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HomeMy WebLinkAbout75-23 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 75-23 File Number: 2023-507 Construction Manager at Risk Services Contract with Crossland Heavy Contractors: A RESOLUTION TO AUTHORIZE A CONSTRUCTION MANAGER AT RISK SERVICES CONTRACT WITH CROSSLAND HEAVY CONTRACTORS, INC., IN AN AMOUNT NOT TO EXCEED $38,950.00, PURSUANT TO RFQ 23-02, FOR THE LAKE FAYETTEVILLE SOFTBALL IMPROVEMENT PROJECT 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 Crossland Heavy Contractors, Inc., in an amount not to exceed $38,950.00, pursuant to RFQ 23-02, for the Lake Fayetteville Softball Improvement Project. PASSED and APPROVED on March 21, 2023 Page 1 Attest: t,.01111! a p r rr ►1�� % �.,�:1.•' SIT 1' �� ,•qcP�' J ■r . Kara Paxton, City Clcr Treasurer — -• y f f City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 - Legislation Text File #: 2023-507 Contract with TBD for Construction Manager at Risk (CMAR) Services for the Lake Fayetteville Softball Improvement project. A RESOLUTION TO AUTHORIZE A CONSTRUCTION MANAGER AT RISK SERVICES CONTRACT WITH CROSSLAND HEAVY CONTRACTORS, INC., IN AN AMOUNT NOT TO EXCEED $38,950.00, PURSUANT TO RFQ 23-02, FOR THE LAKE FAYETTEVILLE SOFTBALL IMPROVEMENT PROJECT 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 Crossland Heavy Contractors, Inc., in an amount not to exceed $38,950.00, pursuant to RFQ 23-02, for the Lake Fayetteville Softball Improvement Project. Page 1 Byron Humphry Submitted By City of Fayetteville Staff Review Form 2023-507 Item ID 3/21/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 3/2/2023 PARKS & RECREATION (520) Submitted Date Division / Department Action Recommendation: Staff recommends approval of a contract with TBD, in reference to RFQ 23-02, to provide CMAR services related to the Lake Fayetteville Softball Improvement project for a not to exceed fee of $XX,XXX.00. Budget Impact: 4705.860.7505-5315.00 Parks Project 2022 Bonds Account Number Fund 46050.7505.1000 Lake Fayetteville Improvements, Softball Fields Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? No Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 13,436,379.00 $ 2,437,552.04 $ 10,998,826.96 ` 10,998,826.96 V20221130 Purchase Order Number: Previous Ordinance or Resolution # 224-22 Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF W41iFAYETTEVILLE ARKANSAS MEETING OF MARCH 21, 2023 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director Terry Gulley, Asst Public Works Director - Ops FROM: Byron Humphry, Parks Maintenance Superintendent DATE: CITY COUNCIL MEMO 2023-507 SUBJECT: Contract with TBD for Construction Manager at Risk (CMAR) Services for the Lake Fayetteville Softball Improvement project. RECOMMENDATION: Staff recommends approval of a contract with Crossland Heavy Contractors, Inc., in reference to RFQ 23-02, to provide CMAR services related to the Lake Fayetteville Softball Improvement project for a not to exceed fee of $38,950.00. BACKGROUND: On October 4, 2022, City Council approved Resolution 224-22 to enter a contract with Crafton Tull & Associates, Inc. to provide professional architectural and engineering service associated with the design of the Lake Fayetteville Softball Improvement project. Crafton Tull is currently working through the preliminary design of the softball complex renovations. In late March, Crafton Tull will begin the process of refining the plan into the final design. At this point it becomes critical for project success to have construction management services available to evaluate design, suggest localized construction methods and materials and provide costs to various design elements. DISCUSSION: On January 22, 2023, the City of Fayetteville advertised RFQ 23-02 and accepted requests for qualifications from construction management companies to provide CMAR services for the Lake Fayetteville Softball Improvement project. On February 23, 2023 a selection committee made up of City staff and elected officials reviewed submittals from four construction management professionals that responded to the request for qualifications and short listed the applicants to two companies. On March 9, 2023, the selection committee interviewed the two companies. The committee selected and negotiated a contract with TBD to complete this task. The scope of work for the CMAR will be split into two phases: The contract for consideration at this time is Phase 1 only and will consist of preconstruction services. This will include working closely with Crafton Tull to provide timely cost estimating for construction methods and practices and material selections. This estimate will be used to establish the construction budget. Phase 2 will commence upon the completion of the final design of the Lake Fayetteville Softball Improvement project. The City with negotiate the final construction cost which will be reflected in the Guaranteed Maximum Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Price (GMP). The GMP proposal will include all cost associated with the construction of the Lake Fayetteville Softball Improvement project. BUDGET/STAFF IMPACT: The maximum not -to -exceed amount authorized for Phase 1 for preconstruction services for this agreement is $38,950.00. Phase 2 of this project is contingent upon City Council approval of the GMP change order proposal. ATTACHMENTS: SRF - CMAR Lake Fayetteville Softball, RFQ 23-02 CONTRACT, Updated SRF - CMAR Lake Fayetteville Softball, Updated SRM CMAR Lake Fayetteville Softball Improvements, Updated RFQ 23-02 Combined Final Contract - Signed Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CITY OF FAYETTEVILLE A R KA N KAs CONTRACT FOR PROFESSIONAL SERVICES CONSTRUCTION MANAGER AT RISK RFQ 23-02, CMAR — Lake Fayetteville Ballfield Renovations between City of Fayetteville, Arkansas and TBD THIS AGREEMENT is made this day of , 2023, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE or CITY) and TBD (construction manager at risk, hereinafter called CMAR, Construction Manager, or TBD 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. TBD's Tax identification number (TIN) ending in #### ii. TBD's Arkansas Contractor License No. ######## iii. TBD's Secretary of State Filing No. ########## b. Parties agree to act on the basis of mutual trust, good faith, and fair dealing, and perform in a fiscally responsible and timely manner. Parties shall each endeavor to promote harmony and cooperation among all Project participants. 2. Entire Agreement and Exhibits: This Agreement sets forth the entire agreement and understanding between the parties on the subject matter of this Agreement. Neither party shall be bound by any conditions, definitions, representations or warranties with respect to the subject matter of this Agreement other than those as expressly provided herein. a. Appendices included under this agreement include the following: RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 1 of 25 Last Revised 02.24.23 i. Appendix A: Scope of Services ii. Appendix B: CMAR Fee Schedule iii. Appendix C: RFQ 23-02, Construction Manager at Risk for Lake Fayetteville Ballfield Renovations iv. Appendix D: TBD's Response to RFQ 23-02 v. Appendix E: TBD'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 23-02 (d) City's published RFQ 23-02 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. TBD: Attention: Name of Contact, Full Address of Selected Firm 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. RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 2 of 25 Last Revised 02.24.23 v. WORKSITE VISIT: Construction Manager acknowledges that it has visited, or has had the opportunity to visit, the Worksite to visually inspect the general and local conditions which could affect the Work. vi. Construction Manager shall perform cutting, fitting, and patching necessary to coordinate the various parts of the Work and to prepare its Work for the work of City or Others. 1. Cutting, patching, or altering the work of City or Others shall be done with the prior written approval of City and Design Professional. Such approval shall not be unreasonably withheld. vii. COMPLIANCE WITH LAWS: Construction Manager shall comply with all the Law at its own cost. Construction Manager shall be liable to City for all loss, cost, or expense attributable to any acts or omissions by Construction Manager, its employees, subcontractors, suppliers, and agents for failure to comply with Laws, including fines, penalties, or corrective measures. 1. CHANGES IN THE LAW: The GMP, estimated Cost of the Work, Construction Manager's Fee, Date of Substantial Completion or Date of Final Completion, and, if appropriate, the Compensation for Preconstruction Services shall be equitably adjusted for additional costs or time needed resulting from Laws enacted after the date of this Agreement, including taxes. viii. COST OF CORRECTING DAMAGED OR DESTROYED WORK: With regard to damage or loss attributable to the acts or omissions of City or Others and not to Construction Manager, City may either (a) promptly remedy the damage or loss and assume affected warranty responsibilities, (b) accept the damage or loss, or (c) issue a Change Order to remedy the damage or loss. If Construction Manager incurs costs or is delayed due to such loss or damage, Construction Manager may seek an equitable adjustment in the GMP, estimated Cost of the Work, Construction Manager's Fee, Date of Substantial Completion or Date of Final Completion, and, if appropriate, the Compensation for Preconstruction Services under this Agreement. Any equitable adjustment shall be approved by all parties. ix. Taxes and Permits: Construction Manager shall give public authorities all notices required by law and shall obtain and pay for all necessary permits, licenses, and renewals pertaining to the Work. Construction Manager shall provide to City copies of all notices, permits, licenses, and renewals required under this Agreement. 1. Construction Manager shall pay applicable taxes and permit fees associated with the entire project. x. DISCOUNTS: All discounts for prompt payment shall accrue to City. All trade discounts, rebates, and refunds, and all returns from sale of surplus materials and equipment, shall be credited to the Cost of the Work, or directly to the City after final payment. xi. City may occupy or use completed or partially completed portions of the Work when (a) the portion of the Work is designated in a Certificate of Substantial Completion, (b) appropriate insurer(s) consent to the occupancy or use, and (c) public authorities authorize the occupancy or use. Construction Manager shall not unreasonably withhold consent to partial occupancy or use. xii. JOINT DRAFTING: All Parties expressly agree that this Agreement was jointly drafted, and that both had opportunity to negotiate its terms and to obtain the assistance of counsel in reviewing its terms before execution. Therefore, this Agreement shall be construed neither against nor in favor of either Party but shall be construed in a neutral manner. RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 3 of 25 Last Revised 02.24.23 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, 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. RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 4 of 25 Last Revised 02.24.23 5. Definitions: a. Unless otherwise specifically defined in this Agreement, any terms that have well-known technical or trade meanings shall be interpreted in accordance with their well-known meanings. b. "Business Day' means all Days, except weekends and official federal or state holidays where the Project is located. c. A "Change Order' is a written order signed by all Parties after execution of this Agreement, indicating changes in the scope of the Work, the GMP and Date of Substantial Completion or Date of Final Completion. d. "Contract Time" is the period between the Date of Notice to Proceed and the total time authorized to achieve Final Completion. e. "Cost of the Work" means the total costs and discounts charged to the City. 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. RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 5 of 25 Last Revised 02.24.23 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. 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 RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 6 of 25 Last Revised 02.24.23 prepared or used by Construction Manager with respect to the Project. City shall be afforded access to all of Construction Manager's records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to this Agreement. Construction Manager shall preserve all such records for a period of three years after the final payment or longer where required by Law. 7. Warranty a. Construction Manager warrants all materials and equipment furnished under the Construction Phase of this Agreement will be new unless otherwise specified, of good quality, in conformance with the Contract Documents, and free from defective workmanship and materials. At City or Design Professional request, Construction Manager shall furnish satisfactory evidence of the quality and type of materials and equipment furnished. Construction Manager further warrants all Work shall be free from material defects not intrinsic in the design or materials required in the Contract Documents. Construction Manager's warranty does not include remedies for defects or damages caused by normal wear and tear during normal usage beyond the warranty period, use for a purpose for which the Project was not intended, 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. RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 7 of 25 Last Revised 02.24.23 iii. Construction Manager's obligations and liability, if any, with respect to any Defective Work discovered after the two-year correction period shall be determined by the Law. If, after the two- year correction period but before the applicable limitation period has expired, City discovers any Work which City considers Defective Work, City shall, unless the Defective Work requires emergency correction, promptly notify Construction Manager and allow Construction Manager an opportunity to correct the Work if Construction Manager elects to do so. If Construction Manager elects to correct the Work, it shall provide written notice of such intent within fourteen (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 RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 8 of 25 Last Revised 02.24.23 Work, take corrective measures satisfactory to City. If Construction Manager does not adopt corrective measures, City may perform them and deduct their cost from the GMP. Construction Manager agrees to make no claim for damages, or an increase in the GMP, or for a change in the Dates of Substantial or Final Completion based on Construction Manager's compliance with City's reasonable request. 9. Subcontracts: a. BINDING OF SUBCONTRACTORS AND SUPPLIERS: Construction Manager agrees to bind every Subcontractor and Supplier and require every Subcontractor to so bind its subcontractors and significant supplier, to the Contract Documents as they apply to the Subcontractor's or Supplier's applicable provisions to that portion of the Work. b. Construction Manager agrees not to subcontract construction manager at risk related services without prior written consent from the City. 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 $XX,XXX.00 USD. Fees shall be paid to the CMAR from the City based Lump Sum basis as described in Appendix B. c. Phase 2: Guaranteed Maximum Price (GMP) i. If this Agreement is executed before establishment of the Guaranteed Maximum Price and its acceptance by the City, then the GMP and its basis shall be set forth in a GMP Change Order. ii. In the event all Parties agree the drawings and specifications are sufficiently complete after bids are received, Construction Manager shall prepare and submit to the City in writing a GMP. The GMP proposal shall include the cost of the Work, Construction Manager's Fee, the clarifications upon which it is based, but shall not include compensation for Preconstruction Services (Phase 1). iii. FAILURE TO ACCEPT THE GMP PROPOSAL: Unless the City accepts the GMP Proposal in writing the GMP Proposal shall not be effective. If City fails to accept the GMP Proposal, or rejects the GMP Proposal, City shall have the right to: 1. suggest modifications to the GMP Proposal 2. terminate the Agreement for convenience iv. PRE-GMP WORK: Before City acceptance of the GMP Proposal, Construction Manager shall not incur any cost to be reimbursed as part of the Cost of the Work, except as provided in this Agreement or as City may specifically authorize in advanced writing. v. GMP shall include an itemized cost items from the CMAR, including but not limited to: 1. Labor wages directly employed by Construction Manager in performing of the Work. 2. Salaries of Construction Manager's employees when stationed at the field office, in whatever capacity employed, employees engaged on the road expediting the production or transportation of material and equipment, and employees from the principal or branch office as mutually agreed by the Parties in writing. RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 9 of 25 Last Revised 02.24.23 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 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. RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 10 of 25 Last Revised 02.24.23 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. f. Payment Terms: All invoices are payable upon approval and due within thirty (30) calendar days. If a portion of an invoice or statement is disputed by CITY, the undisputed portion shall be paid. CITY OF FAYETTEVILLE shall advise CMAR in writing of the basis for any disputed portion of any invoice. CITY shall make reasonable effort to pay invoices within 30 calendar days of date the invoice is approved. 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 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. RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 11 of 25 Last Revised 02.24.23 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. a. Construction contracts for the project shall not be entered into between the CMAR and sub -contractor without a 100% payment and performance bond in the amount of the contract (including any approved contingency) and any amendments thereto and shall provide for the manner in which the construction shall be managed and supervised. Bonds shall be valid and exchanged between all parties prior to the start of work. b. A maintenance bond shall be provided for the duration of the entire warranty period. c. All bonds shall be listed with the U.S. Treasury Department listing of approved surety's (T-List) and shall be rated A+ minimum by A. M. Best. 12. Time: a. SUBSTANTIAL and FINAL COMPLETION: Date of Substantial Completion and the Date of Final Completion shall be established in a GMP Change Order to this Agreement (GMP) as a hard not to exceed date. If such dates are not established upon the execution of this Agreement, at such time as GMP is accepted a Date of Substantial Completion and Date of Final Completion of the Work shall be established in a GMP Change Order. b. Time is of the essence with regards to the obligations of the Contract Documents. c. Unless instructed by City in writing, Construction Manager shall not knowingly commence the Work before the effective date of Construction Manager's required insurance and bonds. d. Schedule of Work: Before submitting its first application for payment, Construction Manager shall submit to City and, if directed, Design Professional a Schedule of the Work showing the dates on which Construction Manager plans to begin and complete various parts of the Work, including dates on which information and approvals are required from City. Except as otherwise directed by City, Construction Manager shall comply with the approved Schedule of the Work or Construction Manager. Unless otherwise agreed, the Schedule of the Work shall be formatted in a detailed precedence - style critical path method that (a) provides a graphic representation of all activities and events, including float values that will affect the critical path of the Work, and (b) identifies dates that are critical to ensure timely and orderly completion of the Work. Construction Manager shall update the Schedule of the Work on a bi-monthly basis or as mutually agreed by all Parties. iii. City may determine the sequence in which the Work shall be performed, provided it does not unreasonably interfere with the approved project schedule. City may require Construction Manager to make reasonable changes in the sequence at any time during the performance of the Work in order to facilitate the performance of work by City or Others. If Construction Manager consequently incurs costs or is delayed, the GMP or the Dates of Substantial or Final Completion, or both, Construction Manager may seek equitable adjustment. NOTICE OF DELAY CLAIMS: If Construction Manager requests an equitable extension of the Contract Time or an equitable adjustment in the GMP as a result of a delay described, Construction Manager shall give RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 12 of 25 Last Revised 02.24.23 City written notice of the claim. If Construction Manager causes delay in the completion of the Work, City shall be entitled to recover its additional costs. MONITORING PROGRESS AND COSTS: Following acceptance by City of the GMP, Construction Manager shall establish a process for monitoring actual costs against the GMP and actual progress against the Schedule of Work. Construction Manager shall provide written reports to City at intervals as agreed to by all Parties on the status of the Work, showing variances between actual costs and the GMP and actual progress as compared to the Schedule of Work, including estimates of future costs and recovery programs if actual progress indicates that the Dates of Substantial Completion or Final Completion may not be met. 13. Determination of Contract Time: a. General. The time allowed for the completion of the Work included in the Contract will be stated in the Proposal and Contract and will be known as the "Contract Time". The contract time will be specified as a fixed completion date or as calendar days. ii. The CMAR shall take into consideration all normal conditions considered unfavorable to the normal progress of the Work and place a sufficient work force and equipment on the project to ensure completion of the Work within the contract time. iii. The Engineer/City Engineer will determine the date upon which the Contract is substantially complete and time assessment will cease. In the event cleanup is necessary or items found at the final inspection are to be corrected, the CMAR shall complete this work in a timely manner, or the Engineer/City Engineer will resume time charges. b. Fixed Completion Date. When the contract time is specified as a fixed date, it will be the date on which all work on the project shall be substantially complete. c. Calendar Day. Calendar day contract time includes delays for normal weather -related events, such as rain, snow, and freezing temperatures that may affect the progress of the construction in the following amounts on a per -month basis as hereinafter set out. Only weather -related delays in excess of these amounts will be considered for time extensions, if requested by the CMAR. Days included in the Contract Times for Normal Weather -Related Events, on a monthly basis, include: Month Days Januaiy reinmary March 9 ril 8 Nhy 1 S June S July 7 August - Selyteinber - October - November - December S i. 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 RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 13 of 25 Last Revised 02.24.23 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. 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. 