HomeMy WebLinkAbout72-24 RESOLUTIONFile Number: 2024-1712
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 72-24
ENGINEERING ELEMENTS, PLLC. (SERVICE CONTRACT):
A RESOLUTION TO APPROVE A PROFESSIONAL SERVICES CONTRACT IN THE AMOUNT OF $108,000.00
WITH ENGfNEERING ELEMENTS, PLLC, PURSUANT TO RFQ #23-01, SELECTION 11 , FOR CITY HALL
HVAC UPGRADES, TO APPROVE A PROJECT CONTINGENCY OF $6,307.00, AND TO APPROVE A
BUDGET ADJUSTMENT
WHEREAS , the current HVAC system was installed in City Hall in 1998 and the Facilities Management Division has
been servicing and maintaining the system to extend its use as long as possible, but it has passed its life cycle.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section I: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a
Professional Services Contract in the amount of $108,000.00 with Engineering Elements, PLLC , pursuant to RFQ #23-
0 I Selection 11 , for City Hall HV AC upgrades and further approves a project contingency in the amount of $6,307.00.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adju stment, a copy of
which is attached to this Re so lution .
PASSED and APPROVED on February 20, 2024
Page 1
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2024-1712
MEETING OF FEBRUARY 20, 2024
TO: Mayor Jordan and City Council
THRU: Paul Becker, Chief Financial Officer
FROM: Waylon Abernathy, Bond Projects & Construction Dir
SUBJECT: Professional Services Contract with Engineering Elements, PLLC, for Engineering
Services for City Hall HVAC Upgrades, Contingency and Budget Adjustment.
RECOMMENDATION:
Approval of RFQ-23-01, Selection 11 Professional Services Contract with Engineering Elements, PLLC for City
Hall HVAC upgrades in the amount of $108,000, a project contingency of $6,307.00 and approve a budget
adjustment.
BACKGROUND:
The current HVAC system was installed in City Hall in 1998. Our Facilities Staff has been servicing and
maintaining the system to extend its use as long as possible. However, it has passed its life cycle.
DISCUSSION:
Services include Site Investigation and Study, Preliminary Design, Contract Documents, Bidding, and
Construction Administration.
BUDGET/STAFF IMPACT:
A budget adjustment will allocate funds from these accounts.
ATTACHMENTS: SRF (#3), BA (#4), RFQ 23-01 Sel. 11 - CONTRACT (#5), Appendix A - EEI Contract (#6),
RFQ 23-01, Sel. 11 - Appendix B - City Issued RFQ (#7), RFQ 23-01, Sel. 11 - Appendix C - Engineering
Elements Submittal (#8)
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2024-1712
Professional Services Contract with Engineering Elements, PLLC, for Engineering Services for
City Hall HVAC Upgrades, Contingency and Budget Adjustment.
A RESOLUTION TO APPROVE A PROFESSIONAL SERVICES CONTRACT IN THE AMOUNT
OF $108,000.00 WITH ENGINEERING ELEMENTS, PLLC, PURSUANT TO RFQ #23-01,
SELECTION 11, FOR CITY HALL HVAC UPGRADES, TO APPROVE A PROJECT
CONTINGENCY OF $6,307.00, AND TO APPROVE A BUDGET ADJUSTMENT
WHEREAS, the current HVAC system was installed in City Hall in 1998 and the Facilities
Management Division has been servicing and maintaining the system to extend its use as long as
possible, but it has passed its life cycle.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to
sign a Professional Services Contract in the amount of $108,000.00 with Engineering Elements, PLLC,
pursuant to RFQ #23-01 Selection 11, for City Hall HVAC upgrades and further approves a project
contingency in the amount of $6,307.00.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment, a copy of which is attached to this Resolution.
