your Wojeciv v ists to identify non -conforming work, with to documentation that can be linked noting e location on electronic plan documents. The �d �O items to be corrected are then electronically EEEO EERTIFEO tEE05iE R UEEO G0�0 NUM -^ assigned to trade partners and corrections are verified when completed. Quality Contl 14 At Flintco em y several different strate ies to BIM tools allow our project team to digitally identify, track, and ensured ua project to all the stakeholders. correct issues in the field before they impact the project. eAke Conditions of Satisfactions (CoS) - This IilCe_57practice gets all stake holders involved up front and expectations are known to ensure that the work is executed in a mannerthat meets or exceeds the standards established for the project. Weekly Walks - We will walk the site with the team to identify any items that need attention. This is then put on a rolling punch list and these items are monitored/completed. This helps control quality and insures a timely quality CITY OF FAYETTEVILLE NEW FIRE STATION I RFQ-22-12 \r LINTCO 118 Prior Experience Constructing Similar Project Types Flintco has successfully built $300 million in fire stations and first r PS10nder facilities, along with an extensive record of comparable specia V overnment ro ects. p J Our extensive experience in constructing first Flintco has also competed seven total projects with responder facilities along with our recent MBL Architect ?-ye are proposing our same team experience building Fayetteville's Fire Station No. of constr* ' rofessionals, who successfully 8 and No. 9 allows us to hit the ground running. collabc& ith MBL to deliver your previous We have a direct understanding of the city's two fie tions. Our long-standing relationship of expectations, systems and procedures, and are very col larating successfully together translates to familiar with the location of the new fire station. sitive construction experience for the City of etteville. Our strong local trade partner relationships also allows us to provide the best value. CITY OF FAYETTEVILLE NEW FIRE STATION I RFQ-22-12 "INTCO 1 19 TAB 7 Understanding of Preconstruction Services Ninety-five percent of project savings are OUR EX SE: achieved during the preconstruction phase. We '�� can help you maximize every dollar. 11&0►management As ideas are discussed, Flintco will work with HJ'Coordination the M BL Architects to implement the most cost- :V ite Utilization and Logistics Planning effective building solutions to the programing ne q, 4edule Development of the Cityof Fayetteville. We will work with MBL stima ' & Modeling f�onstr . yAnalysis to explore options and run "what -if " scena ' s off the fly so that no design or programing id t unexplored. V' The meaning of Guaranteed Maxi Ice (GI� • is more than just a contractual er at defiMS our "not to exceed" project valu Gu ra e Maximum Price as pre e bnFlintco lud� all Cost of the Work a fi d by the AIA A133 Article 6. We pre e$ur MP with full tra� y d 111 d FI' t ning & Development yAnalysis & Control —I ., �I .,��,�ership Analysis Trade Partner Prequalification WMBE/HUB Outreach 1n min , a %J caner an 1n c o 1 ss OUR TOOLS: both inclusionexclusions. The GMP my si d amende Qefined esult of allowable additions or dele ' in the Contract. ■ esponsible forthe GMP. Flintco works to exc d expectations while delivering the project from original concept through completion. We • believe it is our responsibility to maximize your construction dollar. By collaborating with the design team and ourtrade partners, Flintco delivers the maximum amount of building/programing within the total GMP. Building Information Modeling Proprietary Cost Data Base Primavera P6 Assemble Laser Scanning Thermal Imaging Drone Imaging & Scanning . Coordination Clash Detection • Lean 2.0 CITY OF FAYETTEVILLE NEW FIRE STATION I RFQ-22-12 \r LINTCO 120 Mutual