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 RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 14 of 25 Last Revised 02.24.23 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 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 15 of 25 Last Revised 02.24.23 are fully completed and accepted. Such payment shall not constitute a waiver of claims, but otherwise shall be governed by this section. vii. ACCEPTANCE OF FINAL PAYMENT: Unless Construction Manager provides written identification of unsettled claims with an application for final payment, its acceptance of final payment constitutes a waiver of such claims. e. CMAR shall ensure that the City of Fayetteville receives lien waivers from all material suppliers, subcontractors and sub -subcontractors and before work begins on the project. The contractor shall give written notice to the material suppliers, subcontractors and sub -subcontractors providing work on the project that states the following: i. 'According to Arkansas law, it is understood that no liens can be filed against public property if valid and enforceable payment and performance bond is in place. Regarding this Project and Agreement, the valid and enforceable bonds are with ( name of surety ).' ii. CMAR shall direct its subcontractors to obtain a written receipt evidencing acknowledgment of this statement from sub -subcontractors. 16. Liquidated Damages: a. SUBSTANTIAL COMPLETION: Liquidated damages based on the Substantial Completion date, to be determined in a GMP Change Order, shall apply. i. City will suffer damages which are difficult to determine and accurately specify if the Substantial Completion date, which may be amended by Change Order, is not attained. Construction Manager shall pay City 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. RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 16 of 25 Last Revised 02.24.23 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. 22.Insurance: a. Before starting the Work and as a condition precedent to payment, Construction Manager shall procure and maintain in force Workers' Compensation Insurance, Employers' Liability Insurance, Business Automobile Liability Insurance, and Commercial General Liability Insurance ("CGL"). The CGL policy shall include coverage for liability arising from premises, operations, independent contractors, products - completed operations, personal injury and advertising injury, contractual liability, pollution coverage, and broad form property damage. Construction Manager shall maintain completed operations liability insurance for one year after Substantial Completion, or as required by the Contract Documents, whichever is longer. Construction Manager's Employers' Liability, Business Automobile Liability and CGL policies shall be written with at least the limits of liability presented in Appendix E. b. Employers' Liability, Business Automobile Liability, and CGL coverages required may be provided by a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or umbrella liability policies. c. Construction Manager shall maintain in effect all insurance coverage required with insurance companies lawfully authorized to do business in the jurisdiction in which the Project is located. If Construction Manager fails to obtain or maintain any insurance coverage required under this Agreement, City may purchase such coverage and charge the expense to Construction Manager or terminate this Agreement. d. To the extent commercially available to Construction Manager from its current insurance company, insurance policies required shall contain a provision that the insurance company or its designee shall give City written notice transmitted in paper and electronic format: (a) 30 Days before coverage is nonrenewed by the insurance company and (b) within 10 Business Days after cancelation of coverage by the insurance company. Before commencing the Work and upon renewal or replacement of the insurance policies, Construction Manager shall furnish City with certificates of insurance until one year after Substantial Completion or longer if required by the Contract Documents. In addition, if any insurance policy required is not to be immediately replaced without lapse in coverage when it expires, exhausts its limits, or is to be cancelled, Construction Manager shall give City prompt written notice upon actual or constructive knowledge of such condition. e. Certificates of Insurance shall list the City as Additional Insured Parties. f. PROPERTY INSURANCE: i. At no time shall any policy be covered by self-insurance or in a self -insured format. All policies shall be covered by an approved commercial insurance professional properly licensed to do business in Arkansas. ii. Unless otherwise directed in writing by City, before starting the Work, CMAR shall obtain and maintain a Builder's Risk Policy upon the entire Project for the full cost of replacement at the time of loss, including existing structures. This insurance shall also (a) name Construction Manager, Subcontractors, Subsubcontractors, and Design Professional as named insureds; (b) be written in such form to cover all risks of physical loss except those specifically excluded by the policy; and (c) insure at least against and not exclude: RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 17 of 25 Last Revised 02.24.23 1. the perils of fire, lightning, explosion, windstorm, hail, smoke, aircraft (except aircraft, including helicopter, operated by or on behalf of Construction Manager) and vehicles, riot and civil commotion, theft, vandalism, malicious mischief, debris removal, flood, earthquake, earth movement, water damage, wind damage, testing if applicable, collapse, however caused; 2. damage resulting from defective design, workmanship, or material; 3. coverage extension for damage to existing buildings, plant, or other structures at the Worksite, when the Project is contained within or attached to such existing buildings, plant or structures. Coverage shall be to the extent loss or damage arises out of Constructor's activities or operations at the Project; 4. equipment breakdown, including mechanical breakdown, electrical injury to electrical devices, explosion of steam equipment, and damage to steam equipment caused by a condition within the equipment; 5. testing coverage for running newly installed machinery and equipment at or beyond the specified limits of their capacity to determine whether they are fit for their intended use; and 6. physical loss resulting from Terrorism. iii. The Party that is the primary cause of a Builder's Risk Policy claim shall be responsible for any deductible amounts or coinsurance payments. If no Party is the primary cause of a claim, then the Party obtaining and maintaining the Builder's Risk Policy shall be responsible for the deductible amounts or coinsurance payments. This policy shall provide for a waiver of subrogation. This insurance shall remain in effect until final payment has been made or until no person or entity other than City has an insurable interest in the property to be covered by this insurance, whichever is sooner. Partial occupancy or use of the Work shall not commence until City has secured the consent of the insurance company or companies providing the coverage required in this subsection. Before commencing the Work, City shall provide a copy of the property policy or policies obtained. iv. If City elects to purchase the property insurance required by this Agreement, including all of the coverages and deductibles for the same durations specified, City shall give written notice to Construction Manager before the Work is commenced and provide a copy of the property policy or policies obtained in compliance with this agreement. City may then provide insurance to protect its interests and the interests of the Constructor, Subcontractors, Suppliers, and Subsubcontractors. The cost of this insurance shall be paid by City in a Change Order. If City gives written notice of its intent to purchase property insurance required by this Agreement and fails to purchase or maintain such insurance, City shall be responsible for costs reasonably attributed to such failure. v. The Parties each waive all rights against each other and their respective employees, agents, contractors, subcontractors, suppliers, 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 RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 18 of 25 Last Revised 02.24.23 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 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: i. Additional Insured. City shall be named as an additional insured on Construction Manager's Commercial General Liability (CGL) specified, for on -going operations and completed operations, excess/umbrella liability, commercial automobile liability, and any required pollution liability, but only with respect to liability for bodily injury, property damage, or personal and advertising injury to the extent caused by the negligent acts or omissions of Construction Manager, or those acting on Construction Manager's behalf, in the performance of Construction Manager's work for Owner at the Worksite. The insurance of the Construction Manager and its Subcontractors (both primary and excess) shall be primary to any insurance available to the Additional Insureds. Any insurance available to the Additional Insureds shall be excess and non-contributory. ii. OCP. Construction Manager shall provide an Owners' and Contractors' Protective Liability Insurance ("OCP") policy with limits equal to the limits on CGL specified, or limits as otherwise required by Owner. 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. i. 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 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 19 of 25 Last Revised 02.24.23 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: RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 20 of 25 Last Revised 02.24.23 i. Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, ii. An opportunity for consultation with the terminating party prior to termination. b. This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its convenience, provided that CMAR is given: i. Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, ii. An opportunity for consultation with the terminating party prior to termination. c. If termination for default is affected by CITY OF FAYETTEVILLE, an equitable adjustment in the price provided for in this Agreement shall be made, but i. No amount shall be allowed for anticipated profit on unperformed services or other work, ii. Any payment due to CMAR at the time of termination may be adjusted to cover any additional costs to CITY OF FAYETTEVILLE because of CMAR's default. d. If termination for default is 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. RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 21 of 25 Last Revised 02.24.23 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. 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 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. RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 22 of 25 Last Revised 02.24.23 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 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. RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 23 of 25 Last Revised 02.24.23 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 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 RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 24 of 25 Last Revised 02.24.23 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. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and TBD by its authorized officer have made and executed this Agreement as of the day and year first above written. CITY OF FAYETTEVILLE, ARKANSAS By: Lioneld Jordan, Mayor ATTEST By: Kara Paxton, City Clerk Date Signed: FULL NAME OF SELECTED FIRM By: Signature Printed Name and Title Date Signed: RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 25 of 25 Last Revised 02.24.23 Byron Humphry Submitted By City of Fayetteville Staff Review Form 2023-507 Item ID 3/21/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 03/14/2023 Additional Information / Recieved From Bryan Humphrey Via Email At 2:27 P.M 3/2/2023 PARKS & RECREATION (520) Submitted Date Division / Department Action Recommendation: Staff recommends approval of a contract with Crossland Heavy Contractors, Inc., in reference to RFQ 23-02, to provide CMAR services related to the Lake Fayetteville Softball Improvement project for a not to exceed fee of $38,950.00. Budget Impact: 4705.860.7505-5315.00 Parks Project 2022 Bonds Account Number Fund 46050.7505.1000 Lake Fayetteville Improvements, Softball Fields Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? No Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 13,436,379.00 $ 2,437,552.04 10,998,826.96 $ 38,950.00 10,959,1 V20221130 Purchase Order Number: Previous Ordinance or Resolution # 224-22 Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 21, 2023 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director Terry Gulley, Assistant Public Works Director CITY COUNCIL MEMO 03/14/2023 Additional Information / Recieved From Bryan Humphrey Via Email At 2:27 P.M FROM: Byron Humphry, Park Maintenance Superintendent DATE: March 2, 2023 SUBJECT: Contract with Crossland Heavy Contractors, Inc. for Construction Manager at Risk (CMAR) Services for the Lake Fayetteville Softball Improvement project. RECOMMENDATION: Staff recommends approval of a contract with Crossland Heavy Contractors, Inc., in reference to RFQ 23-02, to provide CMAR services related to the Lake Fayetteville Softball Improvement project for a not to exceed fee of $38,950.00. BACKGROUND: On October 4, 2022, City Council approved Resolution 224-22 to enter a contract with Crafton Tull & Associates, Inc. to provide professional architectural and engineering service associated with the design of the Lake Fayetteville Softball Improvement project. Crafton Tull is currently working through the preliminary design of the softball complex renovations. In late March, Crafton Tull will begin the process of refining the plan into the final design. At this point it becomes critical for project success to have construction management services available to evaluate design, suggest localized construction methods and materials and provide costs to various design elements. DISCUSSION: On January 22, 2023, the City of Fayetteville advertised RFQ 23-02 and accepted requests for qualifications from construction management companies to provide CMAR services for the Lake Fayetteville Softball Improvement project. On February 23, 2023 a selection committee made up of City staff and elected officials reviewed submittals from four construction management professionals that responded to the request for qualifications and short listed the applicants to two companies. On March 9, 2023, the selection committee interviewed the two companies. The committee selected and negotiated a contract with Crossland Heavy Contractors, Inc. to complete this task. The scope of work for the CMAR will be split into two phases: The contract for consideration at this time is Phase 1 only and will consist of preconstruction services. This will include working closely with Crafton Tull to provide timely cost estimating for Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 construction methods and practices and material selections. This estimate will be used to establish the construction budget. Phase 2 will commence upon the completion of the final design of the Lake Fayetteville Softball Improvement project. The City with negotiate the final construction cost which will be reflected in the Guaranteed Maximum Price (GMP). The GMP proposal will include all cost associated with the construction of the Lake Fayetteville Softball Improvement project. BUDGET/STAFF IMPACT: The maximum not -to -exceed amount authorized for Phase 1 for preconstruction services for this agreement is $38,950.00. Phase 2 of this project is contingent upon City Council approval of the GMP change order proposal. Attachments: Contract with Crossland Heavy Contractors, Inc. for approval of Phase 1 03/ 14/2023 Additional Information / Recieved AAdmWftp-- CITY OF From Bryan Humphrey FAYETTEVILLE Via Email At 3:40 P.M ARKAN A CONTRACT FOR PROFESSIONAL SERVICES CONSTRUCTION MANAGER AT RISK RFQ 23-02, CMAR — Lake Fayetteville Ballfield Renovations between City of Fayetteville, Arkansas and Crossland Heavy Contractors, Inc. THIS AGREEMENT is made this day of , 2023, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE or CITY) and Crossland Heavy Contractors, Inc. (construction manager at risk, hereinafter called CMAR, Construction Manager, or Crossland OR VENDOR), and CITY OF FAYETTEVILLE from time to time requires professional CMAR services in connection with the evaluation, design, and/or construction supervision of capital improvement projects. Therefore, CITY OF FAYETTEVILLE and CMAR in consideration of their mutual covenants agree as follows: CMAR shall serve as CITY OF FAYETTEVILLE's professional CMAR consultant in those assignments to which this Agreement applies and shall give consultation and advice to CITY OF FAYETTEVILLE during the performance of services defined in the scope of work. All services shall be performed under the direction of a CMAR registered in the State of Arkansas and licensed by the Arkansas Contractor's Licensing Board. 1. Contracted parties and relationship: a. This agreement shall be binding between all parties. Fees for CMAR services shall be provided as identified in appendices. i. Crossland's Tax identification number (TIN) ending in 3185 ii. Crossland's Arkansas Contractor License No. 0067301123 iii. Crossland's Secretary of State Filing No. 100205582 b. Parties agree to act on the basis of mutual trust, good faith, and fair dealing, and perform in a fiscally responsible and timely manner. Parties shall each endeavor to promote harmony and cooperation among all Project participants. 2. Entire Agreement and Exhibits: This Agreement sets forth the entire agreement and understanding between the parties on the subject matter of this Agreement. Neither party shall be bound by any conditions, definitions, representations or warranties with respect to the subject matter of this Agreement other than those as expressly provided herein. RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 1 of 25 Last Revised 03.14.23 a. Appendices included under this agreement include the following: i. Appendix A: Scope of Services ii. Appendix B: CMAR Fee Schedule iii. Appendix C: RFQ 23-02, Construction Manager at Risk for Lake Fayetteville Ballfield Renovations iv. Appendix D: Crossland's Response to RFQ 23-02 v. Appendix E: Crossland'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 23-02 (d) City's published RFQ 23-02 and associated Addenda and attachments. 3. Notices: Any notice required under this Agreement shall be in writing, address to the appropriate party at the following addresses: a. City of Fayetteville: Attention: Mayor Lioneld Jordan, 113 W. Mountain, Fayetteville, AR 72701 b. Crossland Heavy Contractors, Inc.: Attention: Dan Thompson, 705 S. Lincoln Street, Lowell, AR 72745 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. RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 2 of 25 Last Revised 03.14.23 v. WORKSITE VISIT: Construction Manager acknowledges that it has visited, or has had the opportunity to visit, the Worksite to visually inspect the general and local conditions which could affect the Work. vi. Construction Manager shall perform cutting, fitting, and patching necessary to coordinate the various parts of the Work and to prepare its Work for the work of City or Others. 1. Cutting, patching, or altering the work of City or Others shall be done with the prior written approval of City and Design Professional. Such approval shall not be unreasonably withheld. vii. COMPLIANCE WITH LAWS: Construction Manager shall comply with all the Law at its own cost. Construction Manager shall be liable to City for all loss, cost, or expense attributable to any acts or omissions by Construction Manager, its employees, subcontractors, suppliers, and agents for failure to comply with Laws, including fines, penalties, or corrective measures. 1. CHANGES IN THE LAW: The GMP, estimated Cost of the Work, Construction Manager's Fee, Date of Substantial Completion or Date of Final Completion, and, if appropriate, the Compensation for Preconstruction Services shall be equitably adjusted for additional costs or time needed resulting from Laws enacted after the date of this Agreement, including taxes. viii. COST OF CORRECTING DAMAGED OR DESTROYED WORK: With regard to damage or loss attributable to the acts or omissions of City or Others and not to Construction Manager, City may either (a) promptly remedy the damage or loss and assume affected warranty responsibilities, (b) accept the damage or loss, or (c) issue a Change Order to remedy the damage or loss. If Construction Manager incurs costs or is delayed due to such loss or damage, Construction Manager may seek an equitable adjustment in the GMP, estimated Cost of the Work, Construction Manager's Fee, Date of Substantial Completion or Date of Final Completion, and, if appropriate, the Compensation for Preconstruction Services under this Agreement. Any equitable adjustment shall be approved by all parties. ix. Taxes and Permits: Construction Manager shall give public authorities all notices required by law and shall obtain and pay for all necessary permits, licenses, and renewals pertaining to the Work. Construction Manager shall provide to City copies of all notices, permits, licenses, and renewals required under this Agreement. 1. Construction Manager shall pay applicable taxes and permit fees associated with the entire project. x. DISCOUNTS: All discounts for prompt payment shall accrue to City. All trade discounts, rebates, and refunds, and all returns from sale of surplus materials and equipment, shall be credited to the Cost of the Work, or directly to the City after final payment. xi. City may occupy or use completed or partially completed portions of the Work when (a) the portion of the Work is designated in a Certificate of Substantial Completion, (b) appropriate insurer(s) consent to the occupancy or use, and (c) public authorities authorize the occupancy or use. Construction Manager shall not unreasonably withhold consent to partial occupancy or use. xii. JOINT DRAFTING: All Parties expressly agree that this Agreement was jointly drafted, and that both had opportunity to negotiate its terms and to obtain the assistance of counsel in reviewing its terms before execution. Therefore, this Agreement shall be construed neither against nor in favor of either Party but shall be construed in a neutral manner. RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 3 of 25 Last Revised 03.14.23 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, 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. RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 4 of 25 Last Revised 03.14.23 5. Definitions: a. Unless otherwise specifically defined in this Agreement, any terms that have well-known technical or trade meanings shall be interpreted in accordance with their well-known meanings. b. "Business Day" means all Days, except weekends and official federal or state holidays where the Project is located. c. A "Change Order" is a written order signed by all Parties after execution of this Agreement, indicating changes in the scope of the Work, the GMP and Date of Substantial Completion or Date of Final Completion. d. "Contract Time" is the period between the Date of Notice to Proceed and the total time authorized to achieve Final Completion. e. "Cost of the Work" means the total costs and discounts charged to the City. 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. RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 5 of 25 Last Revised 03.14.23 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. 