City of Fayetteville Staff Review Form
2024-1712
Item ID
2/20/2024
City Council Meeting Date - Agenda Item Only
N/A for Non-Agenda Item
Wade Abernathy 1/31/2024 FACILITIES MANAGEMENT (140)
Submitted By Submitted Date Division / Department
Action Recommendation:
Approval of RFQ-23-01, Selection 11 Provessional Services Contract with Engineering Elements, PLLC for the City
Hall HVAC Upgrades in the amount of $108,000.00 and approve a Budget Adjustment. This is a 2019 Facilities Bond
Project. ***** Approval of $6,307 contingency ****
Budget Impact:
4607.860.7710-5860.02
4470.140.8900-5860.02
4607 - City Facilities Bonds 2019
4470 - Sales Tax
Account Number Fund
15009.1
46070.7710
Building Efficiency Improvements
City Facilities, City Hall Improvements
Project Number Project Title
Budgeted Item?Yes Total Amended Budget $114,307.00
Expenses (Actual+Encum)$-
Available Budget $114,307.00
Does item have a direct cost?Yes Item Cost $108,000.00
Is a Budget Adjustment attached?Yes Budget Adjustment $-
$175.00 Remaining Budget $6,307.00
V20221130
Purchase Order Number:Previous Ordinance or Resolution #
Change Order Number:Approval Date:
Original Contract Number:
Comments:
City of Fayetteville, Arkansas - Budget Adjustment (Agenda)
Budget Year Division
/Org2 FACILITIES MANAGEMENT (140)
Adjustment Number
2024 Requestor:Wade Abernathy
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
Approval of RFQ-23-01, Selection 11 Provessional Services Contract with Engineering Elements, PLLC for the City Hall HVAC
Upgrades in the amount of $108,000.00 and approve a Budget Adjustment. This is a 2019 Facilities Bond Project.
COUNCIL DATE:2/20/2024
ITEM ID#:2024-1712
Holly Black
2/1/2024 7:19 AM
Budget Division Date
TYPE:D - (City Council)
JOURNAL #:
GLDATE:
RESOLUTION/ORDINANCE CHKD/POSTED:/
v.2024116TOTAL--
Increase / (Decrease)Project.Sub#
Account Number Expense Revenue Project Sub.Detl AT Account NameGLACCOUNTEXPENSEREVENUEPROJECTSUBATDESCRIPTION X
4607.860.7710-5860.02 34,307 -46070 7710 EX Capital Prof Svcs - Engineering/Architectural
4470.140.8900-5860.02 73,693 -15009 1 EX Capital Prof Svcs - Engineering/Architectural
4470.140.8900-5911.99 6,307 15009 1 EX Contingency - Capital Project
4607.860.7999-5899.00 (34,307)-46070 7999 EX Unallocated - Budget
4470.140.8900-5315.00 (80,000)-15009 1 EX Contract Services
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CI T Y Of
FAYETTE VILLE
A RKANSAS
Contract for Professional
Engineering/ Architectural Services
Selection #11-City Hall HVAC Upgrades
Engineer/Architect: Engineering Elements, PLLC
Term : Single Project
THIS AGREEMENT (Contract) is executed this 2.0 day of Fe\a n.AOi r L1 ' 2024, by and between the
City of Fayetteville, Arkansas acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE or CITY) and
Engineering Elements, PLLC (hereinafter ca ll ed Engineer/Architect or Engineering Elements).
CITY OF FAYETTEVILLE from time to time requires professional Engineering and/or Architectural serv ic es in connection
with the evaluation, design, construction drawings, bidding, and/or construction observation of capita l improvement
projects . Therefore, CITY and Engineering Elements in consideration of their mutual covenants agree as follows:
Engineering Elements shall serve as the professional engineer/architect consultant to the CITY 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 li censed engineer/architect
registered in the State of Arkansas and qualified in the particular field .
1. Contracted parties: This agreement shall be binding between all parties. Fees for services shall be provided as
identified in appendices.
2. Entire Agreement and Exhibits: This Agreement sets forth the entire agreement and understanding between the
parties on the subject matter of this Agreement. Parties shall not be bound by any conditions, definitions,
representations or warranties with respect to the subject matter of this Agreement other than those as express ly
provided herein. This agreement may be modified only by a duly executed written instrument signed by the CITY
and Engineering Elements.
a. Appendices included under this agreement in clude the following and sha ll govern in the following order.