trust is the basis for any relationship. Flintco has been fostering relationships in the Northwest Arkansas community for more than seven decades. This has allowed us to create a deep pool of `tried and true' trade partners that have proven theirvalue project after project. We work with the design team to prioritize the items that have the greatest impact on the final GM for your project. Trend estimates, our assumptions/ clarifications and constructability reviews, help confirm thatthe contract documents and the GMP align with your objectives. Flintco will take a hands-on approach from the We develop trade partner interest in the project initial phases of preconstruction. Our strong and divide the trade work into as any separate industry relationships from seven decades in the Packages as is practical. T :e t e work is region allow Flintco to involve our trade partners in divided, the more clearly e� of the work is the constructibility reviews and value analysis early defined. This also incre e opportunity to in the process. The Flintco team, in conjunction include smaller, P toi , partners as well as more with our local trade partners, will add value to minority and smaC3ness. We tabulate the bids your project by making informed construction and make co��nts and recommendations. The recommendations that will have direct impacts on low re M i*IZ�fdder is interviewed to ascertain schedule and budget. bid co Less, as well as understanding of the scop of e work. Our preconstruction process unifies design, engineering, and construction to ensure that Approach the project is thoroughly planned, budgeted and app ach to billing includes the use of the built on paper priorto the start of construction. A133 0 Stand Form of Agreement Between We provide value analysis, insight and crea ' #* Ow r a Co 1W. n Manager as Constructor recommendations that maintain your bu r l fhe ba ayment is the Cost of the Work schedule, and architectural desig$ie a Fee I Guaranteed Maximum Price. The 13 oordinated for use with AIA Document V A20 7, General Conditions of the Contract for cj ction. Mickey Jackson Fire Training Center $2,781,269 $2,814,434 (0.12%) Rogers School District $27,001,421 $26,890,705 (0.41%) Athletic Facilities 1 Gentry Sports Complex $4,107,906 $4,067,820 (0.99%) CITY OF FAYETTEVILLE NEW FIRE STATION I RFQ-22-12 \r LINTCO 121 Records on Similar Projects &N 22 SF / per Station No. 8 - August 2022 No. 9 - June 2022 Fayetteville f Irb Stations t 8 and No. 9 Ile ire s the contractor for two Ire stations for the City of stations have the same layout which includes two apparatus ess room, two offices, six bedrooms, five bathrooms, a laundry a kitchen. The project was built to LEED Silver. CITY OF FAYETTEVILLE NEW FIRE STATION I RFQ-22-12 \r LINTCO 1 22 AFIAN I Fayette i Police He quarters Fayette III A Th police headquarters forthe City of Fayetteville Police Department i ed as a LEED certified building and includes additional support bui ings and an indoor shooting range of approximately 25,000 SF. The site is up to 10 acres and will include approximately 230 secured parking spaces and 77 public spaces. The project is being built for LEED certification. PROJECT SIZE 56,000 SF CONSTRUCTION TYPE New COST $39AM ;Fry ED COMPLETION 023 CITY OF FAYETTEVILLE NEW FIRE STATION I RFQ-22-12 \r mITCO 123 PROJECT SIZE 10,000 SF CONSTRUCTION TYPE New COST $2.8M COP021 ION DATE Ja - - New Fire Trainint �11 — - Thi 9,200 SF fire training center was designed to accommodate various s sses and events, as well as offices and support spaces for training sta . It features two large classrooms, a skills and lab room and office space. The facility also features a single apparatus bay, fitness center, safe room, guest work stations, lockers & showers, full kitchen, and built-in props for bailout training. If needed the building can function as another fire station or command center. The live burn tower features expansive areas used for driver training, technical rescue, and apparatus pumping. Flintco delivered this project on budget and 30 days ahead of schedule. CITY OF FAYETTEVILLE NEW FIRE STATION I RFQ-22-12 \rLINTCO 124 City of I Lawton, OK FIRE STATION ONE MMMMMM =- ___ !