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 RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 6 of 25 Last Revised 03.14.23 prepared or used by Construction Manager with respect to the Project. City shall be afforded access to all of Construction Manager's records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to this Agreement. Construction Manager shall preserve all such records for a period of three years after the final payment or longer where required by Law. 7. Warranty a. Construction Manager warrants all materials and equipment furnished under the Construction Phase of this Agreement will be new unless otherwise specified, of good quality, in conformance with the Contract Documents, and free from defective workmanship and materials. At City or Design Professional request, Construction Manager shall furnish satisfactory evidence of the quality and type of materials and equipment furnished. Construction Manager further warrants all Work shall be free from material defects not intrinsic in the design or materials required in the Contract Documents. Construction Manager's warranty does not include remedies for defects or damages caused by normal wear and tear during normal usage beyond the warranty period, use for a purpose for which the Project was not intended, 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. RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 7 of 25 Last Revised 03.14.23 iii. Construction Manager's obligations and liability, if any, with respect to any Defective Work discovered after the two-year correction period shall be determined by the Law. If, after the two- year correction period but before the applicable limitation period has expired, City discovers any Work which City considers Defective Work, City shall, unless the Defective Work requires emergency correction, promptly notify Construction Manager and allow Construction Manager an opportunity to correct the Work if Construction Manager elects to do so. If Construction Manager elects to correct the Work, it shall provide written notice of such intent within fourteen (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. RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 8 of 25 Last Revised 03.14.23 d. If City deems any part of the Work or Worksite unsafe, City, without assuming responsibility for Construction Manager's safety program, may require Construction Manager to stop performance of the Work, take corrective measures satisfactory to City. If Construction Manager does not adopt corrective measures, City may perform them and deduct their cost from the GMP. Construction Manager agrees to make no claim for damages, or an increase in the GMP, or for a change in the Dates of Substantial or Final Completion based on Construction Manager's compliance with City's reasonable request. 9. Subcontracts: a. BINDING OF SUBCONTRACTORS AND SUPPLIERS: Construction Manager agrees to bind every Subcontractor and Supplier and require every Subcontractor to so bind its subcontractors and significant supplier, to the Contract Documents as they apply to the Subcontractor's or Supplier's applicable provisions to that portion of the Work. b. Construction Manager agrees not to subcontract construction manager at risk related services without prior written consent from the City. 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 $38,950.00 USD. Fees shall be paid to the CMAR from the City based Lump Sum basis as described in Appendix B. c. Phase 2: Guaranteed Maximum Price (GMP) i. If this Agreement is executed before establishment of the Guaranteed Maximum Price and its acceptance by the City, then the GMP and its basis shall be set forth in a GMP Change Order. ii. In the event all Parties agree the drawings and specifications are sufficiently complete after bids are received, Construction Manager shall prepare and submit to the City in writing a GMP. The GMP proposal shall include the cost of the Work, Construction Manager's Fee, the clarifications upon which it is based, but shall not include compensation for Preconstruction Services (Phase 1). iii. FAILURE TO ACCEPT THE GMP PROPOSAL: Unless the City accepts the GMP Proposal in writing the GMP Proposal shall not be effective. If City fails to accept the GMP Proposal, or rejects the GMP Proposal, City shall have the right to: 1. suggest modifications to the GMP Proposal 2. terminate the Agreement for convenience iv. PRE-GMP WORK: Before City acceptance of the GMP Proposal, Construction Manager shall not incur any cost to be reimbursed as part of the Cost of the Work, except as provided in this Agreement or as City may specifically authorize in advanced writing. v. GMP shall include an itemized cost items from the CMAR, including but not limited to: 1. Labor wages directly employed by Construction Manager in performing of the Work. 2. Salaries of Construction Manager's employees when stationed at the field office, in whatever capacity employed, employees engaged on the road expediting the production RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 9 of 25 Last Revised 03.14.23 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 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. RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 10 of 25 Last Revised 03.14.23 d. Fees set for the construction of this project are intended to be executed upon agreement of all parties in a not to exceed form via change order. Due to the bond funding nature of this project, all parties agree payment to the CMAR shall be made as follows: i. The City shall be responsible for a not to exceed cap. ii. Final amounts shall be identified with a Change Order, pursuant to agreement of all parties of a Guaranteed Maximum Price. e. CMAR shall track, log and report expenses directly related to this Agreement along with invoice which shall include schedule of values for payment for each month. Invoices shall be itemized. Invoice and payment requests shall not exceed the percentage for work completed as defined. f. Payment Terms: All invoices are payable upon approval and due within thirty (30) calendar days. If a portion of an invoice or statement is disputed by CITY, the undisputed portion shall be paid. CITY OF FAYETTEVILLE shall advise CMAR in writing of the basis for any disputed portion of any invoice. CITY shall make reasonable effort to pay invoices within 30 calendar days of date the invoice is approved. g. STORED MATERIALS AND EQUIPMENT: Unless otherwise provided in the contract documents, applications for payment may include materials and equipment not yet incorporated into the Work but delivered to and suitably stored onsite or offsite including applicable insurance, storage, and costs 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. h. Monthly invoices for each calendar month shall be submitted to City or such parties as City may designate for professional services consistent with CMAR's normal billing schedule. Once established, the billing schedule shall be maintained throughout the duration of the Project. Invoices shall be made in accordance with a format to be developed by CMAR and approved by City. Applications for payment shall be accompanied each month by the updated project schedule as the basis for determining the value earned as the work is accomplished. Final payment for professional services shall be made upon CITY OF FAYETTEVILLE'S approval and acceptance with the satisfactory completion of professional services for the Project. i. Retainage in the amount of five percent (5%) will be withheld from each payment until project final completion. ii. Upon Substantial Completion, the City may release retainage on that portion of the Work a Subcontractor has completed in whole or in part, and which City have accepted. i. Final Payment: Upon satisfactory completion of the work performed under this Agreement, as a condition before final payment under this Agreement, or as a termination settlement under this Agreement, CMAR shall execute and deliver to CITY OF FAYETTEVILLE a release of all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement, except claims which are specifically exempted by CMAR to be set forth therein. i. 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. RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 11 of 25 Last Revised 03.14.23 11. Project Bonding: Performance and payment bonding. After execution of this contract by all parties, CMAR shall provide a 100% separate performance and payment bond from a bonding company, licensed to do business in the state of Arkansas, to the City of Fayetteville after being file marked at the Washington County Circuit Clerk's Office. Bonds shall be inclusive of any approved contingency. Bonds shall be provided within ten (10) calendar days after GMP change order has been executed and approved by all parties. Construction contracts for the project shall not be entered into between the CMAR and sub -contractor without a 100% payment and performance bond in the amount of the contract (including any approved contingency) and any amendments thereto and shall provide for the manner in which the construction shall be managed and supervised. Bonds shall be valid and exchanged between all parties prior to the start of work. b. A maintenance bond shall be provided for the duration of the entire warranty period. c. All bonds shall be listed with the U.S. Treasury Department listing of approved surety's (T-List) and shall be rated A+ minimum by A. M. Best. 12. Time: a. SUBSTANTIAL and FINAL COMPLETION: Date of Substantial Completion and the Date of Final Completion shall be established in a GMP Change Order to this Agreement (GMP) as a hard not to exceed date. If such dates are not established upon the execution of this Agreement, at such time as GMP is accepted a Date of Substantial Completion and Date of Final Completion of the Work shall be established in a GMP Change Order. b. Time is of the essence with regards to the obligations of the Contract Documents. c. Unless instructed by City in writing, Construction Manager shall not knowingly commence the Work before the effective date of Construction Manager's required insurance and bonds. d. Schedule of Work: Before submitting its first application for payment, Construction Manager shall submit to City and, if directed, Design Professional a Schedule of the Work showing the dates on which Construction Manager plans to begin and complete various parts of the Work, including dates on which information and approvals are required from City. Except as otherwise directed by City, Construction Manager shall comply with the approved Schedule of the Work or Construction Manager. Unless otherwise agreed, the Schedule of the Work shall be formatted in a detailed precedence - style critical path method that (a) provides a graphic representation of all activities and events, including float values that will affect the critical path of the Work, and (b) identifies dates that are critical to ensure timely and orderly completion of the Work. Construction Manager shall update the Schedule of the Work on a bi-monthly basis or as mutually agreed by all Parties. 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 RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 12 of 25 Last Revised 03.14.23 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. f. MONITORING PROGRESS AND COSTS: Following acceptance by City of the GMP, Construction Manager shall establish a process for monitoring actual costs against the GMP and actual progress against the Schedule of Work. Construction Manager shall provide written reports to City at intervals as agreed to by all Parties on the status of the Work, showing variances between actual costs and the GMP and actual progress as compared to the Schedule of Work, including estimates of future costs and recovery programs if actual progress indicates that the Dates of Substantial Completion or Final Completion may not be met. 13. Determination of Contract Time: a. General. i. The time allowed for the completion of the Work included in the Contract will be stated in the Proposal and Contract and will be known as the "Contract Time". The contract time will be specified as a fixed completion date or as calendar days. ii. The CMAR shall take into consideration all normal conditions considered unfavorable to the normal progress of the Work and place a sufficient work force and equipment on the project to ensure completion of the Work within the contract time. iii. The Engineer/City Engineer will determine the date upon which the Contract is substantially complete and time assessment will cease. In the event cleanup is necessary or items found at the final inspection are to be corrected, the CMAR shall complete this work in a timely manner, or the Engineer/City Engineer will resume time charges. b. Fixed Completion Date. When the contract time is specified as a fixed date, it will be the date on which all work on the project shall be substantially complete. c. Calendar Day. Calendar day contract time includes delays for normal weather -related events, such as rain, snow, and freezing temperatures that may affect the progress of the construction in the following amounts on a per -month basis as hereinafter set out. Only weather -related delays in excess of these amounts will be considered for time extensions, if requested by the CMAR. Days included in the Contract Times for Normal Weather -Related Events, on a monthly basis, include: January 11 February 9 March 8 April 8 NLV 8 June 8 J 7 J5UIV y } S el Qmber October +J� J7 November J December 8 i. 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 RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 13 of 25 Last Revised 03.14.23 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. 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 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 14 of 25 Last Revised 03.14.23 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 RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 15 of 25 Last Revised 03.14.23 the written consent of any surety to payment of the balance due for portions of the Work that are fully completed and accepted. Such payment shall not constitute a waiver of claims, but otherwise shall be governed by this section. vii. ACCEPTANCE OF FINAL PAYMENT: Unless Construction Manager provides written identification of unsettled claims with an application for final payment, its acceptance of final payment constitutes a waiver of such claims. e. CMAR shall ensure that the City of Fayetteville receives lien waivers from all material suppliers, subcontractors and sub -subcontractors and before work begins on the project. The contractor shall give written notice to the material suppliers, subcontractors and sub -subcontractors providing work on the project that states the following: i. 'According to Arkansas law, it is understood that no liens can be filed against public property if valid and enforceable payment and performance bond is in place. Regarding this Project and Agreement, the valid and enforceable bonds are with ( name of surety ).' ii. CMAR shall direct its subcontractors to obtain a written receipt evidencing acknowledgment of this statement from sub -subcontractors. 16. Liquidated Damages: a. SUBSTANTIAL COMPLETION: Liquidated damages based on the Substantial Completion date, to be determined in a GMP Change Order, shall apply. i. City will suffer damages which are difficult to determine and accurately specify if the Substantial Completion date, which may be amended by Change Order, is not attained. Construction Manager shall pay City 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. RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 16 of 25 Last Revised 03.14.23 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. 22. Insurance: a. Before starting the Work and as a condition precedent to payment, Construction Manager shall procure and maintain in force Workers' Compensation Insurance, Employers' Liability Insurance, Business Automobile Liability Insurance, and Commercial General Liability Insurance ("CGL"). The CGL policy shall include coverage for liability arising from premises, operations, independent contractors, products - completed operations, personal injury and advertising injury, contractual liability, pollution coverage, and broad form property damage. Construction Manager shall maintain completed operations liability insurance for one year after Substantial Completion, or as required by the Contract Documents, whichever is longer. Construction Manager's Employers' Liability, Business Automobile Liability and CGL policies shall be written with at least the limits of liability presented in Appendix E. b. Employers' Liability, Business Automobile Liability, and CGL coverages required may be provided by a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or umbrella liability policies. c. Construction Manager shall maintain in effect all insurance coverage required with insurance companies lawfully authorized to do business in the jurisdiction in which the Project is located. If Construction Manager fails to obtain or maintain any insurance coverage required under this Agreement, City may purchase such coverage and charge the expense to Construction Manager or terminate this Agreement. d. To the extent commercially available to Construction Manager from its current insurance company, insurance policies required shall contain a provision that the insurance company or its designee shall give City written notice transmitted in paper and electronic format: (a) 30 Days before coverage is nonrenewed by the insurance company and (b) within 10 Business Days after cancelation of coverage by the insurance company. Before commencing the Work and upon renewal or replacement of the insurance policies, Construction Manager shall furnish City with certificates of insurance until one year after Substantial Completion or longer if required by the Contract Documents. In addition, if any insurance policy required is not to be immediately replaced without lapse in coverage when it expires, exhausts its limits, or is to be cancelled, Construction Manager shall give City prompt written notice upon actual or constructive knowledge of such condition. e. Certificates of Insurance shall list the City as Additional Insured Parties. f. PROPERTY INSURANCE: i. At no time shall any policy be covered by self-insurance or in a self -insured format. All policies shall be covered by an approved commercial insurance professional properly licensed to do business in Arkansas. ii. Unless otherwise directed in writing by City, before starting the Work, CMAR shall obtain and maintain a Builder's Risk Policy upon the entire Project for the full cost of replacement at the time of loss, including existing structures. This insurance shall also (a) name Construction Manager, Subcontractors, Subsubcontractors, and Design Professional as named insureds; (b) be written in such form to cover all risks of physical loss except those specifically excluded by the policy; and (c) insure at least against and not exclude: RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 17 of 25 Last Revised 03.14.23 1. the perils of fire, lightning, explosion, windstorm, hail, smoke, aircraft (except aircraft, including helicopter, operated by or on behalf of Construction Manager) and vehicles, riot and civil commotion, theft, vandalism, malicious mischief, debris removal, flood, earthquake, earth movement, water damage, wind damage, testing if applicable, collapse, however caused, 2. damage resulting from defective design, workmanship, or material; 3. coverage extension for damage to existing buildings, plant, or other structures at the Worksite, when the Project is contained within or attached to such existing buildings, plant or structures. Coverage shall be to the extent loss or damage arises out of Constructor's activities or operations at the Project; 4. equipment breakdown, including mechanical breakdown, electrical injury to electrical devices, explosion of steam equipment, and damage to steam equipment caused by a condition within the equipment; 5. testing coverage for running newly installed machinery and equipment at or beyond the specified limits of their capacity to determine whether they are fit for their intended use; and 6. physical loss resulting from Terrorism iii. The Party that is the primary cause of a Builder's Risk Policy claim shall be responsible for any deductible amounts or coinsurance payments. If no Party is the primary cause of a claim, then the Party obtaining and maintaining the Builder's Risk Policy shall be responsible for the deductible amounts or coinsurance payments. This policy shall provide for a waiver of subrogation. This insurance shall remain in effect until final payment has been made or until no person or entity other than City has an insurable interest in the property to be covered by this insurance, whichever is sooner. Partial occupancy or use of the Work shall not commence until City has secured the consent of the insurance company or companies providing the coverage required in this subsection. Before commencing the Work, City shall provide a copy of the property policy or policies obtained. iv. If City elects to purchase the property insurance required by this Agreement, including all of the coverages and deductibles for the same durations specified, City shall give written notice to Construction Manager before the Work is commenced and provide a copy of the property policy or policies obtained in compliance with this agreement. City may then provide insurance to protect its interests and the interests of the Constructor, Subcontractors, Suppliers, and Subsubcontractors. The cost of this insurance shall be paid by City in a Change Order. If City gives written notice of its intent to purchase property insurance required by this Agreement and fails to purchase or maintain such insurance, City shall be responsible for costs reasonably attributed to such failure. v. The Parties each waive all rights against each other and their respective employees, agents, contractors, subcontractors, suppliers, 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 RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 18 of 25 Last Revised 03.14.23 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 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 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 19 of 25 Last Revised 03.14.23 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: RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 20 of 25 Last Revised 03.14.23 i. Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, ii. An opportunity for consultation with the terminating party prior to termination. b. This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its convenience, provided that CMAR is given: i. Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, ii. An opportunity for consultation with the terminating party prior to termination. c. If termination for default is affected by CITY OF FAYETTEVILLE, an equitable adjustment in the price provided for in this Agreement shall be made, but i. No amount shall be allowed for anticipated profit on unperformed services or other work, ii. Any payment due to CMAR at the time of termination may be adjusted to cover any additional costs to CITY OF FAYETTEVILLE because of CMAR's default. d. If termination for default is 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. RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 21 of 25 Last Revised 03.14.23 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. 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. RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 22 of 25 Last Revised 03.14.23 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 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. RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 23 of 25 Last Revised 03.14.23 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 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 RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 24 of 25 Last Revised 03.14.23 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. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and Crossland Heavy Contractors, Inc. by its authorized officer have made and executed this Agreement as of the day and year first above written. CITY OF FA CROSSLAND HEAVY CONTRACTORS INC. ~ rnr' drs, e-Wro- aa�iv ymw•m�. Dan Thompsoin,ay•Ew x Lioneid ordan, May �tt►t�IIF11111 Signature �kh ! rDaniel A. ThampsonVice President ATTEST: �����. �,1� Y� •s,r'�3Y: I rinted Name and Title ' FA'r Kara Paxton, City Clerk reasurer /�L�Date Signed: Date Signed: RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 25 of 25 Last Revised 03.14.23 APPENDIX A — SCOPE OF WORK for CONTRACT FOR PROFESSIONAL SERVICES — CONSTRUCTION MANAGER AT RISK RFQ 23-02, CMAR — Lake Fayetteville Ballfield Renovations 1. PROJECT SUMMARY Crossland Heavy Contractors, Inc. shall provide construction management at risk (CMAR) services for the Lake Fayetteville Softball Renovation Project. The project includes storm drainage, fencing & related field infrastructure, natural & synthetic turf, irrigation & pump system, athletic field & parking lot lighting, and sidewalk & parking improvements. A. Storm Drainaee i. Enhance and/or replace the existing storm drainage to accommodate runoff from field and parking areas. ii. Grade fields and/or install in field drainage system to provide controlled drainage from field surface. iii. Provide drainage system under synthetic turf infield that connects to storm drain. B. Fencing & Related Field Infrastructure i. Replace existing chain link fencing with poly -coated chain link with a mow strip. ii. Provide backstop fencing and netting combination, bleachers, and bleacher covers for safety of spectators. iii. Provide covered chain link dugouts and team benches. iv. Provide batting cage system with netting and turf covered concrete pad. V. Provide foul poles, scoreboard, and field signage. C. Natural & Svnthetic Turf i. Certified hybrid Bermuda grass sod in outfield. ii. Synthetic turf infield with multiple base settings to accommodate multiple uses. D. Irrigation & Pump System i. Provide new irrigation to outfield turf. ii. Provide upgraded irrigation pump system to utilize lake water. E. Athletic Field & Parking Lot LiRhti i. Relocate athletic field lighting poles as necessary. ii. Add lighting for batting cages. iii. Add security lighting for complex and parking lot. F. Sidewalk & ParklnE Improvements i. Provide concrete ADA sidewalks and concourse as needed. RFQ 23-02, CMAR —Lake Fayetteville Ballfield Renovations APPENDIXA — SCOPE OF WORK Page 1 of 4 — Last Revised: 03.14.23 ii. Provide ADA parking spaces as needed and improve parking lot layout with tree islands. iii. Improve dumpster pad and approach. iv. Improve hard surface use areas as needed. 2. SCOPE OF WORK A. Overview: Phases to be completed 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. Crossland Heavy Contractors, Inc. shall coordinate with the design team composed of Crafton Tull & Associates Inc. and the City of Fayetteville in order to achieve best value for the overall success of the project, including working to achieve maximum cost savings. Coordination with design team is critical for all phases. B. PHASE 1: Design Development and Construction Drawings from the current plans to final plans Construction Documents Phase 1. Review Construction Documents/Plans and Specifications. Crafton Tull & Associates will submit construction document sets to the design team and the Construction Manager, and electronic versions as necessary, for review, cost analysis and approval. (100% plan review). 2. Attend follow up meetings with the design team. 3. Provide guidance to Crafton Tull & Associates to find efficient solutions to the plans to reflect issues noted the design team, inclusive of any necessary redesign prompted from the permit process. 4. Construction Documents/Plans, Specifications and Project Drawings shall be routed through the City of Fayetteville for required approvals. S. Assist Crafton Tull & Associates in responding in writing to all Design Team comments on plans. 6. Assist Crafton Tull & Associates and the City with the bid form and identify all separate trade packages. 7. Facilitate with Crafton Tull & Associates and the Design Team in conducting cost -benefit analyses to understand construction costs, life -cycle cost impacts and long-term maintenance costs. 8. Coordinate with the design team to create plans for closure and detour of both pedestrian and street zones based on construction phasing. ii. Bid Phase 1. Coordinate with City Purchasing Division to ensure all procedures followed for this phase meet state laws and City of Fayetteville Purchasing Policies. 2. Provide services for reproduction and dissemination of bid sets (project manual and stamped drawings) to the City Design Team [PM (1), Purchasing (1) and interested bidders]. Documents should be made available to any interested party electronically at no cost. 3. Provide distribution of plans to all interested parties. a. Maintain open communication with the City of Fayetteville Purchasing Division throughout the bidding process. b. Distribution of all documents shall be done in a fair and unbiased manner while keeping all interested parties on equal terms. RFQ 23-02, CMAR —Lake Fayetteville Ballfield Renovations APPENDIXA — SCOPE OF WORK Page 2 of 4 — Last Revised: 03.14.23 c. Document and keep an updated accurate record of plan holder's and provide updated listings to all interested parties in a timely manner. d. Answers to questions and inquiries shall be made in the form of an addendum and shall be provided to all interested parties at the same time. 4. Coordinate with City Purchasing Division during pre -bid meeting 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 unbalance bid items, c. Coordinate with the City Purchasing Division in finalizing a Certified Bid Tabulation including Engineer's estimate, d. Review of contractor's financial standing and references provided, e. Explanation of discrepancies between the Engineer's estimate and bids, and f. Meet with the City to provide a formal written recommendation of award. 11. Attend City Council meeting(s) for the recommendation for award of Contract(s) for Construction. 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. C. Phase 2: Guaranteed Maximum Price and Construction Administration Phase Construction Administration Phase 1. Put forth diligent and fiscally responsible efforts to ensure the project will be completed on time and within budget. 2. Attend Pre -Construction meeting and conduct regular update meetings as jointly determined by the Design Team and contracted construction companies. 3. Coordinate with Crafton Tull & Associates and the Design Team on all Request for Change Proposals, Change Orders, etc. including maintaining a log of all such documents. 4. The City of Fayetteville intends to provide regular construction administration services. Crafton Tull & Associates will provide field services, progress meetings, and progress payment review and assistance on a bi-monthly basis. RFQ 23-02, CMAR —Lake Fayetteville Ballfield Renovations APPENDIXA — SCOPE OF WORK Page 3 of 4 — Last Revised: 03.14.23 S. Review site visit report from the Crafton Tull & Associates, and City of Fayetteville staff team at least twice (2) per month. 6. Coordinate with the Design Team to conduct Substantial Completion Inspection, coordinate with architect to create punch list, substantiate that items noted are completed, and issue Substantial Completion Certificate. 7. The Design Team shall be notified to attend all on -site meetings, review and approve all pay requests, and change order review prior to Mayor's approval. 8. Coordinate with the design team to create plans for closure and detour of both pedestrian and street zones based on construction phasing. k. Project Close Out 1. Provide Warranty Services during the entire Warranty Period. Crafton Tull & Associates 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 Crafton Tull & Associates for completeness before transmitting to the City which include but are not limited to: a. Contractor's red lines and as -built notes b. Provide as -built record drawings noting any changes to the plans prepared by Crafton Tull & Associates (in hard copy and digital format) c. Produce a project narrative that provides a comprehensive review of the construction activities for the project with a project narrative submitted for City approval at the completion of each contract phase RFQ23-02, CMAR — Lake Fayetteville Ballfield Renovations APPENDIXA — SCOPE OF WORK Page 4 of 4 — Last Revised: 03.14.23 Appendix B: Fee Schedule CROSSLAND HEAVY CONTRACTORS March 13, 2023 Amanda Beilfuss Senior Purchasing Agent City of Fayetteville, AR RE: — Lake Fayetteville Ballpark 23-02 - CMAR Preconstruction Services Fee Proposal Ms. Beilfuss, Crossland Heavy Contractors is pleased to present to you our Preconstruction phase services fee proposal for the above referenced project. - The Preconstruction Phase Services shall be a not -to -exceed lump sum of $38,950.00. This includes an amount of $28,950.00 for the Phase 1 Services Scope of Work. An additional allowance of $10,000.00 for potholing with a Hydro —Excavator for up to 40 hours has been included. - The Construction Manager fee shall be 6.0%. - The Fee for Preconstruction phase services shall be invoiced as follows: 50% upon completion of Phase - Construction Documents Phase 50% upon completion of Phase - Bid Phase - Personnel Billing Rates are as follows: i. Project Principal ii. Superintendent/Construction Manager iii. Design Manager iv. CM Project Manager V. Pre -Construction Manager vi. Lead Project Estimator vii. Procurement Manager viii. Safety Director ix. Assistant Superintendent X. Office Engineer A. Estimator xii. Field Engineer xiii. Admin xiv. Operated Hydro -Excavator Please call or email with questions or concerns. Respectfully, Garrett Street Pre -Construction Manager Cell: 620-202-1834 gstreet(c�heavycontractors.com Page 1 of 1 $125.00/hr $105.00/hr $115.00/hr $110.00/hr $110.00/hr $90.00/h r $85.00/hr $85.00/hr $85.00/hr $75.00/hr $75.00/hr $75.00/hr $55.00/hr $250.00/hr (4-hour min.) CITY OF fAYETTEYILLE AR KA N drAS City of Fayetteville, AR Purchasing Division, Room 306 113 W. Mountain Street Fayetteville, AR 72701 Phone: 479-575-8256 TDD (Telecommunication Device for the Deaf): 479.521.1316 RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations DEADLINE: Thursday, February 16, 2023 prior to 2:00:00 PM, local time PRE -PROPOSAL CONFERENCE: Thursday, February 2, 2023 at 2:00 PM on -site at Lake Fayetteville Park, 1153 Lake Fayetteville Rd., Fayetteville, AR 72764 DELIVERY LOCATION: Electronic via the City's Online Bidding Portal PURCHASING CONTACT: Amanda Beilfuss, abeilfuss@fayetteville-ar.gov DATE OF ISSUE AND ADVERTISEMENT: 01,�/23, 01/23/23 & 01/24/23 — Q� VVr 0 v �- Late quali t Ins vA&t e ce ted. Qj Request for Qualifications (RFQ's sal 'qbm' in accordance with the attached City of Fayetteville specifications and RFQ e 'ched hereto. Each Proposer is required to fill in ever blank and shall supply all infor at n requested; failure to do so may be used as Y pp Y q - Y basis of rejection. Any statement of q -C ion will be rejected that violates or conflicts with state, local, or federal laws, ordinanc Jlpolicies. All RFQ's shall be submitted electronically via the City's Online Bidding Portal at http://fayetteville-ar.gov/bids. Physical submittals are not allowed for this RFQ. The proposer hereby offers to furnish & deliver the articles or services as specified, at the terms stated herein, and in strict accordance with the specifications and general conditions of submitting, all of which are made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Purchasing Division. City of Fayetteville, AR RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations Page 1 of 24 City of Fayetteville RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations Advertisement City of Fayetteville, Arkansas Request for Statements of Qualification RFQ 23-02, Construction Manager at Risk (CMAR) for Lake Fayetteville Ballfield Renovations The City of Fayetteville is accepting statements of qualifications from construction management firms properly licensed to provide, construction management / general contractor (CM/GC) services as a construction management at risk (CMAR) / guaranteed maximum (GMP) project for the Lake Fayetteville Ballfield Renovations Project. The project includes storm drainage, fencing & related field infrastructure, natural & synthetic turf, irrigation & pump system, athletic field & parking lot lighting, and sidewalk & parking improvements. Professional Services required include: 1. Ensure all funds are spent in accordance with State of Arkansas Procurement laws 2. Guaranteed maximum price construction 3. Cost Estimating 4. Sub -contractor bidding O 5. Project and change order pricing 6. Schedule control C) 7. Management of demolition and reconstrL ct i-Y, 8. Cost reduction and control 9. Project coordination with the des' n n eer a ity Fa teville. 10. Project close out D�/` "► 11. Warranty V e) V To be considered, statements of qualificai all be led electronically through the City of Fayetteville, Purchasing Division's online bidding platfor by Thur ebruar 16 2023 before 2:00:00 PM, local time. A non -mandatory pre -proposal conference e�Id on Thursday, February 2, 2023 at 2:00 PM on -site at Lake Fayetteville Park 1153 Lake Fayette ie RJN, Fa etteville AR 72764. Meeting information can be found on the City's online bidding platform. The solicitation RFQ & addendums can be downloaded from the City's web site at http://fayetteville- ar.gov/bids. All questions regarding the process should be directed to Amanda Beilfuss at abeilfuss@fayetteville-ar.gov. Statements of qualification submitted shall be qualified to do business and licensed in accordance with all applicable laws of the state and local governments where the project is located. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. City of Fayetteville, AR RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations Page 2 of 24 The City of Fayetteville reserves the right to reject any or all proposals and to waive irregularities therein, and all Proposers shall agree that such rejection shall be without liability on the part of the City of Fayetteville for any damage or claim brought by any Proposer because of such rejections, nor shall the Proposers seek any recourse of any kind against the City of Fayetteville because of such rejections. The filing of any Proposal in response to this invitation shall constitute an agreement of the Proposer to these conditions. City of Fayetteville By: Amanda Beilfuss, Sr. Purchasing Agent P:479.575.8220 abeilfuss@fayetteville-ar.gov TDD (Telecommunications Device for the Deaf): (479) 521-1316 Ad dates: 01.22.2023, 01.23.2023, and 01.24.2023 This publication was paid for by the Purchasing Division of the City of Fayetteville, Arkansas. Amount paid: $XXX.XX. City of Fayetteville, AR RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations Page 3 of 24 City of Fayetteville RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations Table of Contents SECTION: Cover Page Advertisement SECTION A: General Terms & Conditions SECTION B: Vendor References SECTION C: Project Summary and Scope of Work SECTION D: Signature Submittal ti C) 'qQ Ci City of Fayetteville, AR RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations Page 4 of 24 PAGE NUMBER 01 02 05 12 13 City of Fayetteville RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations SECTION A: General Terms & Conditions 1. SUBMISSION OF A STATEMENT OF QUALIFICATION SHALL INCLUDE: a. A written narrative describing the method or manner in which the Proposer proposes to satisfy requirements of this RFQ in the most cost-effective manner. The term Proposer shall be in reference to a firm or individual responding to this solicitation. The term proposal is used in these documents as equal to statement of qualification. b. A description of the Proposer's experience in providing the same or similar services as outlined in the RFQ. This description should include the names of the person(s) who will provide the services, their qualifications, and the years of experience in performing this type of work. Also, include the reference information requested in this RFQ. a. Electronic Submittal: Proposers are required to go to www.faVetteville-ar.gov/bids and follow the prompts to submit a statement of qualifications within the electronic bidding platform. All Proposers must register in order to be able to submit. There is no fee for registration. Physical submittals are not allowed for this RFQ. Q SOQ's shall be prepared simply e omically, providing a straightforward, concise description of its ability to meet th r ire nts for the roject. Fancy bindings, colored displays, and promotional Air al ar n t req. ire Emphasis should be on completeness and clarity int. All bmlttals I ormatted for standard 8 %" x 11" size documentati Ex tion � L V be tics, exhibits, one -page resumes, and City required o ms ropos1 b li ed to twenty- five (25) pages or less, excluding one-p tom res e , refer , and forms required by the City for completion. I� osals be uplc in a PDF format to the City's electronic platform prior the sta dline. �/ Proposals will be reviewed following Only the names of Proposer's will bE the Fayetteville City Council. All inte until after a valid contract has been! c. Proposers shall submit a statem Fayetteville Purchasing Division. ine, as shown on the cover sheet of this document. ?ter the deadline until a contract has been awarded by rties understand proposal documents will not be available ind at that time only for the intended selection. of qualification based on documentation published by the d. Proposals shall be uploaded as a single PDF document to the City of Fayetteville's online electronic bidding 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 23-02, CMAR for Lake Fayetteville Ballfield Renovations Page 5 of 24 any such term non-negotiable. Proposer's desire to take exception to a non-negotiable term will not disqualify it from consideration for award. h. Local time shall be defined as the time in Fayetteville, Arkansas on the due date of the deadline, per the online bidding platform being utilized by the City of Fayetteville Purchasing Division. Documents shall be received before the deadline. 2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION: No oral interpretations will be made to any firms as to the meaning of specifications or any other contract documents. All questions pertaining to the terms and conditions or scope of work of this proposal must be sent in writing via e-mail to the Purchasing Department. Responses to questions may be handled as an addendum if the response would provide clarification to the requirements of the proposal. All such addenda shall become part of the contract documents. The City will not be responsible for any other explanation or interpretation of the proposed RFQ made or given prior to the award of the contract. 3. RIGHTS OF CITY OF FAYETTEVILLE IN THIS PROCESS: In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the following: a. The City of Fayetteville reserves the right to rank firms and negotiate with the highest-ranking firm. Negotiation with an individual Proposer does not re u e negotiation with others. b. The City of Fayetteville reserves the right to s w c he posal th it believes will serve the best interest of the City. c. The City of Fayetteville reserves the right�o ept oer any proposals. d. The City of Fayetteville reserves th igh cancel &hN\ntire re es . e. The City of Fayetteville reser e right edy or �a a technical or immaterial errors in the request for statements of q ion or r g sub f. The City of Fayetteville reserves th ri t que necessary clarifications, additional information, or proposal data without changing s f oposal. g. The City of Fayetteville reserves the right oke selection of the Proposer to perform the services required on the basis of the original pro without negotiation. 4. EVALUATION CRITERIA: Cj The evaluation criteria define the factors that will be used by the selection committee to evaluate and score responsive, responsible and qualified proposals. Proposers shall include sufficient information to allow the selection committee to thoroughly evaluate and score proposals. Each proposal submitted shall be evaluated and ranked by a selection committee. The contract will be awarded to the most qualified Proposer, per the evaluation criteria listed in this RFQ. Proposers are not guaranteed to be ranked. 5. COSTS INCURRED BY PROPOSERS: All expenses involved with the preparation and submission of proposals to the City, or any work performed in connection therewith, shall be borne solely by the Proposer(s). No payment will be made for any responses received, or for any other effort required of, or made by, the Proposer(s) prior to contract commencement. City of Fayetteville, AR RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations Page 6 of 24 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. Purchasing Agent, in writing, of all potential conflicts of interest for any prospective business association, interest, or other circumstance which may influence or appear to influence the Proposer's judgment or quality of services being provided. Such written notification shall identify the prospective business association, interest or circumstance, the nature of which the Proposer may undertake and request an opinion to the City as to whether the association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the Proposer. The City agrees to communicate with the Proposer its opinion via e-mail or first-class mail within thirty days of receipt of notification. 8. WITHDRAWAL OF STATEMENT: A statement of qualification may be withdrawn io t�lthe time set for the proposal submittal deadline based on a written request from an autho rese tati e of t m; however, a statement of qualification shall not be withdrawn after Ft r e set f th rop al line.Is 9. LATE PROPOSAL OR MODIFICATIONS: a Proposal and modifications recei the ti for t pr115osal submittal shall not be considered. Modifications in receive to th ine will be accepted. The City will not be responsible for misdirected opos uld ref heir submission status in the online electronic bidding platform to e sure s,1� ion cgra tion. 10. LOCAL, STATE, AND FEDERAL COMPLIAM a. The laws of the State of Arkansas apply t any purchase made under this request for statements of qualification. Proposers shall comp) h I local, state, and federal directives, orders and laws as applicable to this proposal and su eq t contract(s) including but not limited to Equal Employment Opportunity (EEO), Disadvantaged B i ess Enterprises (DBE), & OSHA as applicable to this contract. b. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. 11. COLLUSION: The Proposer, by affixing his or her signature to this proposal, agrees to the following: "Proposer certifies that his proposal is made without previous understanding, agreement, or connection with any person, firm or corporation making a proposal for the same item(s) and/or services and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action." City of Fayetteville, AR RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations Page 7 of 24 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 to the FOIA may be assessed for this compliance. c. Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law applying to the case. 13. CITY INDEMNIFICATION: The successful Proposer(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the services or any part thereof covered by this order, and such obligation shall survive acceptance of the services and payment thereof by the City. 14. VARIANCE FROM STANDARD TERMS & CONDITIONS:gr All standard terms and conditions stated in this requa ents of lification apply to this contract except as specifically stated in the subsequen ions of is ocu nt hich take precedence, and should be fully understood by Proposers prio t Mittin propos o t requirement. 