Contract language in this document sha ll prevail over all exhibits:
i. Appendix A: Scope of Work & Fees
ii. Appendix B: City's solicitation identified as RFQ 23-01, Engineering & Architectural Services
iii. Appendix C: Engineering Elements' Response to RFQ 23-01
iv . Appendix D: Engineering Elements' Certificate of Insurance
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, Fayettevil le, AR 72701
b. Engineering Elements , PLLC: Attention : Shane Lanning, 2458 E. Joyce Blvd., Fayettevi ll e, AR 72703
4 . Fees, Expenses, and Payments:
a. The Fixed Fee amount authorized for this agreement is $108,000.00 plus any reimbursable expenses
attributed to the project. Progress payments shall be paid to Engineering Elements as described in
Appendix A.
b. Engineering Elements shal l track, log, and report hours and expenses directly related to this Agreement.
Invoices shall be itemi zed by phase. Invoice and payment requests shall not exceed the percentage for
work completed as defined by Appendix A.
RFQ 23 -01, Engineering & Architectural Services -Selection 11
City Hall HVAC Upgrades -Engineering Elements PLLC
RFQ 23‐01, Engineering & Architectural Services – Selection 11
City Hall HVAC Upgrades – Engineering Elements PLLC
c. 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 Engineering Elements 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.
d. Monthly invoices for each calendar month shall be submitted to CITY OF FAYETTEVILLE or such parties as
CITY may designate for professional services consistent with Engineering Elements’ 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 Engineering Elements
and approved by CITY OF FAYETTEVILLE. 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’s approval and acceptance with the
satisfactory completion of professional services for the Project.
e. 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,
Engineering Elements 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 Engineering Elements 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 claims
against Engineering Elements or sureties under this Agreement.
5. Jurisdiction: Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law applying to the case.
6. Venue: Venue for all legal disputes shall be Washington County, Arkansas.
7. Changes in Scope or Price: Changes, modifications, or amendments in scope, price or fees to this contract shall
not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in
advance of the change in scope, cost or fees.
8. Omissions by the Engineer/Architect: If Engineering Elements fails to include or omits an item from the Contract
Documents, which was fully anticipated to be included in the Project, thereby necessitating the need for a Change
Order, Engineering Elements will not receive a fee for work associated with the Change Order.
9. Insurance: Engineering Elements shall furnish a certificate of insurance addressed to the CITY OF FAYETTEVILLE,
showing coverages for the following insurance which shall be maintained throughout the term of this agreement.
Any work sublet to major subconsultants including MEP, Structural, and Civil, Engineering Elements shall require
the subconsultant to provide the insurance identified. In case any employee engaged in work on the project
under this contract is not protected under Worker's Compensation Insurance, Engineering Elements shall provide
and shall cause each Subcontractor to provide adequate insurance for the protection of such of his employees as
are not otherwise protected.
a. Engineering Elements shall provide to the CITY certificates as evidence of the specified insurance
presented in Appendix D within ten (10) calendar days of the date of this agreement and upon each
renewal coverage.
i. Certificates of Insurance shall list the CITY OF FAYETTEVILLE as an additional insured. Listing the
CITY has a Certificate Holder only is NOT an acceptable substitute. Certificates of Insurance must
include the endorsement(s) showing the CITY OF FAYETTEVILLE listed as an additional insured.
RFQ 23‐01, Engineering & Architectural Services – Selection 11
City Hall HVAC Upgrades – Engineering Elements PLLC
b. Subconsultants shall maintain reasonable insurance including but not limited to worker’s compensation,
auto as applicable, general liability, errors and omissions, etc.
10. Professional Responsibility: Engineering Elements 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 Engineering Elements any defects or
suspected defects in services of which CITY OF FAYETTEVILLE becomes aware, so Engineering Elements 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 Engineering Elements.