� V on Public Facility This 72 0 comprehensive municipal building houses the city's police hea r , courts, jail and central fire station. It features 350 work s I n nd holds 126 inmates with future expansion opportunities to hold m than 300 inmates. The structure is unique in that it is made up of multiple structural systems for different parts of the building. The systems include: pre-engineered metal building, structural steel, pre -cast concrete panels and modularjail cells. The facility is located in the highest seismic region of Oklahoma, so the facility is designed to withstand major earthquakes and other natural events. PROJECT SIZE 72,000 SF CONSTRUCTION TYPE New COST $34.8 M COM�ION DATE Ap� • u` CITY OF FAYETTEVILLE NEW FIRE STATION I RFQ-22-12 \r LINTCO 125 Harris County Aldine Fire Station No. 41 - Houston, TX $4.5M I Completed July 2021 The new 16,000 SF, single -story fire station provides the department with office, living, sleeping, work, and response vehicle storage areas. Flintco is also currentl structing the Harris County ESD 24 Administrati i Ing, which will house the fire department comman nd administrative personnel. Flintco delivered the under budget. City of Huntsville Fire Station No. - Huntsville, TX The new 16,750 SF fire facility features an administration Z44 building, three-story training tower with ladder, and %9) training areas. The new station also houses storagNsrthe i0ties,Q decontamination areas, and updated living quart irei fighters. P V 1� Cj n v l 9 San Marcos Fire No. 2 - San Marcos, TX 7M I Completed November 2020 The new two-story, 14,000 SF fire station features a three - vehicle apparatus bay, an emergency services dispatch area, training space and break rooms. The fire station replaced the I existing aging structure that opened in 1954. The new Fire Station No. 2 was constructed on a site on vacant city -owned land in San Marcos. CITY OF FAYETTEVILLE NEW FIRE STATION I RFQ-22-12 \r LINTCO 126 Owner Verification & Contact Information Fayetteville Fire Stations No. 8 and No. 9 OWNER REFERENCE Thomas Good City of Fayettevi (479) 718-7637 tgood@f2yettel.11e-ar.gov ENCE balker ► chitects 443-7121 f!rallllkeyJac son Fire nin�Cente *WNj�;9EREQj us City of Sp^rii (479 4F 50 d springdalear.gov ARC ITECT REFERENCE Ashley Mauldin Crafton Tull and Associates (479) 636-4838 ashley.mauldin@craftontull.com Gentry Intermediate School OWNER REFERENCE Terrie Metz Gentry Public Schools (479) 736-2253 tmetz@gentrypioneers.com ARCHITECT REFERENCE Mark Haguewood Hight -Jackson Associates (479) 464-4965 mhaguewood@hjarch.com CITY OF FAYETTEVILLE NEW FIRE STATION I RFQ-22-12 \r LINTCO 1 27 TAB 10 Current and Projected Workload We have the resources available to commence work immediately upon selection. j obs �o .G V Your team - Project Director Chad o , Proje ager ova, Superintendent Dustin Maupin, and Project Engineer K rzen the c c and resources available to them to manage the construction of th Cit f Fa ett vl e s n e tation. Preconstruction Director Mint v Kimball leads our preconstruct ffort th full �rt of our local Preconstruction Department, which is structured to fa at multipl is Si taneously. Our philosophy is that wNn preconstructioQ i ctive and performed at a high level, it sets the foundation fors �In the field. our rkload allows ourteam to commence this effort forthe City of Fayett immediately. A Walmart Home Office Food Hall - July 2023 Artspace SOMO Lofts - July 2023 Walmart Home Office Fitness Center - December - 2023 Bentonville West High School Additions - December 2023 Saracen Casino Resort Phase II - April 2024 The Compton Hotel and Retail - June 2024 Quilt of Parks - August 2024 Crystal Bridges Museum of American Art Phase II Expansion - March 2026 CITY OF FAYETTEVILLE NEW FIRE STATION l RFQ-22-12 \r LINTCO 128 TAB 11 Current Maximum Bonding Capacity and Rate TRAVELERS?' One Tower Square Hartford, CT 06183 January 5. 