15. ADA REQUIREMENT FOR PUBLIC NOTIC R SLAT Persons with disabilities requiring s able aodati to participate in this proceeding/event, should call 479.521.1316 (telec u .cations e for t f), not later than seven days prior to the deadline. Persons needing trans ion of cume contact the City of Fayetteville, Purchasing Division immediately. GJ 16. PAYMENTS AND INVOICING: P The Proposer must specify in their propos xact company name and address which must be the same as invoices submitted for payment as award of this RFQ. Further, the successful Proposer is responsible for immediately notifying ee rchasing Division of any company name change, which would cause invoicing to change from the name used at the time of the original RFQ. Payment will be made within thirty days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest or penalty for untimely payments. Payments can be processed through Proposer's acceptance of Visa at no additional costs to the City for expedited payment processing. The City will not agree to allow any increase in hourly rates by the contract without PRIOR Fayetteville City Council approval. 17. CANCELLATION: a. The City reserves the right to cancel this contract without cause by giving thirty (30) days prior notice to the Contractor in writing of the intention to cancel or with cause if at any time the Contractor fails to fulfill or abide by any of the terms or conditions specified. b. Failure of the contractor to comply with any of the provisions of the contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Fayetteville. City of Fayetteville, AR RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations Page 8 of 24 c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right to cancel and obtain from another source, any items and/or services which have not been delivered within the period of time from the date of order as determined by the City of Fayetteville. d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the vendor of such occurrence and contract shall terminate of the last day of the current fiscal period without penalty or expense to the City. 18. ASSIGNMENT, SUBCONTRACTING, CORPORATE ACQUISITIONS AND/OR MERGERS: a. The CMAR shall perform this contract. No assignment of subcontracting shall be allowed without prior written consent of the City. If a Proposer intends to subcontract a portion of this work, the Proposer shall disclose such intent in the proposal submitted as a result of this RFQ. b. In the event of a corporate acquisition and/or merger, the CMAR shall provide written notice to the City within thirty (30) calendar days of Contractor's notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this contract, which shall not be unreasonably exercised by the City, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state, or federal laws. Action by the City awarding a proposal to a firm that has disclosed its intent to assign or subcontract in its response to the RFQ, without exception shall constit e approval for purpose of this Agreement. 19. NON-EXCLUSIVE CONTRACT: Award of this RFQ shall impose no obligation on e 4to ut�iz�ee ven o r all work of this type, which ma develo durin the contract eriod. Thi n n excl snt City specifically reserves the Y p g p � Y p Y right to concurrently contract with other comes f wo deems such an action to be in the City's best interest. In the case of mu ip hase c s, t h i Sion shall apply separately to each item. 20. ADDITIONAL REQUIREMENTS: Qj The City reserves the right to req est a i I ser dating to this RFQ from the Proposer. When approved by the City as an amend thect and authorized in writing prior to work, the Contractor shall provide such additional quirerni s may become necessary. 21. SERVICES AGREEMENT: �`� A written agreement, in substantially t e f 11' attached, incorporating the RFQ and the successful proposal will be prepared by the City, signed Qe successful Proposer and presented to the Fayetteville City Council for approval and signature of the Mayor. 22. INTEGRITY OF STATEMENT OF QUALIFICATION (RFQ) DOCUMENTS: Proposers shall use the original RFQ form(s) provided by the Purchasing Division and enter information only in the spaces where a response is requested. Proposers may use an attachment as an addendum to the RFQ form(s) if sufficient space is not available on the original form for the Proposer to enter a complete response. Any modifications or alterations to the original RFQ documents by the Proposer, whether intentional or otherwise, will constitute grounds for rejection of such RFQ response. Any such modifications or alterations a Proposer wishes to propose shall be clearly stated in the Proposer's RFQ response and presented in the form of an addendum to the original RFQ documents. City of Fayetteville, AR RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations Page 9 of 24 23. LOBBYING: Lobbying or communicating with selection committee members, City of Fayetteville employees, or elected officials regarding request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by the bidder/proposer/protestor or any member of the bid der's/propose r's/protector's staff, and agent of the bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an organization that is responding to the request for proposal, request for qualification, bid or contract, or has a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from contacting the Purchasing Division to address situations such as clarification and/or questions related to the procurement process. For purposes of this provision lobbying activities or communication shall include but not be limited to, influencing or attempting to influence action or non -action in connection with any request for proposal, request for qualification, bid or contract through direct or indirect oral or written communication or an attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any request for proposal, request for qualification, bid or contract to be rejected. 24. DEBARRED ENTITIES: By submitting a statement of qualification, vendor stat s ubmitting entity is not a debarred company with the federal, any state, or local government. O 25. OTHER GENERAL CONDITIONS: I r Q C. Proposers shall provide the City with pro o a signs an em e aving legal authority to submit proposals on behalf of the ProposC he entire f pr and providing responses shall be borne by the Proposer.' The City reserves the right est anynal iIZtion it deems necessary from any or all Proposers after the submissi a 01tcorn The request for statement ofo is to be construed as an offer, a contract, or a q qP commitment of any kind; nor do ' 4 city to pay for any costs incurred by Proposer in preparation. It shall be clearly understood at ny costs incurred by the Proposer in responding to this request for statements of qualification the Proposer's own risk and expense as a cost of doing business. The City of Fayetteville sf��a1T rl e liable for reimbursement to the Proposer for any expense so incurred, regardless of whether X"A 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. 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 and/or goods to be provided. We encourage all interested parties to ask questions to enable all Proposers to be on equal terms. No oral interpretation or clarifications will be given as to the meaning of any part of this request for statements of qualification. All questions, clarifications, and requests, together with answers, if any, will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed until after a contract is in place. City of Fayetteville, AR RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations Page 10 of 24 g. At the discretion of the City, one or more firms may be asked for more detailed information before final ranking of the firms, which may also include oral interviews. h. Any information provided herein is intended to assist the Proposer in the preparation of proposals necessary to properly respond to this RFQ. The RFQ is designed to provide qualified Proposers with sufficient basic information to submit proposals meeting minimum specifications and/or test requirements but is not intended to limit a RFQ's content or to exclude any relevant or essential data. i. Proposers irrevocably consent that any legal action or proceeding against it under, arising out of or in any manner relating to this Contract shall be controlled by Arkansas law. Proposer hereby expressly and irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of jurisdiction or improper venue or any similar basis. j. The successful Proposer shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of City of Fayetteville. In case the successful Proposer assigns all or any part of any monies due or to become due under this Contract, the Instrument of assignment shall contain a clause substantially to the effect that is agreed that the right of the assignee in and to any monies due or to become due to the successful Proposer shall be subject to prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the services called for in this contract. k. The successful Proposer's attention is directed t h ct that all applicable Federal and State laws, municipal ordinances, and the rules and regulatio II a orities having jurisdiction over the services shall apply to the contract throughout, and t AI e de me to be n)elf ed in the contract as though written out in full herein. The successfulo er she hi e fully informed of all laws, ordinances and regulations of the Fed al, �Sie, an * u pal ents or authorities in any manner affecting those engaged or employ in viding tl�s�ervices in any way affecting the conduct of the services and of all orders and de odies d unals ng any jurisdiction or authority over same. If any discrepancy or inco�1�i�n y should disco n these Contract Documents or in the specifications herein referredrelati t any s h ordinance, regulation, order or decree, s/he shall herewith report the same in w ' in t� of ville. p � Y 26. INSURANCE: a. Any project selected under this RFQ s Auire professional liability insurance in the amount of $1 million US dollars, at minimum. S6ale'd to of Insurance shall list the City as an additional insured and not be required unless firm is 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 iii. Worker's Compensation: Statutory amount iv. General Automotive Insurance as required by state law City of Fayetteville, AR RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations Page 11 of 24 27. SELECTION CRITERIA: The evaluation criterion below defines the factors which will be used by the selection committee to evaluate and score responsive, responsible and qualified proposals. The evaluation factors are as follows: 1. 30 Points — Specialized experience and technical competence of the firm with respect to the type of professional services required 2. 25 Points — Capacity and capability of the firm to perform the work in question including specialized services, within the time limitations fixed for the completion of the project 3. 25 Points — Past record of performance of the firm with respect to such factors as control of costs, quality of work, and ability to meet schedules and deadlines 4. 20 Points — Firm's proximity to and familiarity with the area in which the project is located ****NOTE: Fees shall NOT be included with any statement of qualification. Price shall not be a considered a factor used to select a vendor. Price and fees will not be considered until the negotiating process and will be a factor in the award of any proposed contract. In the event the City is not able to negotiate a successful contract with the selected vendor, the City reserves the right to cease negotiations with such selected vendor and proceed on to the next selected vendor. O � CG Q- `L • O- & ` I�F I�F P � CGS City of Fayetteville, AR RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations Page 12 of 24 City of Fayetteville RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations 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 NUMBER OF EMPLOYEES PLANNED FOR THIS CONTRACT: FULLTIME PARTTIME PLEASE LIST FOUR (4) REFERENCES IN WHICH CMAR HAS PREVIOUSLY PERFORMED CONTRACT SERVICES FOR WITHIN THE PAST FIVE (5) YEARS FOR PROJECTS OF SIMILAR SCOPE AND SIZE (All fields must be completed): 1. 2. COMPANY NAME COMPANY NAME CITY, STATE, ZIP Y, STATE, ZIP CONTACT PERSON ^ ONTA T P SON TELEPHONE � HONE FAX NUMBER N D,FAX le V E-MAIL ADDRESS � - A \C-1 ADDRESS 3. 4. COMPANY NAME COMPANY NAME Cj CITY, STATE, ZIP CITY, STATE, ZIP CONTACT PERSON CONTACT PERSON TELEPHONE TELEPHONE FAX NUMBER FAX NUMBER E-MAIL ADDRESS E-MAIL ADDRESS City of Fayetteville, AR RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations Page 13 of 24 City of Fayetteville RFQ 22-07, CMAR for Lake Fayetteville Softball Renovations Section C: Project Summary and Scope of Work A). PROJECT SUMMARY I. The City of Fayetteville is accepting statements of qualifications from licensed professionals to provide construction management at risk (CMAR) services for the Lake Fayetteville Softball Renovation Project. The project includes storm drainage, fencing & related field infrastructure, natural & synthetic turf, irrigation & pump system, athletic field & parking lot lighting, and sidewalk & parking improvements. • Storm Drainage 1. Enhance and/or replace the existing storm drainage to accommodate runoff from field and parking areas. 2. Grade fields and/or install in field drainage system to provide controlled drainage from field surface. 3. Provide drainage system under syntheti turf infield that connects to storm drain. • Fencing & Related Field Infrastructure O I 1. Replace existing chain link f "ng)ithol - pcoa ed c i with a mow strip. 2. Provide backstop fenci d tting Inatio ers, and bleacher covers for safety of spectators. '& 3. Provide covered link dugo d tea es. 4. Provide batting e system it netting rf covered concrete pad. 5. Provide foul poles, sc nd ffii �igjn'age. • Natural & Synthetic Turf 1. Certified hybrid Bermuda s d in outfield. 2. Synthetic turf infield v h u tiple base settings to accommodate multiple uses. • Irrigation & Pump System 1. Provide new irrigation to outfield turf. 2. Provide upgraded irrigation pump system to utilize lake water. • Athletic Field & Parking Lot Lighting 1. Relocate athletic field lighting poles as necessary. 2. Add lighting for batting cages. 3. Add security lighting for complex and parking lot. City of Fayetteville, AR RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations Page 14 of 24 • Sidewalk & Parking Improvements 1. Provide concrete ADA sidewalks and concourse as needed. 2. Provide ADA parking spaces as needed and improve parking lot layout with tree islands. 3. Improve dumpster pad and approach. 4. Improve hard surface use areas as needed. Crafton Tull & Associates, Inc. is serving as the lead design professional for this project. III. Protect funding: The total project funding is encompassed by a voter approved bond issue. B). PROJECT INFORMATION & REQUIREMENTS I. Request for Qualifications (RFQ) responses shall be submitted from one single primary construction manager firm with each additional contracted third party as a subcontractor to the primary. The primary firm in addition to any contracted third party shall be disclosed with the RFQ response and be considered the project team for the overall construction scope of the project. This requirement to provide sub - consultant professionals does not include subcon a for trades for the actual construction items (Electrical, Masonry etc.) as those items will be bid5�� ontract award. I. Responses shall not include price or hourly es r any p ici tru r icing shall be negotiated with the top ranked selected firm only and is co t par is selection. The City intends to negotiate each phase as a not to exc d�e with th cted fi II. It is the intent of this solicita enter in utua eficial agreement indicated by the draft provided with this RFQ. V" III. The Primary responding firm shall been e instructing a wide variety of streetscape elements such as; street reconstruction sharelJ-use a rails sidewalks stormwater infrastructure lighting, g g, signalization, landscaping, irrigation an ific pavement materials. Respondents to this RFQ shall submit at least three (3) similar ty within the past 10 years that demonstrates successful street projects. Q. SCOPE OF WORK I. Overview: Anticipated phases are identified below with associated scope of work. Scope of work is not limited to any additional industry standard scope of work necessary to complete each phase. Selected Primary firm shall coordinate with the design team composed of Crafton Tull & Associates Inc. and the City of Fayetteville in order to achieve best value for the overall success of the project, including working to achieve maximum cost savings. Coordination with design team is critical for all phases. II. PHASE 1: Design Development and Construction Drawings from the current plans to final plans City of Fayetteville, AR RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations Page 15 of 24 a. Construction Documents Phase i. Review Construction Documents/Plans and Specifications. Crafton Tull & Associates will submit construction document sets to the design team and the Construction Manager, and electronic versions as necessary, for review, cost analysis and approval. (100% plan review). ii. Attend follow up meetings with the design team. iii. Provide guidance to Crafton Tull & Associates to find efficient solutions to the plans to reflect issues noted the design team, inclusive of any necessary redesign prompted from the permit process. iv. Construction Documents/Plans, Specifications and Project Drawings shall be routed through the City of Fayetteville for required approvals. v. Assist Crafton Tull & Associates in responding in writing to all Design Team comments on plans. vi. Assist Crafton Tull & Associates a h ity with the bid form and identify all separate trade packages. CJ vii. Facilitate with Crafton Tul & A ociae nd the D earn in conducting cost -benefit analyses to underst c struc k osts, if - le cost impacts and long-term maintenance costs AN viii. Coordinate t desi , toy plans for closure and detour of both pedestrian and eet zo sed on truction phasing. b. Bid Phase P \co i. Coordinate with City, r i g Division to ensure all procedures followed for this phase meet state laws and f Fayetteville Purchasing Policies. ii. Provide services for reproduction and dissemination of bid sets (project manual and stamped drawings) to the City Design Team [PM (1), Purchasing (1) and interested bidders]. Documents should be made available to any interested party electronically at no cost. iii. Provide distribution of plans to all interested parties. 1. Maintain open communication with the City of Fayetteville Purchasing Division throughout the bidding process. 2. Distribution of all documents shall be done in a fair and unbiased manner while keeping all interested parties on equal terms. City of Fayetteville, AR RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations Page 16 of 24 3. Document and keep an updated accurate record of plan holder's and provide updated listings to all interested parties in a timely manner. 4. Answers to questions and inquiries shall be made in the form of an addendum and shall be provided to all interested parties at the same time. iv. Coordinate with City Purchasing Division during pre -bid meeting, facilitate and attend the Bid Opening. v. Maintain open communication with the City Purchasing Division during any process involving Request for Information (RFI). vi. Any addenda shall be provided to the Purchasing Division for review and approval in advance of issuance. Bidders, interested parties, and plan holders shall receive all information included in addenda at the time addenda is issued. vii. In the event the CMAR desires to self -perform a portion of the work or a trade package, the CMAR shall submit a bid package in the same time and manner as other interested parties. an ix. Assist with the design of all Bid Pr a Review Crafton Tull & Assoc s Recomcr atio f rd Letter that includes the following required conten ( ssistu4LJ�: 1. Check for `V rs an cite y thematical discrepancies, 2. Review balance s,► 3. Coor th th urcha il�ivision in finalizing a Certified Bid Tabulation includin n�inear�c imate. *� 4 5 6 Revi Expl MeE x. Attend City Constructio... iding and references provided, en the Engineer's estimate and bids, and nal written recommendation of award. commendation for award of Contract(s) for III. Phase 2 Guaranteed Maximum Price and Construction Administration Phase a. Construction Administration Phase i. Put forth diligent and fiscally responsible efforts to ensure the project will be completed on time and within budget. ii. Attend Pre -Construction meeting and conduct regular update meetings as jointly determined by the Design Team and contracted construction companies. iii. Coordinate with Crafton Tull & Associates and the Design Team on all Request for Change Proposals, Change Orders, etc. including maintaining a log of all such documents. City of Fayetteville, AR RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations Page 17 of 24 iv. The City of Fayetteville intends to provide regular construction administration services. Crafton Tull & Associates will provide field services, progress meetings, and progress payment review and assistance on a bi-monthly basis. v. Review site visit report from the Crafton Tull & Associates, and City of Fayetteville staff team at least twice (2) per month. vi. Coordinate with the Design Team to conduct Substantial Completion Inspection, coordinate with architect to create punch list, substantiate that items noted are completed, and issue Substantial Completion Certificate. vii. The Design Team shall be notified to attend all on -site meetings, review and approve all pay requests, and change order review prior to Mayor's approval. viii. Coordinate with the design team to create plans for closure and detour of both pedestrian and street zones based on construction phasing. b. Project Close Out O I�' i. Provide Warranty Services du i �ie entire a rant rio Crafton Tull & Associates to issue Warranty Reports a w itea after th s notified the City that these items are complete. V` ii. Provide support ces as ne uring t oject close out process. iii. Provide close It sub to Cra o ►1 uVll & Associates for completeness before transmitting to the h Inclu � are not limited to: 1. Contractor's red lines ns-built notes 2. Provide as -Built, drawings noting any changes to the plans prepared by Crafton Tull ss I t s (in hard copy and digital format) 3. Produce a t 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 D). PROFESSIONAL SERVICES AND ADDITIONAL REQUIREMENTS: I. Professional Services: a. Any entity responding to this RFQ shall be a current licensed contractor with the State of Arkansas Contractor's Licensing Board. Failure to hold a current contractor's license shall result in submittal rejection. All subcontractors on the project shall be properly licensed by the State of Arkansas Contractor's Licensing Board. City of Fayetteville, AR RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations Page 18 of 24 b. Any industry standard cost share or savings incentive practices desired for discussion during contract negotiations should be disclosed with RFQ response. Cost sharing practice shall be presented in the format of a general best practices approach and contract terms and shall not include pricing related figures. Pricing and fees are not part of the selection criteria and shall not be include with RFQ submittal. c. The resulting contract of this solicitation shall be a Guaranteed Maximum Price (GMP) construction contract; however, price itself shall not be considered until a firm has been selected based on qualifications. Price will be negotiated with the most qualified firm, as evaluated and voted on by the selection committee. d. Performance and payment bonding. After a contract has been awarded to the selected construction manager (CM) and within ten (10) calendar days of the final construction contract being finalized, provide a 100% separate performance and payment bond to the City of Fayetteville after being file