11. Responsibility of the City of Fayetteville: CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to
delay the services of Engineering Elements:
a. Provide full information as to the requirements for the Project.
b. Assist Engineering Elements by making available all available information pertinent to the assignment
including previous reports and any other data relative thereto.
c. Assist Engineering Elements in obtaining access to property reasonably necessary to perform the services
under this Agreement.
d. Examine all studies, reports, sketches, cost opinions, proposals, and other documents presented by
Engineering Elements and render in writing decisions pertaining thereto.
e. Review all documents and provide written comments to Engineering Elements in a timely manner.
f. The City of Fayetteville Facilities Director is the project representative with respect to the services to be
performed under this Agreement. The Facilities Director shall have complete authority to transmit
instructions, receive information, interpret and define policies and decisions with respect to materials,
equipment, elements and systems to be used in the Project, and other matters pertinent to the services
covered by this Agreement.
12. Cost Opinions and Projections: Cost opinions and projections prepared by the Engineering Elements relating to
construction costs and schedules, operation and maintenance costs, equipment characteristics and performance,
cost estimating, and operating results are based on Engineering Elements’ experience, qualifications, and
judgment as a design professional. Since Engineering Elements has no control over weather, cost and availability
of labor, material and equipment, labor productivity, construction Contractors’ procedures and methods,
unavoidable delays, construction Contractors’ methods of determining prices, economic conditions, competitive
bidding or market conditions, and other factors affecting such cost opinions or projections, Engineering Elements
does not guarantee that actual rates, costs, performance, schedules, and related items will not vary from cost
opinions and projections prepared by Engineering Elements.
13. 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. Engineering Elements will proceed
with providing the authorized services immediately upon receipt of written authorization from CITY OF
FAYETTEVILLE. Said authorization shall include the scope of the work authorized and the time in which
the work is to be completed.
14. 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 23‐01, Engineering & Architectural Services – Selection 11
City Hall HVAC Upgrades – Engineering Elements PLLC
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 Engineering Elements 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 Engineering Elements at the time of termination may be adjusted to cover
any additional costs to CITY OF FAYETTEVILLE because of Engineering Elements’ default.
d. If termination for default is affected by Engineering Elements, 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
Engineering Elements for services rendered and expenses incurred prior to the termination, in addition to
termination settlement costs reasonably incurred by Engineering Elements relating to commitments
which had become firm prior to the termination.
e. Upon receipt of a termination action, Engineering Elements 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 Engineering Elements 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 Engineering Elements to fulfill contractual obligations, it is determined
that Engineering Elements 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.
15. Delays
a. In the event the services of Engineering Elements are suspended or delayed by CITY OF FAYETTEVILLE or
by other events beyond reasonable control, Engineering Elements shall be entitled to additional
compensation and time for reasonable documented costs actually incurred by Engineering Elements in
temporarily closing down or delaying the Project.
b. In the event the services are suspended or delayed by Engineering Elements, CITY shall be entitled to
compensation for its reasonable costs incurred in temporarily closing down or delaying the project. The
CITY does not agree to waive its right to claim (in addition to direct damages) special, indirect, or
consequential damages, whether such liability arises in breach of contract or warranty, tort (including
negligence), strict or statutory liability, or any other cause of action.
16. Rights and Benefits: Engineering Elements’ services shall be performed solely for the benefit of CITY OF
FAYETTEVILLE and not for the benefit of any other persons or entities.
RFQ 23‐01, Engineering & Architectural Services – Selection 11
City Hall HVAC Upgrades – Engineering Elements PLLC
17. Dispute Resolution
a. Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between CITY
OF FAYETTEVILLE and Engineering Elements 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 Engineering Elements 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 Engineering Elements 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 Engineering Elements 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 Engineering Elements and the Mayor of CITY OF
FAYETTEVILLE or his 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.
18. Sufficient Funds: The CITY represents it has sufficient funds or the means of obtaining funds to remit payment to
Engineering Elements for services rendered by Engineering Elements.