2022 Re: Flimco, LLC, (a subsidiary of Alberici) 323 E. Reconciliation Way Tulsa, OK 74120 Richard W. DuPont Managing Director, Co�Ie Bond &Specialty Insur(314) 579-8315 (314) 579-8388(ffaaxx) 940 West P I ouis, MO 63146 ♦ �V V To Whom This May Concern, ` We are pleased to share with you our experience as surety fssN'rl" co, LLC, a subW nsider Alberici one of our outstanding and most valued clients in whom a haveRfle highest confi ce. T years Alberici has, in our opinon, remained property financed, well p jL and capably, sedrnal credit system, we rank Alberici's financial strength and condit(o M of. Very fs status and it reflects how well run the company is in several fa�j 0N — IF Travelers current A.M Best rating is bonds in the state of Arkansas. has a reinsurance agreement " Treasury, provide Traveler asua beyond its $209 million sinXe riskj Affirms that, in the event I � jAmerica is prepared to pi 0 to 100% of the contract e'Rt of insurance and authorized to issue bsidiary of The Travelers Companies, companies, which are licensed by the ly $2 billion in capacity above and iUffal work programs on behalf of Alberici in excess of s information is provided only for general evidence of not intended to represent the maximum bonding capacity Nd be selected for proposed Project, Travelers Casualty and Surety td erformance and Payment Bonds on behalf of Flimco, LLC covering our normal underwriting requirements at the time the request is made. enjoys an excellent reputation of meetMg all oftheir responsibilities and obligations in a professional manner and has a of repeat customers because of their fine results. Travelers places a high level of confidence in Alberici's financial , technical expertise, integrity and ability to select projects. It is our privilege to recommend Flintco, LLC, as a subsidiary Sincerely, Travel unity an Surety Company of America By. 1. Richard W. Du -Font, Managing Director, Construction Services The undersigned declares under penalty of perjury that the above statement(s) submitted is true and correct and that this declaration was executed in St. Louis County, Missouri. Signed, sealed and dated this 55th day of January, 2022 By: pj� f 14� X / YCA Cheryl L Mc leenan - Notary Public oipgK P& CHERYL L MCALEENAN My Commission Expires May 15, 2024 SEAL. �OFM1 St. St. Louis County Commission#12487106 CITY OF FAYETTEVILLE NEW FIRE STATION I RFQ-22-12 \r LINTCO 129 TAB 12 Proof of Licensure License No. 1976870623 ID #233 State ofArkansas `� 'O Commercial Contractors Licensing Boar�� 8800 PAGE AVE �✓) ST LOUIS, MO 63114 w This is to Certify That F Tel c is dale licensed under the provisions of zrk. �" Ann. § 17-25-101 et. seq. as amended and is entitled to practice Contr in the State of Arkansas within the following classifications/specialt' s. BUILDING <) - (COMMERCIAL & RESIDENTIAL) MUNICIPAL & UTILITY CONSTRU N ' ♦ + ♦ 4 &I o G � P o Contractor has ar. unlir.: to uggested bid limit. from May 20, 2022 until June 30, 2023 when this Certificate expires. Witness our hands of the Board, dated at North Little Rock, Arkansas: r CHAIRMAN C� SECRETARY May 20, 2022 - dsa CITY OF FAYETTEVILLE NEW FIRE STATION I RFQ-22-12 \r LINTCO 13O TAB 13 Required Forms CITY OF FAYETTEVI LLE ARKAN AS City of Fayetteville, AR Purchasing Division, Room 306 113 W. Mountain Street FayettevR 72701 Phon 575-8256 TDD (Telecommunication Device fow;*,%ar:479.521.1316 RFQ 22-12: Construction Manager at Risk for New Fir"Iflon DEADLINE: Tuesday, December 13, 2022 prior to 2:00A0 M, local time PRE -PROPOSAL CONFERENCE: Tuesday 11/29/22 