marked at the Washington County Circuit Clerk's Office. e. Construction contracts for the project shall not be entered into without a 100% payment and performance bond in the amount of the contract and any amendments thereto and shall provide for the manner in which the construction shall be managed and supervised. Bonds shall be valid and exchanged between all parties. The CMAR shall hold all trade contracts and purchase orders and shall bond and guarantee the project. f. After contract award, the awarded CM�I ur a certificate of insurance showing that insurance policies are carried in amt�accept le the ity. Forms of insurance shall be, Comprehensive General Liabili B er's isk, ro r mage Insurance, Worker's Compensation, and Automobil cov ge. ura II be kept in full force and in effect until all work has been says ct y com t and ac ted. All certificates of insurance shall list the City of Fayettevill a dditio 1 I ured. g. Ensure all funds spe accor with f Arkansas procurement laws, including but not limited to • Ensuring CMAR i er license with the Arkansas Contractors Licensing Board • Ensuring all subcor+►tNA, on the project are properly licensed by the Arkansas Contractors Lice PA and • Compliance within: state law including but not limited to sections: o A.C.A. § 14-58-1001 o A.C.A. § 19-11-801 o A.C.A. § 17-25-101 o A.C.A. § 17-38-101 o A.C.A. § 17-33-101 o A.C.A. § 12-13-101 o A.C.A. § 12-80-101 o A.C.A. § 22-9-101 o A.C.A. § 22-9-103 City of Fayetteville, AR RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations Page 19 of 24 o A.C.A. § 22-9-104 o A.C.A. § 22-9-213 o A.C.A. § 22-9-401 o A.C.A. § 22-9-501 o A.C.A. § 22-9-601 o A.C.A. § 22-9-701 o And all competitive bidding statutes shall remain in full force and effect and not be affected hereby o This project shall not authorize a design -build project contract or sub- contracts h. Project and change order pricing i. Schedule control j. Cost reduction and control k. Project coordination I. Project close out m. Warranty O G II. Submittal Requirements: The RFQ submi uld co tain the I response items arranged in order, tabbed, and with a table of con te Ir rder 's a a r review process and to obtain the maximum degree of comparability, it i q d that t e mi tal organized in the manner specified. a. Title Page: Show the of agen add rg nd telephone number, name of contact person, date, and su Q 23- b. Table of Contents: Include cl r tific f the material by section and bYpg page number. c. Letter of Interest: Name, ad ess, briery of firm and Submitter's interest in the proposed project. Briefly state the agency/fi uTiderstands the work to be done and makes a positive commitment to perform the va - ive the name of the person(s) who will be authorized to make representation for th u`a ter, their titles, addresses and telephone numbers. Describe the perceived strengths to c��ut the project. d. Project Team Organization: Provide an organizational chart indicating the relationship between the Submitter's staff members who have responsibilities related to this project. Indicate on the chart the names of key personnel and their titles. Submit professional qualifications and resumes of staff to be assigned to this project, showing where they have performed work on similar projects including Construction Management GMP projects. e. Specialized and Past Experience: Provide information regarding past experience in relation the services requested in this RFQ including information pertaining to customer satisfaction, timely completion, and meeting budgets on similar projects executed under a GMP contracting format. Actual price and fees shall not be included in submittal. f. Schedule: Submitter shall provide a general schedule for the completion of the scope of the specified project. City of Fayetteville, AR RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations Page 20 of 24 g. Additional Background: All Submitters are invited to include a maximum of two pages of information not included above which may be useful and applicable to this project. III. Items to Specifically Include with Response: Responses shall include the following in addition to other requirements specified. a. Prior experience constructing streetscape and similar project types. b. Statement regarding understanding of pre -construction services and approach to billing for pre - construction services. Included as part of this statement should include a clear definition of understanding for what a Guaranteed Maximum Price (GMP) means. c. Records of management teams on similar projects with timely completion, and high -quality workmanship. d. Records of previous similar projects with owner verification and contact information. Please provide contact information including reference contacts of the owner and architect on at least 3 projects. These projects should be within the past five years. e. Current and projected workload f. Current maximum bonding capacity and rate g. Proof of licensure from the State of Arkansa ntractor's Licensing Board ANTICIPATED PROJECT TIMELINE: CJ O Date T' e scription Sunday 1/22/23, 1/23/23, and 1/24/23 Ad ent for Q in ocal newspaper, 3 consecutive days Thursday, February 2, 2023 PM 10 - roposal ce — open to all interested parties Thursday, February 16, 2023 2:00 PM eadline t u it a Statement of Qualification —electronic only Sele mmittee Meeting —short list firms TBD TB TBD TBD N Int ws with short listed firms • �y All interested parties are advised, per City, that all contact between interested parties and the City shall be through the City of Fayetteville Purchasing Division. Interested parties are strictly forbidden to discuss this project with any City Staff member or Elected Official. City of Fayetteville, AR RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations Page 21 of 24 City of Fayetteville RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations SECTION D: Signature Submittal 1. Disclosure Information Proposer shall disclose any possible conflict of interest or disclose any financial interest with the City of Fayetteville, including, but not limited to, City of Fayetteville employees. Proposer response shall disclose if a known relationship exists between any principal or employee of submitting firm or its team members or sub -consultants, and any City of Fayetteville employee, or elected City of Fayetteville Official. If, to your knowledge, no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. This form must be completed and returned in order for your bid/proposal to be eligible for consideration. PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRIATELY APPLIES TO YOUR FIRM: 1) NO KNOWN RELATIONSHIP EXISTS 2) RELATIONSHIP EXISTS (Please explain): V I certifythat; as an officer of this organization, or per t tti�d letQrouthori ati I am dul authorized to certif g pY Y the information provided herein is accurate and tru ncy orgy zhal o ith all State and Federal Equal Opportunity and Non -Discrimination requirements an ndi plo e Contact Information 'G At the discretion of the City, one or i s may be for m iled information before final ranking of the firms, which may also include oral inte ews. NOT a Propos submit to the City a primary contact name, e- mail address, and phone number (preferably a c I e nu here the City selection committee can call for clarification or interview via telephone. P \C_1 Name of Firm: Name of Primary Contact: Title of Primary Contact: Phone#1 (cell preferred): E-Mail Address: Phone#2: 3. Please acknowledge receipt of addenda for this invitation to bid, request for proposal, or request for qualification by signing and dating below. All addendums are hereby made a part of the bid or RFQ documents to the same extent as though it were originally included therein. Proposers/Bidders should indicate their receipt of same in the appropriate blank listed herein. Failure to do so may subject vendor to disqualification. City of Fayetteville, AR RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations Page 22 of 24 ADDENDUM NO. SIGNATURE AND PRINTED NAME DATE ACKNOWLEDGED 4. As an interested party on this project, you are required to provide debarment/suspension certification indicating compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. 5. Signature certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. 6. Pursuant to Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in w h they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time durin��c t a t the contractor decides to boycott Israel, the contractor must notify the contracted public entity in wri-C�t\ G � Q- 7. SUB CONSULTANTS AND TEAM INFORMATION: • Proposer hereby certifies that proposals from t ow g con wer the preparation of this statement of qualification. Proposer shall attach addition pe nieces is se ion ly applies if CMAR is proposing a sub consultant for estimating, scheduling, acc 5g/payroll o-constr c in trade services. Type of Work: Subcontractor's Name: Arkansas License No: .� Address: Date Firm Established: Percentage of Work: Type of Work: Subcontractor's Name: Arkansas License No: Address: Date Firm Established: Percentage of Work: City of Fayetteville, AR RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations Page 23 of 24 Questions regarding this form should be directed to the City of Fayetteville Purchasing Division. NAME: COMPANY: PHYSICAL ADDRESS: MAILING ADDRESS: TAX ID#: SAM UEI#: PHONE: FAX: E-MAIL: ARKANSAS CONTRACTOR'S LICENSE #: ARKANSAS SECRETARY OF STATE FILING #: Signed by: O CG C�- SIGNATURE. PRINTED NAME TITLE: DATE: G� City of Fayetteville, AR RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations Page 24 of 24 CITY OF FAYETT EVILLE AR KAN A RFQ 23-02 Addendum 2 Crossland Heavy Contractors, Inc. Supplier Response Event Information e) Number: RFQ 23-02 Addendum 2 Title: CMAR for Lake Fayetteville II Y Re ovations O Type: Request for Qualification Issue Date: 1 /22/2023 nn�• Deadline: 2/16/2023 02:00 PM Notes: ` The City of F e0e is g e is of qualifications from constructi anage fir o rly licensed to provide, constructi age en ontractor (CM/GC) services as a constructio man nt a MAR) / guaranteed maximum (GMP) project f ake F ye Ville Ballfield Renovations Project. The project inc des SA drainage, fencing & related field infrastructure, natural & etic turf, irrigation & pump system, athletic field &parking lot li h nh►' and sidewalk & parking improvements. mow` mow_✓ Contact Informa ' Contact: Aman a ' fuss Address: Purch ' Room 306 City Hall 113 West Mountain Street - Room 306 Fayetteville, AR 72701 Email: abeilfuss@fayetteville-ar.gov Page 1 of 2 pages Vendor: Crossland Heavy Contractors, Inc. RFQ 23-02 Addendum 2 Crossland Heavy Contractors, Inc. Information Contact: Kaylee Mann Address: 501 S. East Ave Columbus, KS 66725 Phone: (620) 429-1410 Email: kmann@heavycontractors.com By submitting your response, you certify that you are authorized to represent and bind your company. Dan Thompson dthompson@heavycontractors.com Signature Email Submitted at 2/16/2023 12:29:01 PM (CT) Requested Attachments RFQ 23-02, Response Lake Fayetteville Ballfield Renovations - Crossland Heavy Contractors Submission.pdf Submittal e) Please upload your completed response, including all require orms. O f�O (7!�4e �J ry O d G Page 2 of 2 pages Vendor: Crossland Heavy Contractors, Inc. RFQ 23-02 Addendum 2 LAKE FAYETTEVILLE ALLFIELD o 0 toProject Team Organizati,,.. Qj 05 Organizational C t 06 Project Team u s O I • r - O ` ONrcl '�e) 13 ct rofile X ,�F _n e Re 20 r oPro'e Sc edule AC101" a► Hack round 22ssland Heavy _J ecified Items 25 Streetscape Project Experience 26 Understanding of Pre -Construction Services 27 Records of Management Teams 28 Current & Projected Workload 29 Bonding Capacity Letter 30 Arkansas Contractor's License 31 City of Fayetteville Forms The City of Fayetteville Purchasing Division, Room 306 113 W. Mountain Street Fayetteville, AR 72701 RE: RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations Every park project that we are fortunate enough to construct is a project that I look forward to not only because they're fun to build, but also because I can enjoy the final product with my family afterwards. Our entire team feels the same - our favorite projects are the ones we know we will be able to experience with the ones we love the most after our hard work is complete. We look back on these projects with immense pride and count them among some of our finest. We strive to provide a quality service to the local community and to help you on your mission to provide efficient and effective municipal services to the community through a culture of transparent leadership, excellence, and teamwork. V As Community Builders, it is our mission to help our mmunities to grow, impr,d prepare for all that the future may bring. Part of the pride t in our Northwest as Community has come from our work — we have built the p s r fa ilies play in. ucted the water treatment plants that supply our homes, wi end e ro s hich im �Jbur commutes, laid miles of trails that we walk and bike, an v 1 ped brau I stre e`s which enhance our Friday nights on the town. We are proud to e p wit i of Fayetteville on many projects throughout the region toe an e t e live ch me er of your community. We love Northwest Arkansas, and we ea rcipat e op o nity to help our community grow and thrive. n.� V Throughout our submission y u will i ighli our experience, our team, and our intentions for your project. Our h cted a members will be acutely focused on cost control, quality workmanship, collab ration Est the project team, and fast -track scheduling throughout the course of your project, st i with an effective Pre -Construction phase. Our experience expanding the Kessler Moua1► egional Park has prepared us to take on the Lake Fayetteville Ballfields. We underst scope, we actively maintain relationships with all the subs and suppliers, we have the rriience to mitigate risks and to capitalize on efficiencies, and we have proven that we ca plete the project to the highest level of quality ahead of the deadline for the start of bas ason. We understand the market, we understand the needs of this project and of the�1'� yetteville, and we are the team you can trust to bring this project to reach its highest p en�a . Wishing you all the best on this exciting project, Dan Thompson Vice President / Arkansas Division Manager 705 S. Lincoln St., Lowell, AR 72745 479.366.1637 dthompson@heavycontractors.com I AM 10I 4 -1 v, Ino II�N�1►`1r1j 1111 PROJECT TEAM ORGANIZATION ■ Pre -Construction CITY OF FAYETTEVILLE ARKANSAS Dan Thorwon ` Proje ive �aliid Cox werintendent Pre -Construction & Construction ■ Construction Our team members work together throughout the Pre -Construction and Construction Phases so that you can be sure there is a seamless transition with no knowledge -gap as your project progresses. PROJECT TEAM ORGANIZATION 0 DAN THOMPSON Project Executive CONTACT 701 Your Advocate throughout your Project As Vice President of the Company and Manager of the Arkansas Division, Dan is responsible for supervising all management personnel based and operating within the Arkansas Division. He directly oversees all projects in his region, providing input and executive authorization. He actively maintains relationships with each of Crossland Heavy's valued partners and seeks out ways in which the company can serve them better. Dan is an extremely active and involved Division Manager and offers guidance and direction throughout the life of each of his Division's projects. Dan oversees each project's budget and schedule, ensuring that Crossland Heavy is doing everything possible to meet or exceed our Owners' expectations. He offers input and guidance as necessary to help each project reach a timely and cost-efficient completion. Z Highlight Projec Kessler M i egional Park Ph. 2, $ . dthompson@heavycontractors.com Ci of 2§44ttevi , 0 479.366.1637 YEARS OF EXPERIENCE 27 Years i a 'ties: Baseb rk, Simil �o e, Tight Timeline O hit e ark, Grand Re D`am, utho Watts, OK Simil 'ti : CMA , Pa Recreation, Tight Timeline, CM Team C al P rovements, Fayetteville, AR, $3.OM EDUCATION � of ille, AR B.S. Construction Engineering & s: Simil ' ieark/Recreation Project, Tight Timeline P � Technology � Pittsburg State University CERTIFICATIONS OSHA 10 Hour Smith Driving Certified AREAS OF EXPERTISE Equipment Procurement Safety Organization Cost Saving Ideas Value Engineering Communication Tight Scheduling Scenarios Risk Mitigation Budget Adherence Addlt,�e XPerlence -Build Projects: Davidson WWTP, Hot Springs, AR, $4.6M Tyson WWTP, Green Forest, AR $3.3M G�O Decatur WWTP MBR Expansion, Decatur, AR, $9.6M RWU Train 2 Rehabilitation, Rogers, AR, $4.6M CMAR Projects: BWD FTW & Solids Processing Impr., Lowell, AR, $4M RWU Solids Handling Facility Ph 1, Rogers, AR, $7.8M Design -Bid -Build Projects: PWWSD No. 23 WTP, Fredonia, KS, $21.3M Beaver Water Treatment Plant, Lowell, AR, $26.2M CIVIC INVOLVEMENT River Intake & Dam Investigation, Fort Scott, KS, $2M Springdale Rotary Club Tyson WWTP Renovation, Springdale, AR, $2.6M PROJECT TEAM ORGANIZATION RYAN ADLER, DBIA Guiding your project smoothly through Pre -Construction Ryan brings over 14 years of experience in the Construction Industry, active involvement in the Design Build Institute of America, and a full resume of successful collaborative delivery projects. He has a wealth of experience in conceptual estimating, target pricing, value engineering, and constructibility review and has a deep understanding of the best practices for CMAR and Design -Build projects. Ryan's vast project experience and his active involvement in many professional organizations will bring a wealth of value to this project. A cost estimation expert, Ryan will offer valuable insight on budget, schedule, and overall constructibility. He will partner with the Pre - Construction Manager Garrett to ensure the project's constructibility and to provide value engineering ideas that will guarantee you the best value project. Pre -Construction Director CONTACT Highlight Projec WOKA W Park, $28.7M 0 radler@heavycontractors.com Gr nd 1I� Da ZNority, Watt ties: CMAk/Recre ght Timeline, CM Team O 479.721.5082 Dec Exp� sign -Build, $9.7M City of c , AR YEARS OF EXPERIENCE Simil it : Colla ora ve Delivery, Renovation & Rehabilitation 14 Years 1 Ro in II i itation Design -Build, $4.6M EDUCATION gers a ilities, Rogers, AR B.S. Technology Construction �Similaritie ollaborative Delivery, Renovation & Rehabilitation Management P Pittsburg State University AddiXp erience CERTIFICATIONS Build Projects: DBIA �'w OSHA 30 Hour _rJ Davidson WWTP, Hot Springs, AR, $4.7M Associate Constructor (AC) Tyson WWTP, Green Forest, AR $3.3M Trenching/Excavation Training �O Decatur Headworks Imprvmts, Decatur, AR, $7M Rigging & Signaling Certified G CMAR Projects: ACI Concrete Field Testing Tech HAZCOM-GHS Training RWU Solids Handling Facility Ph 1, Rogers, AR, $7.8M General Fall Protection Training Mid -Town Corridor, Fayetteville, AR, $14.5M AREAS OF EXPERTISE Collaborative Delivery Cost Saving Ideas Engaging Subcontractors Value Engineering Communication Risk Mitigation Budget Adherence Hochatown Off -site Imprvmts, Hochatown, OK, $20M Design -Bid -Build Projects: Broken Arrow WTP, Broken Arrow, OK, $57.8M Lake Ft. Smith WTP, Fort Smith, AR, $32M Decatur WWTP, Decatur, AR, $8.4M Tyson Data Center, Springdale, AR, $11 M PROJECT TEAM ORGANIZATION 0 GARRETT STREET, ASSOC. DBIA Pre -Construction Manager CONTACT 7-A] Ensuring Cost -Confidence through Pre -Construction Garrett will manage your project through the Pre -Construction Phase, offering insightful innovations on budget, schedule, value engineering, and overall constructibility throughout the design phase. He keeps the books completely open so you can be 100% confident in every construction dollar you spend. He will work to attract the best subcontractors and suppliers to participate on bid day, ensuring you have both cost certainty and cost confidence when it comes time to execute your GMP. Through his certification with the Design Build Institute of America, Garrett has cutting -edge knowledge of the best practices for collaborative delivery projects, including CMAR and Design - Build. He brings nearly 10 years of experience in the Construction Industry, and a full resume of successful projects. �w► V Highlight Projec _✓ Davidson nT esign-Build, $4.61`0 gstreet@heavycontractors.com Cit of sl i R O O 620.202.1834 YEARS OF EXPERIENCE 9 Years EDUCATION ities: Colla r ive Deli ovation & Rehabilitation De� W Exp s sign -Build, $9.7M 'aCity of c , AR simil it : Colla ora 've Delivery, Renovation & Rehabilitation IqQ Roin II i i ation Design -Build, $4.6M g ers a ilities, Rogers, AR R—Y41aritie ollaboratiDliR&Rhbilit ve every, enovation ea B.S. Technology Construction ation Management Pittsburg State University CERTIFICATIONS OSHA 10 Hour Confined Space Trenching/Excavation Trai Forklift Operator Certified ACI Concrete Field Tech. AREAS OF EXPERTISE Collaborative Delivery Safety Cost Saving Ideas Material Contracts Engaging Subcontractors Value Engineering Communication Risk Mitigation Budget Adherence P *.W)P Addi ' 1x erience `'; fma Avenue Streetscape Impr., Springdale, AR, $1.3M Schwans Site Development, Stillwell, OK, $2.3M ning Box Canyon WWTP Impr., Branson, MO, $2.OM �p5i�b Allen Road EQ Basin, Centerton, AR, $2.1 M Grad�1 ) �/ Central Tunnels +Bridges, Bella Vista, AR, $3.2M Kathleen Johnson Memorial Park, Lowell, AR, $2.4M Tuscany + Sienna Subdivision, Tontitown, AR, $2.6M 56th Street Waterline, Springdale, AR, $5M Maple + Lafayette Bridge Rehab, Fayetteville, AR, $2M Tyson Data Center, Springdale, AR, $11 M Scull Creek Drainage Impr., Fayetteville, AR, $1.2M Tyson Shared Services Parking Lot, Springdale, AR, $1.4M Prairie Grove WWTP Expansion, Prairie Grove, AR, $7.5M PROJECT TEAM ORGANIZATION 0 RON EDMOND Senior Project Manager CONTACT u Continually adding Value to your Project Ron will be your main contact through the Construction Phase. Throughout the course of your project, Ron will manage all cost accounting and contract administration activities. Ron will also serve as your project's document control manager, maintaining a descriptive project log and database that archives all documents associated with your project. Ron's experience constructing the Kessler Mountain Regional Park Ph. 2 project will bring value and efficiency to this project. His relationships with each of the subcontractors and suppliers on that project will be essential to your success on this project as well. Ron is also currently completing a $30M recreational CMAR project, in which he has gained a wealth of experience which he will apply to his management of this CMAR project. Ron's clients will all tell you he keeps their best interest at heart, and he is someone they feel they can trust 100%. Highlight Projec Kessler Mi egional Park Ph. 2, redmond@heavycontractors.com Ci of ttev' R O 918.281.9182 YEARS OF EXPERIENCE 16 Years EDUCATION r 'ties: Baseb Irk, Simil e, Tight Timeline • O hi0+e� rk, Grand Ram Auth y, Watts, OK Simi l 'ti :CM,PP I�/Recreation, Tight Timeline, CM Team C I P r`oveemments, Fayetteville, AR, $3.OM �y of ille, AR B.S. Construction Engineering & Simil ' ies: ark/Recreation Project, Tight Timeline Technology Pittsburg State University CERTIFICATIONS OSHA 30 Hour Confined Space Rigging/Signaling Training Forklift Operator Certified AREAS OF EXPERTISE CMAR Projects Safety Cost Saving Ideas Time Saving Ideas Managing Subcontractors Value Engineering Risk Mitigation Budget Adherence Efficiency Add, ' 6xperience `INWSD #23 WTF, Fredonia, KS, $21.3M Air WWTP Ph. 1 & 2, New Century, KS, $6.2M Monett Water Treatment Facility, Monett, MO, $10.5M G�O Broken Arrow WTP, Tulsa, OK, $57.8M Biosolids Treatment Improvements, Springfield, MO, $36M NSWWTP Headworks Improvements, Tulsa, OK, $12.7M Beaver Water Switch. Station 1A Gen., Lowell, AR, $2.3M Northside WWTP Digesters 3 & 4 Impr., Tulsa, OK, $5.31M Fort Scott River Intake & Dam Invest., Fort Scott, KS, $2.2M Centennial Park Improvements, Fayetteville, AR, $3.OM SWTP Plant 2 Filter Retrofit, Springfield, MO, $2.3M Village