19. Publications: Recognizing the importance of professional development on the part of Engineering Elements’
employees and the importance of Engineering Elements’ public relations, Engineering Elements may prepare
publications, such as technical papers, articles for periodicals, promotional materials, and press releases, in
electronic or other format, pertaining to Engineering Elements’ 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 Engineering
Elements, 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
Engineering Elements’ activities pertaining to any such publication shall be for Engineering Elements’ account.
20. Indemnification: Engineering Elements shall indemnify, hold harmless and, not excluding the CITY’s right to
participate, defend the CITY and any of its officers, or employees from and against all liabilities, claims, actions,
damages, losses and expenses, including without limitation reasonable attorneys' fees and costs, arising out of or
resulting in any way from the performance of professional services for the CITY in Engineering Elements’ capacity
as an Engineer/Architect, and caused by any willful or negligent error, omission, or act of Engineering Elements or
any person employed by it or anyone for whose acts Engineering Elements is legally liable.
RFQ 23‐01, Engineering & Architectural Services – Selection 11
City Hall HVAC Upgrades – Engineering Elements PLLC
21. Freedom of Information Act: CITY OF FAYETTEVILLE contracts and documents prepared while performing CITY
contractual work are subject to the Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act
request is presented to the CITY OF FAYETTEVILLE, the engineer/architect 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 photo coping costs pursuant to the FOIA may be assessed for this
compliance.
22. Debarment Certification: Engineering Elements hereby provides debarment/suspension certification indicating
compliance with the below Federal Executive Order. 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. Engineering Elements hereby attests its principal is not presently debarred, suspended, proposed
for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal
department or agency.
23. 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. Engineering Elements
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 Engineering Elements as part of the Work shall become the property of
CITY OF FAYETTEVILLE when Engineering Elements has been compensated for all Services rendered,
provided, however, that Engineering Elements shall have an unrestricted perpetual license right to their
use. Engineering Elements 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 Engineering
Elements.
c. Any files delivered in electronic medium may not work on systems and software different than those with
which they were originally produced. Engineering Elements 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.
24. Additional Responsibilities of Engineering Elements:
a. Review, approval, or acceptance of design drawings, specifications, reports and other services
furnished hereunder by CITY shall not in any way relieve Engineering Elements 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. Engineering Elements shall be and shall remain liable, in accordance with applicable law, for all
damages to CITY OF FAYETTEVILLE caused by Engineering Elements’ negligent performance,
except beyond the Engineering Elements 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. Engineering Elements’ obligations under this clause are in addition to Engineering Elements’ other
express or implied assurances under this Agreement or State law and in no way diminish any
RFQ 23‐01, Engineering & Architectural Services – Selection 11
City Hall HVAC Upgrades – Engineering Elements PLLC
other rights that CITY OF FAYETTEVILLE may have against Engineering Elements for faulty
materials, equipment, or work.
25. Audit and Access to Records:
a. Engineering Elements 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. Engineering Elements shall also maintain the financial information and data used by Engineering
Elements 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, 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. Engineering Elements 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 Engineering Elements;
2. If there is any indication that fraud, gross abuse or corrupt practices may be
involved;
3. If the sub agreement is terminated for default or for convenience.
26. Covenant Against Contingent Fees:
a. Engineering Elements 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 Engineering Elements 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.
27 . Gratuities:
a. If CITY OF FAYETTEVILLE finds after a notice and hearing that Engineering Elements or any of
Engineering Elements ' agents or representatives, offered or gave gratuities (in the form of
entertainment, gifts or otherwise) to any official , employee or agent of CITY OF FAYETTEVILLE , or
related third party contractor associated with this project, in an attempt to secure an agreement
or favorable treatment in awarding, amending or making any determinations related to the
performance of this Agreement, CITY OF FAYETTEVILLE may, by written notice to Engineering
Elements terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and
remedies that the law or this Agreement provides . However, the ex istence 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 Engineering Elements as it could pursue in the
event of a breach of the Agreement by Engineering Elements . 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 Engineering Elements incurs in providing any such gratuities to any such officer
or employee .