Q`' W. PM — via Zoom DELIVERY LOCATION: Electronic via the City's 1�Bidding Portal PURCHASING CONTACT: Amanda Beilfuss, ab ilf s@fayetteville-ar.gov DATE OF ISSUE AND ADVERTISEMENT: 11 , 11/21/22 & 11/22/22 Late qualification it notapted. I RFQ's shall be submitted in accordance2'e attache �ayettewl sAwifications and RFQ documents attached hereto. Each Propos0sro fill in e ank an pply all information requested; failure to do so may be used asn. Any�3 ent of is tion will be rejected that violates or conflicts with state, local, or feordinany��l�11_ olicie� The undersigned hereby offerswish & deli r ticles or, as specified, at the prices & terms stated herein, and in strict accordance with t specifications an e nditions of su ing, all of which are made a part of this offer. This offer is not subject to w[hdJ3waJkjjnless upon itten 4P22ment by the Proposer/Bidder and City Purchasing Manager. Name of I �_ ct 4rson r Flintco. LLC Brent Farmer Title: Vice President / Area Mana E-Mail: bfarmer@flintco.com Phone: (479) 306-6259 Business Address: 184 East Fantinel Dr. City: Springdale State Signature: City of Fayetteville, AR RFQ 22-12, CMAR for New Fire Station Page 1 of 25 Zip Date: 12/13/22 72762 CITY OF FAYETTEVILLE NEW FIRE STATION I RFQ-22-12 \r LINTCO 131 City of Fayetteville RFQ 22-12, CMAR for New Fire Station 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: Flintco, LLC NUMBER OF YEARS IN BUSINESS: 114 Years HOW LONG IN PRESENT LOCATION: 71 Years TOTAL NUMBER OF CURRENT EMPLOYEES: 674 FULLTIME 660 PART TIME 14� ♦ ONUMBER OF EMPLOYEES PLANNED FOR THIS CONTRACT: 3 FULLTIME 2 PARTTIME �` PLEASE LIST FOUR (4) REFERENCES IN WHICH CMAR HAS PREVIOUSLY PERFORMED CONTRAC OR WITHIN THE PAST FIVE (5) YEARS FOR PROJECTS OF SIMILAR SCOPE AND SIZE (All fields must be completed): 1. City of Fayetteville 2. City of B nville COMPANY NAME COMP4§11e, ��1Vj Fayetteville, AR 72701 AR 72712 CITY, STATE, ZIP CITY STA , ZIP Thomas Good L� avid Wright CONTACT PERSON NTACT PERSON (479)718-7637 7 464-7 TELEPHONE +EPO E/i,-7nN 6 9n� FAX NUMBER tgood@fayetteville-ar.gov E-MAIL ADDRESS 3. City ofSpringdale �O COMPANY NAME Springdale^ 74f764 ♦`� CITY, STATE, ZI� Ch olf CON T PE�SON 79)750-8185 ONE (479) 750-8559 FAX NUMBER cwolfpspringdalea r.gov E-MAIL ADDRESS City of Fayetteville, AR RFQ 22-12, CMAR for New Fire Station Page 13 of 25 bentonvillear,com 4. Gentry Public Schools COMPANY NAME Gentry, AR 72734 CITY, STATE, ZIP Terrie Metz CONTACT PERSON (479) 736-2253 TELEPHONE 479)736-2245 FAX NUMBER tmetz@gentrypioneers.com E-MAIL ADDRESS CITY OF FAYETTEVILLE NEW FIRE STATION I RFQ-22-12 FIIINTCO 1 32 City of Fayetteville RFQ 22-12, CMAR for New Fire Station SECTION C: Signature Submittal 1. DISCLOSURE INFORMATION Proposer shall disclose any possible conflict of interest or disclose any financial interest with the City of Fayetteville, including, but not limited to, City of Fayetteville employees. Proposer response shall disclose if a known relationship exists between any principal or employee of submitting firm or its team members or sub -consultants, and any City of Fayetteville employee, or elected City of Fayetteville Official. _�k • If, to your knowledge, no relationship exists, this should also be stated in your respons e to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of you; nse. This form must be completed and returned in order for your bid/proposal to be eligible for considerat'•� PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRIATELY LIES TO YOUR FIRM: X 1) NO KNOWN RELATIONSHIP EXISTS •`� 2) RELATIONSHIP EXISTS (Please explain): A. I certify that; as an officer of this organization, or p t e atta ed tter of a orization, I am duly authorized to certify the information provided hVein is acc ate d tr y organization shall comply with all State and Federal Equal Opportu y nd Non- iS tionr ents and conditions of , N employment. 