on the Creeks Trail, Rogers, AR, $1.6M Fulbright Ramp - N. Shiloh Drive, Fayetteville, AR, $1.71M PROJECT TEAM ORGANIZATION m JARED COX Superintendent CONTACT 0 jcox@heavycontractors.com O 417.621.1634 YEARS OF EXPERIENCE Driving the Schedule for an on -time Completion As your Superintendent, Jared is responsible for your project's quality, driving the schedule, controlling costs, and keeping everyone safe. He oversees all field personnel, including field engineers, subcontractors, and tradespersons. He communicates with the project management team, subcontractors, suppliers, and with Crossland's self -performing crews every day, so your project maintains optimum efficiency. He attends all project meetings and keeps the entire project team well-informed of progress and any potential issues that may arise. Jared will develop and implement detailed production schedules and hold safety and pre -task planning meetings with site personnel every week. He places a particular emphasis on quality and holds everyone on the job site to a high standard. Jared's education as a Civil Engineer has equipped him with the technical knowledge that sets him apart from many others in the industry. Combined with his field experience, Jared has a p understanding of how to construct each project he works on to the h quality. O Highligh rryry�s O w C t n ial Paiko� y of Fbille, Simila ' '.ark/ Ile, AR, $3.OM Project, Tight Timeline 6 Years IN Gene e BI vements, $5.3M IqQf S ale, AR EDUCATION ilari rete & Asphalt Work, Specialty Features B.S. Civil Engineering University Arkansas innagle Roundabouts & Uptown Street Impr., $10.9M 0 ogers, AR CERTIFICATIONS arities: Park/Recreation Project, Tight Timeline Signaling Trained Forklift Operator Certified itional Experience OSHA 10 Hour Snorkel Lift Certified Tyson Foods Wastewater Reno., Springdale, AR, $2.6M Crosby Rigging Certified �O Trenching/Excavation CertifiedCi Crystal Flats Site Utilities, Bentonville, AR, $1.OM General Fall Protection Training Locust Creek Street & Approach, Lead Hill, AR, $1.6M Confined Space Trained Sain Street Extension, Fayetteville, AR, $4.4M Laser Safety Oak St. and Uptown Overpass Impr., Rogers, AR, $20.7M Hot Work Safety Lockout Tag -out Trained Hefner WTP Sludge Hdlg. Facilities, Oklahoma City, $36M AREAS OF EXPERTISE Dirt work Safety Civil Engineering Street Improvements Constructibility PROJECT TEAM ORGANIZATION m BRANDON BENTLEY Lead Estimator CONTACT 0 bbentley@heavycontractors.com 0 620.423.4306 YEARS OF EXPERIENCE 12 Years EDUCATION M.S. Engineering Technology B.S. Technology Construction Management Pittsburg State University CERTIFICATIONS ACI Field Testing Tech Cert. Signaling Trained Forklift Operator Certified OSHA 10 Hour Involving the Local Workforce to provide 100°i° Open -Book Pricing Brandon began his career at Crossland Heavy in the field. He worked his way up to Structure Superintendent, and excelled at managing crews, schedules, subcontractors, quality, and safety. From his field experience, Brandon has developed estimating skills that are unmatched by many others in this industry. As your Lead Estimator, Brandon will accurately analyze your project's scope, reviewing plans to develop the best construction approach. He'll craft accurate target pricing using his experience and his connections in the industry. The Lead Estimator on a number of Design Build and CMAR projects, Brandon understands the design iteration process, constructibility review, and pricing phases. On the WOKA Whitewater Park CMAR Project, Brandon developed multiple value engineering options, working with subcontractors and engineers across the industry, to bring the project closer to budget for the Owner. Highlight Proj WOKA G ri — V caIqQ Tur W City o Si 'es: R e rain �gers �Simil ' ies: (j�V r Park, $28.7M DeN a ority, Watt CMAk/Recre 'ght Timeline, CM Team ��R E x p sign -Build, $9.7M i r Alm IF Delivery, Renovation &Rehabilitation bilitation Design -Build, $4.6M ilities, Rogers, AR borative Delivery, Renovation &Rehabilitation Davidson WWTP, Hot Springs, AR, $4.6M Decatur Headworks Impr✓mts, Decatur, AR, $7M /00 CMAR Projects: HAZCOM - GHS Training Snorkel Lift Certified Crosby Rigging Certified Trenching/Excavation Certified General Fall Protection Training AREAS OF EXPERTISE Accurate Costing Cost Saving Ideas Value Engineering Risk Mitigation Budget Adherence BWD FTW &Solids Processing Impr., Lowell, AR, $4M Hochatown Offsite Imprvmts, Hochatown, OK, $20M Design -Bid -Build Projects: Broken Arrow WTP, Tulsa, OK, $57.8M Hedge Ln. Pump Station &Rsvr, Olathe, KS, $21.4M Prairie Grove WWTP, Prairie Grove, AR, $7.7M Haikey Creek WWTP EQ Basin, Broken Arrow, OK, $9.4M WWTP &Collection Impr., Louisburg, KS, $11.1 M Nall Ave. Pump Station &Rsvr, Leawood, KS, $9.1 M e) - ' SOCIALIZED & PAST SPECIALIZED & PAST EXPERIENCE CHC TEAM Ron Edmond - Project Mgr. Brandon Bentley - Estimator Dan Thompson - Executive $8,090,683 V nity's pre-*aseball KESSLER MOUNTAIN REGIONAL PARK PHASE 2 Q PROJECT LOCATION ENGINEER Fayetteville, AR Garver RfWl1 DELIVERY METHOD Jeff Webb 479.287.4634 Design -Bid -Build rS-i CLIENT City of Fayetteville Ted Jack 479,444.3469 © CONTRACT AMOUNT Working efficiently to open the c u park 45 days early �� The Cityof Fayetteville hired Crossland Heavy o t ctors Y Y construct four new baseball fields, adding onto bu ing Ke� Mountain Regional Park. Our scope included c at' grad' landscaping fourturffields, installing newba t agefaciliti cin field lighting, installing the scoreboard concr ewall, installing new water, sewer, and drainage tilities, ctinq� concession stand and restroom facilities, an .n n bleat with rain covers and dugouts at each field. Du g co sty tl City asked CHC to price a new asphalt parking lot to pr e or tl additional cars of the patrons who would be using th fields ar to repair a slope issue that was impacting their curr Ids. We we able to complete the project including both o,�change order while battling adverse weather conditions, 4 ahead of schedul SPECIALIZED & PAST EXPERIENCE m WOKA WHITEWATER KAYAK PARK O PROJECT LOCATION Watts, OK j,W-a DELIVERY METHOD CMAR L,&J CLIENT Grand River Dam Authority Holly Moore 918.610.9707 © CONTRACT AMOUNT $28 680 443 ENGINEER Merrick Dan Shea 303.800.9066 CHC TEAM Ron Edmond - Project Mgr. Brandon Bentley - Estimator Dan Thompson - Executive Ryan Adler - Pre -Con Mgr. V Collaborating to construct a sta %the -art pa r NWA 5 Crossland Heavy constructed the WOKA Whitewai�r Per in th� 'OftP� Ok _"U:� SPECIALIZED & PAST EXPERIENCE BELLA VISTA CENTRAL TUNNELS & BRIDGES Q PROJECT LOCATION ENGINEER Bella Vista, AR CEI Engineering Associates DELIVERY METHOD Jacob Shy 479.273.9472 Design -Bid -Build rS-i CLIENT City of Bella Vista Derek Linn 479.268.4980 © CONTRACT AMOUNT $3,221,423 Returning $42k to the Owner thr soil reuse In an effort to increase biker and hiker safetytwork, the it on th ' ai � Y of Bella Vista hired CHC to construct 7 tunnels and rid t ne their existing trails, creating a network of ov r 1 miles of r Four o the tunnels ran under existing highways, ated ane us excavated materials to keep the traffic and to e C r�y a on fill. Our crews poured large concre d walls e he new tunnel structures and constructed block r ainin t eac reating a transition from the existing trailheads to t els. T la est of the three bridges crosses Little Sugar Creek and is e long N r�%traffic bearing bridge structure in Arkansas. Projects of this magnitu e n be challenging to manage with the distance between each site t frequent discovery of unknown underground utilities, and tig�ing spaces. Our team worked diligently to manage equipment, c raffic, locate and protect underground utilities, and complete the safely. CHC TEAM Garrett Street - Project Mgr. Brandon Bentley - Estimator Dan Thompson - Executive 9 SPECIALIZED & PAST EXPERIENCE STREET IMPROVEMENTS AT SHAW PARK O PROJECT LOCATION Springdale, AR RfWl1 DELIVERY METHOD Design -Bid -Build rS-i CLIENT Milestone Construction Co. Mike Davis 479.751.3560 ENGINEER Engineering Services, Inc. Jason Appel 479.751.8733 CHC TEAM Dan Thompson - Executive © CONTRACT AMOUNT $2,966,088 ' D V Constructing accessible roads a ewalks for ngdales newest park Q Crossland Heavy'Contractors worked with Mileston s 'truc o V to complete the roadway improvements assocwi their construction of Shaw Family Park in Spri le rkans Roadway improvements included a reconstr n of existin ays associated with the park, pouring new 5' i s and placin utilities, asphalt paving, improving storm ainagef,� nstr i a 2,480 square foot concrete retaining wall. s eavy f- performed several elements of this work includirsi e utili orm. drain, and concrete work. Despite wet weather which ited our schedule, we worked quickly and efficiently and compI e project on time and under budget. Shaw Park is now acc by motorists and pedestrians and able to be enjoyed`ngdale's active _ community. o`' SPECIALIZED & PAST EXPERIENCE m ROGERS POLLUTION CONTROL TRAIN II REHABILITATION Q PROJECT LOCATION Rogers, AR RfW-a DELIVERY METHOD Progressive Design -Build L�J CLIENT Rogers Water Utilities Brian Sartain 479.936.5426 ENGINEER Olsson Brad Hammond bhammond@olsson.com CHC TEAM Ryan Adler - Pre -Con Mgr. Garrett Street - Project Mgr. Brandon Bentley - Estimator © CONTRACT AMOUNT $4,664,272 D' Eliminating uncertainty early on red the to rm success this collaborative project Q nJ � The Progressive Design -Build delivery method enab� to it firs f the construction during the Pre - Construction Phase. Our team drained, cleaned an evaluated rdenph or oncrete degradation, then we mapped out the problem areas, greatly reducing the rruns rojefo^jing he Construction Phase. At 60% designed, CHC, in collaboration with Olsson, asse e bid packs d ev a d uppliers &subcontractors best suited for the project and RWU's needs. The Construc se incl ncr ur repair, full -depth concrete patching, partial depth concrete patching, and specified coatings i high tr igh areas such as spill ways, walk ways, and corners. We also replaced equipment including 150 HP sur nted *xer rators, 15-40 HP surface mounted mixers. We installed new blower piping and blowers, weir gates for le I contr �r ulation pumps, handrail, stairs, landings, and new catwalks. Finally, electrical and control upgrades were completed. Through collaboration and open book transpar cIN WU, we were able to deliver this project on time and under budget, returning nearly $200,000 to RWU. The Uti able to use that money for other plant improvements that they hadn't originally thought would be manageable w' funding for this fiscal year. 0. �O Jormim li III ' I -LA ( I , - rov of RELEVANT PROJECT EXPERIENCE RWU SOLIDS HANDLING FACILITY IMPROVEMENTS - PHASE 1 Q PROJECT LOCATION Rogers, AR RfW-a DELIVERY METHOD CMAR L�J CLIENT Rogers Water Utilities Brian Sartain 479.936.5426 ENGINEER Garver Chris Buntin 479.287.4657 CHC TEAM Dan Thompson - Executive Ryan Adler - Pre -Con Mgr. © CONTRACT AMOUNT $7,521,318 Nearly in unused contin eturned t Owner 9� � nJ Q This particular project was the first phase of r projec improving the plant's existing Class A bios sys em. P one improvements included a new lab 'and Ns building, an additional centrifuge an er feed c �1`� rance %I for redundancy, along with a tubula system �L�tora silos. This project serves as one of the t colla e pr utilizing the Construction Management At- very meth for a municipality in the State of Arkansas. ese im nts � ��,i i x; .�•,��'-,'�' ,:�� allow the City to maintain a safer, more efficient soh andling I�� and distribution process. Crossland Heavy kept en book P policy throughout the project and ended t e t under the Guaranteed Maximum Price, returning 6 in unused contingency to Rogers Water Utilities. • • d SCHEDULE Schedule & Work Sequencing Our approach to our CMAR projects is to integrate all Pre -Construction deliverables into the CPM schedule at early stages in the design to show all project milestones that affect the critical path of the project. The Pre -Construction milestones will include CMAR and Design deliverables such as design interval deadlines, target pricing submittals, bid periods for a given work package, durations for permits, and GMP submittals. During the Construction Phase, our team will bring our extensive Parks and Recreation experience including our very recently completed Kessler Mountain Regional Park. We began that project with a tight timeline, accommodated two complex change orders, and still completed the project over one month early. Our thorough understanding of properly sequenced construction activities to achieve an on -time completion will ensure that we produce an accurate and efficient schedule for the Lake Fayetteville Ballfield Renovation project as well. A well thought out and executed schedule is essential to a successful project outcome. CHC prides itself on completing projects on time and within budget and is prepared to utilize our available resources as necessary to assist in making this happen. CHIC has produced a preliminary CPM schedule with the integration of design time lines, CM deliverables, construction activities, and expected completion dates outlined by the City of Fayetteville. Fayetteville Ball Field CMAR CHIC - Updating Layout 15-Feb-23 09:23 Activity ID Activity Name Ong! nal Duation Remaining Duration Actual Start Actual Finish Finish Activity % Complete Total Float 2023 2024 Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Project Milestones G At200 Project Design ®® 262 108 262 108 r 054Mar-24 02-Aug-23 0% 0 sign. �\ to Proct?ed, , ------------- ----------------------- -+-------------------------------�----------------j-------------------------------t---------------- -,V,y O , 26-Oct-23, Procuement O ! (�►�) Light Poles/Electrieal Components Misc. Metals -- -- ----�-'--------------- +-------------Pi eMatenals----'---------------urf&Fi------e*ri-----------t----------- ♦ � t p urf & Fie Id Accessories Storm Drain Materials -------- -- - --- ----�I------------------------------ t-------Clear& -- ------------------------------'�---------------------------------------------- -(V�I�/1• Sae Grading EV 2 Stormdrain Upgrades -----`-'- ------ -----------Misc. Site----------------L----------------- ----- Utility --------r----------------------------------------------t----------------t---- eS Li 06-Dec23, North Feld ------------------- Re -Grade Infield e ----------------`- install New --------------1------------ ----stall NewDraina- System -------------- Bleacher Upgrades Turf Installation Fence &Hardware Upgrades --'2�-Deo-23, SW Fie0 --- - -----------------------`----------------'---------'--------------—— — `--------------`-----------`------------ - ------------------------------------------ , —— — —Re-Grade Infield j w Drainage System outs Upgrades ud 6tallation -----------------'------------------------------'---------------------------------------------------------------P-----------------'---------------- ------------' Fence & Hardware 11Jao-2 R�-Grade Infield, Install New Drainage System es ------------F---------------i - --------------'----------------'-----------------------------------------------F----------------------- Upgrades urf Installed MFence & T-­/ 21-Dec-23, Parking L Demolish Select Areas -------as - - -A-Demolish -----------------`-------------------------------'-'----------------`---------------`----------------`---------------'--------- ----- -----------',--------------', Corstmd Islands Re-sripe Parking Are Demolish E Re-G ------------P---------------`------------------------------1----------------t-------------------------------t----------------�---------------`---------------------------- 05-Mar-24, 05-Mar-24, Substantial --------------Completion ----Puchlist-- Final Comp ---------- , 02-Feb-24, Constriction Pha 29Jao-24, Eart ----------- �nt--------- Site Restoration, l­,Jan24, Site Utilities ------ -- - Mi /Electrical Upgrades ' -------------', -------------- - -------------- ', ----------------------- pgrades ----- ', SE Feld - -------------- l ardmm Upgrades it Improvements) ----------------------------- 02-Feb-24, CommonArea Im ing Uri -Even Concrete Surfaces de Common Area ---------- ----------------- F/P/F Concrete Common Are A1000 Notice to Proceed 1 1 03-Aug-23 0 % 0 n A1010 Substantial Completion 1 1 05-Feb-24 0% 0 A1020 Puxiilist 20 20 04 r-24 0% 0 A1030 Final Completion 1 1 OS-Mar24 a-------------',---------( 0/ 0 g M A1040 Light Poles/Electrical Components 60 60 23 26-W-23 0 % 93 93 A1050 � A1060 Misc. Metals Turf & Fe Id Accessories 60 60 601 60 26-0ct-23 26-0ct-23 0 % 93 A1070 Pipe p 15 15 24 23 -At5 0% A1080 Storm Drain Materials 15 15 24 -23 0% 138 onsbuctl ;r Earthwork 131 -24 7 127 29Jao-24 A1090 Clear& Grub 5 5 10-Aug-23 0 0 A1100 Site Grading 8 8 22-Aug-23 0 O A1110 Site Restoration 4 4 29Jao-24 0% 26 Site Udildes 110 110 23Jao-24 A1120 form ram Upgrades 5 5 - A1130 Misc. Site Utility Work 10 10 10-0d-23 0% 0 ® A1210 L' hti /Electrical Upgrades gn9 75 75 23Jao-24 0% 26 r� Norlh Ftel 41 41 06-0eo-23 64 p A1140 Re -Grade Infield 5 5 17-0ct-23 0% 0----------------------------------- � A1150 Install New Drainage System 8 8 27-0ct-23 0% A1160 Dugout Upgrades 6 6 O6�lov-23 0% A1170 Bleacher Upgrades 7 7 1544ov-23 0% A1180 Turf Installation 11 11 304Nov-23 p A1190 Fence & Hardware Upgrades 4 4 06-Dec23 0 64 Y& SW Field 41 254)eo-23 51 p A1220 Re -Grade Infield 5 5 03-Nov-23 0% 0 W A1230 Irstall New Drainage System 8 8 15 0% 01 iiiiiiii A1240 Dugout Upgrades 6 6 23 v-23 0% 51 i� A1250 Bleacher Upgrades 7 7 04 -23 0% 51 i� A1260 Turf Installation 11 11 19-Deo- 0 % 51 p A1270 Fence & Hardware Upgrades 4 4 25-Deo-23 0% 51 rjo SE Field Er 41 41 11Jao-24 O A1280 Re -Grade Infield 5 5 2244ov-23 0% 0 A1290 Install New Drainage System 8 8 04-Deo-23 0% 0 A1300 Dugout Upgrades 6 6 12-Dec23 0% 38 A1310 Bleacher Upgrades 7 7 21-Deo-23 0% 38 A1320 Turf Installation 11 11 05Jao-24 0 % 38 A1330 Fence & Hardware Upgrades 4 4 11Jan-24 0% 38 rr Parking Lotimprovements 13 1 21-Deo-23 0 A1340 Demolish Select Areas 3 3 074Deo-23 0% 0 A1350 Corstmct Islands 9 9 20-Dec-23 0% 0 p A1360 Yj Common Area A1370 iiiiiiii A1380 Re -Stripe Parking Area 1 1 21-Deo-23 0% 0 Improvments Demolish Existing Uo-Even Concrete Surfaces 31 31 02-Feb-24 0 11 11 05Jao-24 0% 0 Re -Grade CommonArea 6 6 15Jao-24 0% 0 i� A1390 F/P/F Concrete Common Area Surfaces 14 14 02-Feb-24 0 % 0 _.. milli N;1liIli llll►`II ADDITIONAL BACKGROUND Q� Crossland Heavy Saves you Time and Money Crossland Companies is rapidly growing our collaborative delivery resume, while we continue to hard bid and win more and more work every year. We feel that having recent experience in all the current construction project delivery methods makes us a well-rounded, competitive contractor who can pass our experience onto our owners in the form of time and money savings: ■ Developing Value Engineering options with Engineers & Owners early in the design ■ Getting the best price from the most qualified subcontractors and suppliers ■ Ensuring confidence that our GMPs are accurate and competitive ■ Competitively and efficiently self -performing work ■ Eliminating third -tier markup by bidding work to subcontractors - not GCs $50m of Crossland -owned Equipment �� A"rkansa ♦CIO _J �O G 34 Arkansas communities we've performed work in Alm 13 Arkansas -based employees 59 Parks & Recreation Projects completed in the Midwest ADDITIONAL BACKGROUND What sets us apart Crossland Heavy is one of the most experienced CMAR heavy civil contractors in Northwest Arkansas. We have been performing collaborative delivery work since it was first allowed by Arkansas law in 2015. Our goal is always to achieve the best value project for our owners and to return money to them at the end of our projects. We save our owners money because we self -perform much of our work, we hire local subcontractors for scopes we do not self -perform, we seek out cost -saving ideas throughout Pre -Construction & Construction, we follow all CMAR best practices, and we work for the good of our communities. Through our most recent project at the Kessler Mountain relationships, the scheduling experience, and the knowledg, to succeed on this project. We will leverage our relations our scheduling experience will ensure an on -time co tic comes with taking on a baseball field project fo�i!e firecreational and infrastructure projects and ca one tc gained subcontractor & supplier )all ' ecificationsthat will help us ,� ighest quality subcontractors, IK ahead of the learning curve that . r you have depended on for many you have for years to come. A small-town company founded on the valueT*of TrL �onsibility, Integrity, and Passion, every Crossland Heavy employee works with the needs of our owners at the our minds. We strive to build Trust with our owners through honest communication and keeping our books otake responsibility for the quality of the work we do. We work with integrity, always doing the right thing deszt#66�!t. And we work with passion -each of us loves what we do every day, and we love the communities where we IjAur mission is to strengthen the foundations of our communities, and we work hard to carry out that mission every 1* 0RM I] SPECIFIED ITEMS Streetscape & Similar Projects Arkansas Street - $13M Rogers, AR Monte Ne Road Realignment - $9M Rogers, AR 3rd to 8th St. Greenway Trail - $1 M Rogers, AR Park Street ��VI Springd f , 0.q, , V N: "'* e) L'%X0 co rd Street, Ph III - $2M (j- Bentonville, AR 15th St. Arterial Rehab - $6M Tulsa, OK Bellview Road North - $11 M Rogers, AR COT Cameron Streetscape - $307k Tulsa, OK SPECIFIED ITEMS m Understanding of Pre -Construction Services COST OF THE WORK + CONSTRIpN� I�NAGER'S�GMP 'IY1t v Establishing the Cost of thw7l Establishing the Contingency ..11 CHC takes an approach to establishing s that maintain an open book methodo d that account for the true market con Our team typically executes our G ter the project goes to public bid. Th' roach limits the risk for potential G M P aes and ensures you ay exactly what the �ct costs, and not p p a penny more. To date our team has executed 100% of our Collaborative Delivery projects without executing a GMP change. CHC's approach to contingency development and management is that contingency should be quantified by an individual activity within a scope of work and never just an overall percentage of the project. With this approach, we keep contingency within manageable and realistic sums, and on every one of our projects thus far, we've closed the project with unused contingency that we've put back into our owners' pockets. The project owns the contingency! Our approach to utilizing contingency during construction is with approval by the City of Fayetteville through a contingency allocation request (CAR). CARs will be tracked by the CM Project Manager Ron Edmond and reviewed during monthly progress meetings. SPECIFIED ITEMS Records of Management Teams on Similar Projects N C d 'O N O m C � r LCh E •� m c CM W a C c = C rC+ p y C. N X W p m L N L C C �C R Y V � Dan T Ry AQ Garre Stree Ron Edrn Jared Cox Brandon Bentl Our team members in our as Division collaborate often while working through the challenges on their proje elieve our division is better when our team members collaborate frequently, even on proj cts ere they aren't staffed to the same project team. SPECIFIED ITEMS Current & Projected Workload Project Owasso WWTP & Main Lift Station Owner Owasso Public Works Authority Contract Amount $ 21,187,879 Est. Completion 23-Feb LLWWTP UV Disinfection Improvements Broken Arrow Municipal Authority $ 5,841,000 22-Aug Owasso 116th Widening Garnett to 129th City of Oswasso $ 8,603,000 23-Jun COT NA 8063 City of Tulsa $ 3,870,000 23-Jun Hefner WTP Ozone Expansion City of Oklahoma City Water Utilities Trust $ 44,432,000 25-Jul RMUA WPC 22-2 Regional Metropolitian Utility Authority $ 484,000 23-Aug COT 7th and 8th St Aerterial Rehab City of Tulsa $ 4,146,0 23-May NSWWTP Digester Improvements Project Tulsa Metropolitan Utility Authority $ 2,392, 23-Jun South Canadian WWTP Improvements City of Oklahoma City Water Utilities Trust $ 213, 27-Jan AB Jewell Clarifier No. 3 Improvements Tulsa Metr 'tan Utility