28 . Clarification and Understanding of all parties: Engineering Elements shall no t ass ign its du t ie s under th e
t er ms of t hi s ag ree ment with o ut pri o r wri t t en co nse nt of the City. Sub consu lta nts id entifi ed in Engineering
Elements' res ponse shall be per m it te d as be in g refe renced herein.
IN WITN ESS WH EREO F, CITY OF FAYETTEVILLE, ARKANSAS by and t h ro ugh it s M ayor, and ENGINEERING ELEMENTS, PLLC,
by its aut horized office r have made and execu t ed t hi s Agree ment as of t he day and year firs t above written.
ATTEST :
Date Signed : Fci.oYU-a 0j
RFQ 23-01, Engineeri ng & Ar chi tectu r al Serv ices -Se lectio n 11
Ci t y Hall HVAC Upgrades -En gi nee ri ng El e me nts PLL C
ENGINEERING ELEMENTS, PLLC
Engineering Elements, PLLC
2458 E. Joyce Blvd., Suite 1 Fayetteville, Arkansas 72703
Phone (479) 695-1333 Fax: (479) 251-7982
Mr. Wade Abernathy January 24, 2024
City of Fayetteville
113 West Mountain Street
Fayetteville, AR 72701
Re: City Hall HVAC Upgrades
Fayetteville, Arkansas
Mr. Abernathy,
I am pleased to propose mechanical/electrical engineering services to you for the above referenced project. This
proposal is based on the preliminary information I received from your office and from our initial site visit on January
23. It is my understanding this project will consist of mechanical engineering design for upgrades to the HVAC
systems throughout four stories of the City Hall building at 113 West Mountain.
This proposal includes services that will be completed in multiple phases. We envision the phasing to include:
1. Initial Site Investigation and Engineering Study Phase
Create existing floor plan of the existing building
Document existing HVAC systems including ductwork and piping layouts and sizes
Witness existing conditions and interview staff to identify inefficiencies and problems with existing
HVAC systems.
o Note: A variety of known issues related to the existing HVAC systems were identified and
discussed during our initial meeting and walk-through with Client. These issues will be
specifically addressed in our evaluation along with other findings our work may reveal.
Perform additional analysis and calculations to develop list of recommended upgrades
Provide summary report of recommended upgrades and review these with Client
2. Preliminary Design Phase
Perform design of highest-priority renovation scopes of work including development of preliminary
design documents that can be used for budgeting purposes and conversations between engineers
and City. This phase also includes formal load calculations for building heating and cooling
requirements.
o Note: In some cases, only partial system upgrades may be designed depending on the
findings of the early-phase evaluation work and related discussions with Client. Also,
wherever systems exhibit some performance deficiency but otherwise appear to have
acceptable physical conditions, our design documents may direct contractors to make certain
adjustments and/or balancing of such systems only (no replacement or upgrade of physical
infrastructure).
3. Contract Documents Phase
Develop final drawings and specifications to be used for contractor bidding purposes. Note: We
are aware future architectural remodeling will occur within this building and our design will
endeavor to include accommodations for such remodel.
4. Construction Phase
Provide bidding support such as lead pre-bid walk-through
Answer contractor informal questions and formal RFIs
Develop and issue addenda as necessary
Perform submittal reviews
Perform periodic site visits for witnessing installation
Perform final punch list of project
2
New HVAC system specifications are expected to consist of a mix of equipment types that may
include either direct-exchange (DX) or hydronic (Chilled water / hot water) type technology based
on project conditions. Air-side capabilities of new equipment are expected to feature variable air
volume (VAV). For DX equipment, compressor staging and modulation capabilities will be
considered against various factors such as temperature control, humidity control and equipment
first-cost.
o Note: Final selection of all system types will be coordinated with Client prior to issuing design
documents.
Miscellaneous HVAC systems including ductwork, controls, air devices, and associated
accessories.
Specification of new exhaust systems where required
Specification of new natural gas piping where required
Specification of new electrical circuits for new HVAC equipment where required (Ex. new conduit,
wiring, and overcurrent protection as required.)