2. PRIMARY CONTACT INFORMATI At the discretion of the City, ne ore fir ay be more detailed information before final ranking of the firms, which mo inclu enter s NOTE: Each Proposer shall submit to the City a primary contact name alll address one ber (preferably a cell phone number) where the City N-anVI selection committe for clarific ion or i w via telephone. Corporate N ` /rm: Flintco ILL Primar Co act: Brent Farmer e Primary Contact: P ne#1 (cell preferred): Vice President, Area Manager 479) 879-7313 cell Phone#2: (479) 306-6259 office E-Mail Address: bfarmer@flintco.com City of Fayetteville, AR RFQ 22-12, CMAR for New Fire Station Page 14 of 25 CITY OF FAYETTEVILLE NEW FIRE STATION I RFQ-22-12 \r LINTCO 133 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 PRIN ED NAME DATE ACKNOWLEDGED 1 Brent Farmer 12/2/22 5. DEBARMENT CERTIFICATION As an interested party on this project, you are required to pp ebarment/suspension certification ati Qon can be done by completing and indicating compliance with the below Federal Executive Orderq signing this form. Federal Executive Order (E.O.) 12549 "Debarment an 5nsion" requires that all contractors receiving individual awards, using federal funds, and all sub nts certify that the organization and its principals are not debarred, suspended, proposed for de t, de^ Ineligib or voluntarily excluded by any Federal department or agency from doing business ith the al Gov nt. • r prin ' i presen' arred, suspended, proposed for Signature certifies that neither you R"ly0exc1l debarment, declared ineligible, or vid om pa i on in this transaction by any federal department or agency. V 6. Pursuant to Arkansas CodeQnn!tecl §25 - 3, th �or agrees and certifies that they do not currently boycott Israel and oy tel du g ny time in which they are entering into, or while in contract, with any, li entity as i�wZ�d in § -5 3. If at any time during contract the contractor decides to boycot ra he contrac r must he contracted entity in writing. public .� 7. SUB CONSUL AND TEAM INFORMA Proposer hereb ertifies that proposals fr< the following consultants were used in the preparation of this nt statem ualification. Proposer shall attach additional pages if necessary. This section only applies if C posing a sub consultant for estimating, scheduling, accounting/payroll and non -construction trade v S. T e of Work: N/A Subcontractor's Name: Arkansas License No: Address: City of Fayetteville, AR RFQ 22-12, CMAR for New Fire Station Page 15 of 25 CITY OF FAYETTEVILLE NEW FIRE STATION I RFQ-22-12 \rLINTCO 1 34 Date Firm Established: Percentage of Work: _ Type of Work: N/A Subcontractor's Name: Arkansas License No: ^ Address: Date Firm Established: Percentage of Work: Questions regarding this form should be directed to the City of NAME: Brent Farmer COMPANY: Flintco, LLC PHYSICAL ADDRESS: 184 Fantinel Dr., Springdalel�l I MAILING ADDRESS: 184 Fantinel Dr., Skfoikclale, A TAX ID#: 27-3321079 PHONE: (479) 879-7313 c ) 306 E-MAIL: bfarmer@flLkco.com ts ng Division. 76 UEI#:TDMB4CJ16 ice \9AX: (479) 750-4690 ARKANSAS CONTRACI NSTEICENSE NO: 197 DV-22 ARKANSAS S ET OF STATE FILING 0188970 Si ned iPTURE: NTED NAME : Brent Farmer TITLE: Vice President, Area ManaLyer DATE: City of Fayetteville, AR RFQ 22-12, CMAR for New Fire Station Page 16 of 25 CITY OF FAYETTEVILLE NEW FIRE STATION I RFQ-22-12 ?'uniTco 135 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 22-12 with Flintco, LLC for pre -construction services for the relocation of Fire Station 2 in an amount not to exceed $30,000.00, and for construction services with a guaranteed maximum price to be determined with future change orders. COUNCIL DATE: 3/7/2023 ITEM ID#: 2023-429 Noll y Black 217312023 2:49 pNl 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 4710.860.7999-5899.00 (30,000) - 46100 7999 EX Unallocated - Budget 4710.860.7110-5804.00 30,000 - 46100 7110.8040 EX Building Costs 1 of 1