Authority $ rNLIA1600 23-Jul Mohawk WTP - RAW Water Bldg Augur Removal Tulsa KJW,,L3pc1t0 Utility Authority 81,000 23-Apr 2 Inch Waterline Replacement - NW Tulsa Tulsa ALtrApVan Utility Authority 1,538,000 23-Sep AB Jewell Sodium Hydroxide Improvements a %01*rolitareilit uthority 1,763,623 24-Mar Hefner Surge Enhancements it Oklahoma Cit r Utilities 21109,985 23-May COT NA MZ 1153 it Tulsa $ 4,784,000 23-Nov Junction City WTP Improvements Phase 2 ' of Ju W0,40, CF7 Z 11 $ 12,210,000 22-Dec Kaw WTP Electrical & Mechaincal Imps Contract 2 City of La c $ 4,457,000 22-Apr Turkey Creek WWTF Miscellaneous Improvements Johns y Wa ter $ 2,145,500 23-May Topeka WTP West Plain Basin Rehab Citv o ka $ 10,249,300 23-May Missouri River Intake HVAC Improvements & o e cement 10 e [Tistricteb.iNAenson County $ 1,560,000 23-Jun Wyss Pumping Station Engine Generator Facile ,a erOnejftlx $ 5,776,500 23-Dec Middle Basin Misc Electrical Improvement nson stewater $ 203,459 23-May DLSMB InDense Pilot Johnson Co ty Wastewater TBD 23-Mar Olathe Sodium Hypo Tank Replacement y the $ 349,815 23-May Facility 2 Filer No. 27 Rebuild ter $ 239,000 23-Apr Larson Building Demo oh on County Wastewater $ 75,000 23-Feb Airport Fire Pump Replacement nson County $ 97,000 23-Jun Lime Silo Slaker Addition City of Independence Water Department $ 3,748,400 25-Feb Clear Creek Lift Station Upgrades X dF Jw ity of Springdale City of Springdale $ 3,144,900 $ 3,438,550 23-Feb 23-Mar Butterfield Coach Lift Station Upgrades Alpena Wastewater System Improvements gr Town of Alpena, Arkansas $ 4,321,600 23-May NEO CM South Lake and Green Groove - Outfo§rlwAre Nabholz Construction Corporation $ 347,118 23-Apr 8th St Corridor Improvements City of Bentonville $ 27,802,588 24-Jul Har-Ber Ave. Ext. - 40th St. to Guten R City of Springdale $ 11,386,350 23-Jul Springdale Water Utilities Wastewat TF tase 1 Improvements City of Springdale Water and Sewer $ 51,394,137 25-Feb Prairie Grove WWTP Expansion City of Prairie Grove $ 7,358,000 23-Jul Pinnacle Hills Roundabouts and Uptown Street Improvements City of Rogers $ 10,857,450 24-Aug SPECIFIED ITEMS m Bonding Information IMA PROTECTING ASSETS, MAKING A DIFFERENCE. February 13, 2023 City of Fayetteville, Arkansas Purchasing Division, Room 306 113 W. Mountain Street Fayetteville, AR 72701 Re: Crossland Heavy Contractors, Inc. Project: Request for Qualifications 23-02 for Construction M r a R' , To Whom It May Concern, Our agency manages the surety bond program for Crosslanfl behalf. The IMA team has known and worked with Crossland watched Crossland, time and time again, earn their di exceptional knowledge of the construction indwitri The manner for their clients; they truly are a com ►C IAfies relatiol i more that I am pleased to write this letter on behalf. ` Surety bonds for Crossland are under rich Ame ' ance written by Fidelity and Deposit Company aryland (a of Zurich Zurich American Insurance Company and Fidelity and os pany of, ratings by the A.M. Best Company and a combine ury listing exc of the Chubb Group of Companies, which carries a e Ral-g Treasury listing exceeding $445,000,000, when incI 'ng the fuk 40 V Lake Fayetteville Ballfield Re S ,In , we h ve been as te this letter to you on their rd we In highest regard. We have i aRny and als of high integrity with an Ilently delivers q y projects in a timely and cost-effective doingk0em%jight. It is for these reasons and so many �� and Federal Insurance Company. Bonds are typically m rica nsurance Company) and Federal Insurance Company. y a maintain "A+ (Superior)", "XV ($2 Billion or greater)" e g $734,000,000. Federal Insurance Company is a member + (Superior)", "XV ($2 Billion or greater)"; Federal enjoys a ily of companies this Treasury listing exceeds $1 Billion. Zurich American Insurance Company and Federal Insuranc -would positively consider approval of surety bonds for Crossland on individual contracts of $500 Million and an aggregate cos -c plete total company backlog of $3 Billion. These numbers are guidelines and not limits of surety support. Crossland's surefies/w sitively consider larger projects or program on a project -by -project basis. Premium for surety bonds is calculated based 1%ue factors for each individual contract. Typically, Crossland's surety bond premiums average between 0.4% and 0.9% of the tota a value. Please note these rates are subject to change and are not guaranteed. Crossland's surety partners are favora cuting surety bonds upon acceptable review of all contract terms, bond forms and financing for any project as well as other per>' erwriting information that may be deemed necessary. The arrangement for performance and payment bonds is a matter b en ssland and their sureties; neither the sureties, IMA, Inc., Crossland or any affiliates assume any liability to you or any parties for aly reason bonds are not written. I am proud to recommend Crossland Heavy Contractors, Inc. to you. If you should have any questions, or require additional information, please do not hesitate to contact myself or Crossland. Sincerely, Camille O. Parman Surety Account Manager 913-982-3679 / Camille.parman@imacorp.com IMA, Inc. 19393 W. 110th St., Suite 600 1 Overland Park, KS 662101913.982.3650 1 imacorp.com Insurance I Employee Benefits I Surety I Risk Management SPECIFIED ITEMS Proof of Licensure License No. 0067301123 State of Arkansas Commercial Contractors Licensing Board CROSSLAND HEAVY CONTRACTORS, INC. 501 S EAST AVENUE COLUMBUS, KS 66725 This is to Certify That CROSSLAND HEAVY CONTRACTORS, INC. is duly licensed under the provisions of Ark�de Ann. § 17-25-101 amended and is entitled to practice Contrthe State of Arka( the following classifications/specialties: Z HEAVY CONSTRUCTION O MUNICIPAL &UTILITY CONSTRUCTIO - V V ` �VV 4qQ P `CO 6 This contractor has an unli i uggested bid limit. 01 �O from October 1 202 until November 30, 2023 When this Certificate expires. Witness our hands ofthe Board, dated at North Little Rack, Arkansas: ID #8601 CHAIRMAN SECRETARY October 14, 2022 - dsa as SPECIFIED ITEMS Vendor References City of Fayetteville RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations SECTION B: Vendor References The following information is required from all firms so all statements of qualification may be reviewed and properly evaluated: COMPANY NAME: Crossland Heavy Contractors NUMBER OF YEARS IN BUSINESS: 30 HOW LONG IN PRESENT LOCATION: 20 years In Arkansas TOTAL NUMBER OF CURRENT EMPLOYEES: 337 FULLTIME 21 PARTTIME NUMBER OF EMPLOYEES PLANNED FOR THIS CONTRACT: 20 FULLTIME PARTTIME PLEASE LIST FOUR (4) REFERENCES IN WHICH CMAR HAS PREVIOUSLY PERQRMED CONTRACT SERVICES FOR WI PAST FIVE (5) YEARS FOR PROJECTS OF SIMILAR SCOPE AND SIZE All fields must be c ted : 1. Springdale Water Utilities 2. IV Water Utilities O COMPANY NAME � MPA NA Springdale, AR 72756 ger , R 727 CITY, STATE, ZIP kZVIIIE,ZIP Brad Baldwin Brian rtai CONTACT PERSON ONTAC ER 479.750.8105 7142 TELEPHONE P E FAX NUMBER `G✓FAX NUMBER bbaldwin@springdalear.gov V briansartain@rwu.org E-MAILADDRESS E-MAILADDRESS g City of Bentonville 4, Grand River Dam Authority COMPANY NAME w COMPANY NAME Bentonville AR 72712 Tulsa, OK 74128 CITY, STATE, ZIP CITY, STATE, ZIP Dennis Birge, PE Holly Moore CONTACT PERSON CONTACT PERSON 479.271.6840 TELEPHONE FAX NUMBER 918.256.5545 TELEPHONE FAX NUMBER dbirge@bentonvillear.com holly.moore@grda.com E-MAIL ADDRESS E-MAIL ADDRESS City of Fayetteville, AR RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations Page 13 of 24 SPECIFIED ITEMS Signature Submittal Page City of Fayetteville RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations SECTION D: Signature Submittal 1. Disclosure Information Proposer shall disclose any possible conflict of interest or disclose any financial interest with the City of Fayetteville, including, but not limited to, City of Fayetteville employees. Proposer response shall disclose if a known relationship exists between any principal or employee of submitting firm or its team members or sub -consultants, and any City of Fayetteville employee, or elected City of Fayetteville Official. If, to your knowledge, no relationship exists, this should also be stated in your response. Failure to dis such a relationship may result in cancellation of a purchase and/or contract as a result of your response. Th ust be FIT completed and returned in order for your bid/proposal to be eli 1�' consideration. PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT PTELY APPLIES TO YOUR F M�11 X 1) NO KNOWN RELATIONSHIP EXIST O 2) RELATIONSHIP EXISTS (Please ex ): • I certify that; as an officer of this orga a n, per the a c d letter f au rization, I am duly authorized to certify the information provided herein is r and true; organti comply with all State and Federal Equal Opportunity and Non-Discriminatrements ditio ployment. 2. Contact Information At the discretion of the City, one or more fi s may b r more detailed information before final ranking of the firms, which may also include oral interviews. NOTE: Pr oser shall submit to the City a primary contact name, e- mail address, and phone number (preferably a cell umber) where the City selection committee can call for clarification or interview via telephone. Name of Firm Crossland Heavy Con Name of Primary Contact: Dan Title of Primary Contact: ficeiNsident, Arkansas Division Manager Phone#1(cell preferred): 4 .1637 Phone#2: E-Mail Address: dthompson@heavycontractors.com 3. Please acknowledge receipt of addenda for this invitation to bid, request for proposal, or request for qualification by signing and dating below. All addendums are hereby made a part of the bid or RFQ documents to the same extent as though it were originally included therein. Proposers/Bidders should indicate their receipt of same in the appropriate blank listed herein. Failure to do so may subject vendor to disqualification. City of Fayetteville, AR RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations Page 22 of 24 SPECIFIED ITEMS Signature Submittal Page ADDENDUM NO. SIGNATURE AND PRINTED NAME DATE ACKNOWLEDGED 1 Dan Thompson 2/14/2023 4. As an interested party on this project, you are required to provide debarment/suspension certification indicating compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are ebarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal depare agency from doing business with the Federal Government. �V✓� 5. Signature certifies that neither you nor your principal is e debarred, suspended, p p , for debarment, declared ineligible, or voluntarily excluded from participate i this tr tion by any fe artment or agency. 6. Pursuant to Arkansas Code Annotated §25-1-50 , e Co tractor a ree d certifi e do not currently boycott Israel and will not boycott Israel during n ti e in wWc are en , or while in contract, with any public entity as defined in §25-1-503. If tim uring che con cides to contractor must notify the contracted lic y in writin 1�� a 7. SUB CONSULTANTS AND TEAM ION: Proposer hereby certifies that propoN from the g con t is re used in the preparation of this statement of qualification. Proposer shall attach additio al p es cessary. is ection only applies if CMAR is proposing a sub consultant for estimating, scheduling, acco roll ankon-c nstruction trade services. Type of Work: Subcontractor's Name: Arkansas License No: Address: Date Firm Established: Percentage of Work: Type of Work: Subcontractor's Name: Arkansas License No: Address: Date Firm Established: Percentage of Work: _ City of Fayetteville, AR RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations Page 23 of 24 SPECIFIED ITEMS Signature Submittal Page Questions regarding this form should be directed to the City of Fayetteville Purchasing Division. NAME: Crossland Heavy Contractors COMPANY: Crossland Heavy Contractors PHYSICAL ADDRESS: 705 S Lincoln Street, Lowell, AR 72745 MAILING ADDRESS: 705 S Lincoln Street, Lowell, AR 72745 TAX ID#: 48-113185 PHONE: 479.347.7960 E-MAIL: dthompson@heavycontractors.com SAM UEI#: XLWJNERE6ER3 (� FAX: NA ' V ARKANSAS CONTRACTOR'S LICENSE #: 0067301 ARKANSAS SECRETARY OF STATE FILING #: 10 2 5 2 Signed by: O' SIGNATURE: PRINTED NAME Dan Thomp TITLE: Vice President & Arkansas Divisll DATE: 2/14/2023 City of Fayetteville, AR RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations Page 24 of 24 CR HEA1,64', �im1\ ! p I►7V I Vl NV / A� " CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 3/14/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: IMA Wichita Team IMA, Inc. - Kansas City PHONE FAX 9393 W. 110th Street AIC No Ext : 316-267-9221 A/C No), ADDRESS: certs@imacorp.com Suite 600 INSURER(S) AFFORDING COVERAGE NAIC # Overland Park KS 66210 INSURERA: Zurich American Insurance Company 16535 License#: PC-1210733 INSURED CROSCON-03 INSURER B: Atlantic Specialty Insurance Company 27154 Crossland Heavy Contractors, Inc. PO Box 45 INSURERC: Indian Harbor Insurance Company 36940 INSURERD: American Guarantee and Liability Insurance 26247 833 S. East Avenue INSURERE: Columbus KS 66725 INSURER F : COVERAGES CERTIFICATE NUMBER: 1756478254 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY GLO859600802 4/30/2022 4/30/2023 EACH OCCURRENCE $5,000,000 Fv� CLAIMS -MADE OCCUR DAMAGE TO PREMISES('a a oNcur ence)$ 2,000,000 MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $10,000,000 POLICY jE LOC PRODUCTS - COMP/OP AGG $ 10,000,000 $ OTHER: A AUTOMOBILE LIABILITY BAP859615302 4/30/2022 4/30/2023 COMBINED SINGLE LIMIT Ea accident $ 5,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY D X UMBRELLA LIAB X OCCUR AUC425515001 4/30/2022 4/30/2023 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 EXCESS LIAB CLAIMS -MADE DED X RETENTION $ n $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N WC859600702 4/30/2022 4/30/2023 X PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 2,000,000 OFFICER/MEMBER EXCLUDED? ❑ NIA E.L. DISEASE - EA EMPLOYEE $ 2,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 2,000,000 C Professional/Pollution Liability CE0744688606 4/30/2022 4/30/2023 See Below B B Builders Risk - Reporting Installation Floater - Reporting 7900130720009 7100337760010 4/30/2022 4/30/2022 4/30/2023 4/30/2023 Any One Job Site Any One Job Site $125,000,000 $2,500,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) -Professional Liability $5,000,000 Each Claim, $5,000,000 Aggregate; Pollution Liability $5,000,000 Each Claim, $10,000,000 Aggregate. -2nd Layer Excess Liability: Policy #UXP30000900, Effective 4/30/2022 - 4/30/2023, Insurer: Arch Insurance Company, NAIC #11150, $15,000,000 Each Occurrence, $15,000,000 Aggregate. -3rd Layer Excess Liability: Policy #EXC30000318405, Effective 4/30/2022 - 4/30/2023, Insurer: Endurance American Insurance Company, NAIC #10641, $10,000,000 Each Occurrence, $10,000,000 Aggregate. -4th Layer Excess Liability: Policy #NHA097780, Effective 4/30/2022 - 4/30/2023, Insurer: RSUI Indemnity Company, NAIC #22314, $5,000,000 Each Occurrence, $5,000,000 Aggregate. See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Fayetteville 113 W. Mountain AUTHORIZED REPRESENTATIVE V 4 Fayetteville AR 72701 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CROSCON-03 LOC #: ,CORE) AGENCY IMA, Inc. - Kansas City POLICY NUMBER CARRIER 4DDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE NAIC CODE NAMED INSURED Crossland Heavy Contractors, Inc. PO Box 45 833 S. East Avenue Columbus KS 66725 EFFECTIVE DATE: Page 1 of 1 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Re: Insurance qualification for Construction Management at Risk Services for Lake Fayetteville Ballfield Renovations. If awarded this project, City of Fayetteville would be included as Primary Non -Contributory Additional Insured on the General Liability, Auto Liability and Umbrella Liability policies, if required by written contract, subject to policy terms and conditions. If awarded this contract a Waiver of Subrogation would be provided in favor of the Additional Insured on the General Liability, Automobile Liability, Workers Compensation and Umbrella Liability policies, if required by written contract, subject to policy terms and conditions. Additional coverages are available at the request of Crossland Construction Company, Inc. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Crossland Heavy Contractors, INC Change Order No. 2 City of Fayetteville Staff Review Form 2024-0019 Item ID NA ARCHIVED City Council Meeting Date-Agenda Item Only N/A for Non-Agenda Item Byron Humphry 1/9/2024 PARKS& RECREATION (520) Submitted By Submitted Date Division/Department Action Recommendation: Staff recommends approval of Change Order#2 with Crossland Heavy Contractors for the Lake Fayetteville Softball Renovation project which will increase the contract amount by$80,952.20. Budget Impact: 4705.860.7505-5806.00 Parks Projects 2022 Bonds Account Number Fund Parks Projects(2019/2022 Bonds), Lake 46050.7505.1000 Fayetteville Improvements,Softball Fields Project Number Project Title Budgeted Item? Yes Total Amended Budget $ 2,312,142.00 Expenses(Actual+Encum) $ 2,211,302.00 Available Budget r$ 100,840.00 Does item have a direct cost? Yes Item Cost $ 80,952.20 Is a Budget Adjustment attached? No Budget Adjustment $ - Remaining Budget ; $ 19,887.80 V20221130 Purchase Order Number: 2023-00000467 Previous Ordinance or Resolution# 75-23, 152-23 Change Order Number: 2 Approval Date: 01/17/2024 Original Contract Number: 2023-00000023 Comments: CITY OF FAYETTEVILLE STAFF MEMO PAir ARKANSAS TO: Mayor Jordan THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director Terry Gulley, Assistant Public Works Director FROM: Byron Humphry, Park Operations Director DATE: January 9, 2024 SUBJECT: Approval of Change Order 2 with Crossland Heavy Contractors for the Lake Fayetteville Softball Renovation Project. RECOMMENDATION: Staff recommends approval of Change Order 2 with Crossland Heavy Contractors for the Lake Fayetteville Softball Renovation project which will increase the contract amount by $80,952.20. BACKGROUND: On March 21, 2023, City Council approved Resolution 75-23 to authorize a Construction Manager at Risk Services Contract with Crossland Heavy Contractors, Inc., for the Lake Fayetteville Softball Improvement Project for pre-construction services. On July 6, 2023, City Council approved Resolution 152-23 to approve Change Order No. 1 to establish a GMP in the amount of$2,702,903.00 and to approve a project contingency of $93,500.00. DISCUSSION: After the start of construction for this project, it was determined that the parking lot, which was not in the scope of the original project, needed to be altered to bring the ADA sparking spaces into compliance with current ADA accessibility standards. This requires replacing the current ADA ramp around the concession stand and adjusting the elevation of the accessible route to the fields in order to meet the new grades of the parking spaces. This change order will bring the parking lot and entire complex into compliance with current accessibility standards. BUDGET/STAFF IMPACT: The City Council approved a project contingency of$93,500 for this project. This contingency will be used to cover the cost of this change order. With this change order, the GMP contract total will be increased by $80,952.20, to $2,783,855.20. The target substantial completion date with this change order is March 25. Attachments: Change Order 2 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CROSSLAND Owner Change Order HEAVY CONTRACTORS Lake Fayetteville Softball Complex - 23A04MS 23A04MS 1153 E Lake Fayetteville Road Fayetteville,AR 72701 Date: 1/8/2024 Contract Date: To: Ron Edmond Contract Number: 0001 Crossland Heavy Contractors, Inc. Change Order Number: 002 501 S. East Ave Columbus, KS 66725 The Contract is hereby revised by the following items: Request to increase GMP for ADA compliance scope of work Item Number Description Amount 01 Labor,equipment, material, and fee for ADA compliance $80,952.20 The original Contract Value was $2,702,903.00 Sum of changes by prior Owner Contract Change Orders..................... ............... ..... $0.00 The Contract Value prior to this Owner Contract Change Order was $2,702,903.00 The Contract Value will be changed by this Owner Contract Change Order in the amount of $80,952.20 The new Contract Value including this Owner Change Order will be $2,783,855.20 The Contract duration will be changed by........ .................................................. 33 Days Notes Crossland Heavy Contractors, Inc. City of Fayetteville CONTRACTOR OWNER 501 S. East Ave 113 West Mountain Columbus, KS 66725 Fayetteville, 72701 Address Brandon Zaae Address Brann °'°�,m�,-.�„,=.a'—^°°°°° Signature Date 1/9/2 4 Date v k 12.f2z1 I I Project: Lake Fayetteville Softball Complex CROSSLAND PCO#:03 HEAVY CONTRACTORS Description:ADA Compliance/Dugout slab repair Materials #of Units UOM Unit Price Extension Total Materials $ - Tax 9.75% $ - Fee 6.5% $ - Total Materials w/Fee $ - Labor Hourly$ #of Units MH/U Total MH Extension Craft Foreman $52.00 1 7 7 $ 364.00 Carpenter $38.00 1 7 7 $ 266.00 Laborer $30.00 3 7 21 $ 630.00 Total Labor $ 1,260.00 Fee 0.0% $ - Total Labor w/Fee I $ 1,260.00 I Equipment Hours Hourly Rate Days Day Rate Extension Total Equipment $ - Fee 0.0% $ - Total Equipment w/Fee $ - Subcontractor #of Units UOM Unit Price Extension SK Dirtworks(ADA) 1 LS $ 58,640.00 $ 58,640.00 Custom Marking Systems 1 LS $ 3,370.00 $ 3,370.00 HS Construction (Handrail) 140 FT $ 85.00 $ 13,100.00 Total Direct Cost $ 75,110.00 Fee 0.0% $Total Subcontractor w/Fee $ 75,110.00 Subtotal Amount $ 76,370.00 CM Fee(6%) $ 4,582.20 Total Amount $ 80,952.20 Days Requested 33 1/9/24 - CHC confirmed all quotes valid until 1/12/24 I S & K DIRTWORKS, LLC 1923 Pinewoods Dr. Rogers, AR 72756 479-631-7400 CHANGE ORDER#06 DATE: 12/27/2023 JOB NAME: Lake Fayetteville Softball Complex I LOCATION: Fayetteville, AR SUPERVISOR: Brandon Gautney DATE EFFECTIVE: 12/27/2023 AMOUNT: $58,640.00 CHANGES OR CORRECTIONS TO BE MADE: Demo 3680 SF of sidewalk and asphalt = $18,400.00 Install new 3344 SF parking 6" base & 6" concrete = $40,240.00 SIGNATURE: DATE: Cp CUSTOM QUOTATION PAVEMENT Maintenance t3 Safety Date Quote# RitIP Custom Pavement Maintenance and Safety,LLC 12/12/2023 eso-; P.O.Box 435 Phone: 479-262-6160 Fax:479-235-2046 Van Buren AR 72957 AR Contractor's Lic#0354090524 Customer: Project Crossland Heavy Lake Fayetteville Softball Complex 833 S.E.Avenue 1153 E.Fayetteville Road Fayetteville.AR P.O.Box 350 ADA Change Columbus, KS 66725 Terms Void After Project Manager Due on receipt 12/12/2023 Item Item Description Qty U/M Price Class Total TO ADD TO SCOPE FOR B I I) PACKAGE 008(iF ACCEPTED): Change Order ADD: Additional Striping,3 Additional I a nu 11;u 4;iii ; ;;'n un ADA Signs&4 Additional Wheelstops/LS Total $3,370.00 To accept this quote,please sign and return. Please indicate GENERAL NOTES: If bonds are required,please add 1%to our quote any PO or Job number that you require on your invoicing,if (minimum S250.00). All items are for 1 mobilization,unless otherwise any. We require your choice of a signed quote,contract or PO noted. Additional mobilizations may incur additional mobilization fees. in order to proceed. Thank you. Removal,cleaning and surface prep operations are not included unless specifically noted Quote does not include any applicable taxes. For Accepted By: items that are not quoted as LS unit pricing(such as LF or EA pricing) the quantities are estimated and may be actually different on site. Quantities of work actually performed will be invoiced at the quoted PO/JOB Number: unit price above. Estimate 1111 .7 oil HS Construction.464356 E 1050 Rd.Sallisaw OK 74955,United States FOR Crossland Heavy Brandon Goade Estimate No.: 031 Issue date: 12/12/2023 Valid until 12/26/2023 Estimate No. Issue date Valid until Total due(USD) 031 12/12/2023 12/26/2023 $0.00 Description Quantity Unit price($) Amount(S) Lake Fayetteville ADA rails 1 0.00 0.00 galvanized pipe handrails $85.00 per ft. Subtotal: $0.00 Total (USD): $0.00 $1, 200 additional cost for shop drawings/submittal 1 Hank Snow (479)616-8722 hanksnow60@yahoo.com HS Construction ARA4FR F Inc, Ail i