Specification of HVAC-related fire alarm system devices where required by code such as smoke /
shut-down controls for systems exceeding 2,000 CFM capacity.
Notes and exclusions:
a. Access: This proposal is based on free and safe access, provided by the client, to systems within
the scope of proposed work.
b. Hours of Work: 8AM-5PM Monday-Friday excluding national holidays.
c. Equipment Rental: Equipment rentals needed for high access are not included.
d. Structural Engineering: Review by structural engineer is not included.
e. Guarantees and Warranties: No guarantees or warranties, expressed or implied, are included in
the engineering design services.
The fee for the above-described services is proposed as a Fixed Fee of One Hundred Eight Thousand Dollars
($108,000) for our portion of the work plus any reimbursable expenses attributed to the project. Additional services
that you may request will be provided on an hourly basis utilizing the following hourly rates:
Principal Engineer $165
Project Engineer $135
If this proposal is acceptable please sign in the space provided and return a copy for my files. If you have any
questions or need additional information, please contact me.
Sincerely,
Shane R. Lanning, P.E. ____________________________________
Engineering Elements, PLLC City of Fayetteville
City of Fayetteville, AR
RFQ 23-01, Engineering & Architectural Services
Page 1 of 14
City of Fayetteville, Arkansas
Purchasing Division – Room 306
113 W. Mountain
Fayetteville, AR 72701
Phone: 479.575.8256
TDD (Telecommunication Device for the Deaf): 479.521.1316
REQUEST FOR QUALIFICATION: RFQ 23-01, Engineering & Architectural Services
DEADLINE: Tuesday, January 31, 2023 before 2:00 PM, local time
SR. PURCHASING AGENT: Amanda Beilfuss, abeilfuss@fayetteville-ar.gov
DATE OF ISSUE AND ADVERTISEMENT: 01/08/2023
REQUEST FOR STATEMENTS OF QUALIFICATION
RFQ 23-01, Engineering & Architectural Services
It is the intent for the accepted responses of this solicitation to be considered for all
engineering and architectural selections for 2023.
The City may select engineers and architects for bond projects from this RFQ as well
as projects related to funding from the American Rescue Plan.
The City reserves the right to issue a separate RFQ at any time for any job specific
engineering and/or architectural selection.
Submittals shall be submitted via upload and complete submission on the City’s electronic platform at
http://fayetteville-ar.gov/bids. No physical copies shall be submitted. The City will not accept late or misdirected
responses.
All statements of qualification shall be submitted in accordance with the attached City of Fayetteville specifications and
documents attached hereto. Each Proposer is required to fill in every blank and shall supply all information requested;
failure to do so may be used as basis of rejection. Any bid, proposal, or statements of qualification will be rejected that
violates or conflicts with state, local, or federal laws, ordinances, or policies.
The Proposer hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated herein, and in strict
accordance with the specifications and general conditions of bidding, 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 Director.
RFQ (REQUEST FOR QUALIFICATION)
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RFQ 23-01, Engineering & Architectural Services
Page 2 of 14
City of Fayetteville, AR
RFQ 23-01, Engineering & Architectural Services
Advertisement
City of Fayetteville, AR
Request for Statements of Qualification
RFQ 23-01, Engineering & Architectural Services
The City of Fayetteville, Arkansas, is requesting statements of qualifications from firms interested in providing engineering,
architectural, & land surveying services for 2023 street, drainage, bridge, water & sewer, trails, parks, and other projects.
All statements shall be received by Tuesday, January 31, 2023 before 2:00 PM, local time utilizing the City’s electronic
portal located at http://fayetteville-ar.gov/bids. Late or misdirected proposals will not be accepted. Proposals will not be
accepted after the deadline. The City of Fayetteville will not be responsible for lost or misdirected RFQ’s, or failure of
bidder’s technical equipment.
Forms & addendums can be downloaded from the City’s electronic portal at http://fayetteville-ar.gov/bids. All questions
regarding the process shall be directed to Amanda Beilfuss at abeilfuss@fayetteville-ar.gov or (479)575-8220.
All interested parties 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. Interested parties shall be registered with the Arkansas Secretary of State.
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.
The City of Fayetteville reserves the right to reject any or all Proposals and to waive irregularities therein, and all parties
agree that such rejection shall be without liability on the part of the City of Fayetteville for any damage or claim brought by
any interested party because of such rejections, nor shall any interested party seek any recourse of any kind against the
City of Fayetteville because of such rejections. The filing of any Statement in response to this invitation shall constitute an
agreement of the interested party 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
Date of advertisement: 01/08/2023
This publication was paid for by the Purchasing Division of the City of Fayetteville, Arkansas.
Amount paid: $XXX.XX.
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RFQ 23-01, Engineering & Architectural Services
Page 3 of 14
City of Fayetteville, AR
RFQ 23-01, Engineering & Architectural Services
Appendix
SECTION: PAGE NUMBER
Cover Page 01
Advertisement 02
SECTION A: General Terms & Conditions 04
SECTION B: Vendor References 11
SECTION C: Summary Form 12
SECTION D: Signature Submittal 14
Appendix A: City Standard Federal Contract Provisions 15
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RFQ 23-01, Engineering & Architectural Services
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City of Fayetteville, AR
RFQ 23-01, Engineering & Architectural Services
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 this document 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.
c. Electronic Submittal: Proposers are required to go to http://fayetteville-ar.gov/bids and follow the prompts to
submit a statement of qualification within the electronic platform. Physical submittals are not allowed for this
RFQ.
i. SOQ’s shall be prepared simply and economically, providing a straightforward, concise description
of its ability to meet the requirements for the project. Fancy bindings, colored displays, and
promotional material are not required. Emphasis should be on completeness and clarity of
content. All documents submitted through the electronic portal shall be standard page size of 8
½” x 11”. Exceptions would be schematics, exhibits, one-page resumes, and City required forms.
Limit proposal to twenty- five (25) pages or less, excluding one-page team resumes, references,
and forms required by the City for completion. All proposals shall be uploaded in a PDF format to
the City’s electronic platform prior to the stated deadline.
d. Proposals will be reviewed following the stated deadline, as shown on the cover sheet of this document. Only the
names of responders will be available as selections will be made all year for various projects.
e. Proposers shall submit a statement of qualification based on documentation published by the Fayetteville
Purchasing Division.
f. Proposals must follow the format of the RFQ. Proposers should structure their responses to follow the sequence
of the RFQ, if provided.
g. 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.
h. Proposer is advised that exceptions to any of the terms contained in this RFQ or the attached service agreement
must be identified in its response to the RFQ. Failure to do so may lead the City to declare any such term non-
negotiable. Proposer’s desire to take exception to a non-negotiable term will not disqualify it from consideration
for award.
i. Local time shall be defined as the time in Fayetteville, Arkansas on the due date of the deadline. Documents shall
be received before the deadline time as shown by the atomic clock located in the Purchasing Division Office.
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.
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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:
d. The City of Fayetteville reserves the right to rank firms and negotiate with the highest-ranking firm. Negotiation
with an individual Proposer does not require negotiation with others.
e. The City of Fayetteville reserves the right to select the proposal that it believes will serve the best interest of the
City.
f. The City of Fayetteville reserves the right to accept or reject any or all proposals.
g. The City of Fayetteville reserves the right to cancel the entire request.
h. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the request for
statements of qualification or resulting submittal.
i. The City of Fayetteville reserves the right to request any necessary clarifications, additional information, or proposal
data without changing the terms of the proposal.
j. The City of Fayetteville reserves the right to make selection of the Proposer to perform the services required on
the basis of the original proposals without negotiation.
k. The City of Fayetteville intends on utilizing the received proposals for applicable 2023 engineering, architectural,
and land surveying projects. Projects believed to be under $35,000 by the City will be selected by the
Department/Division head in accordance with the presented selection criteria in this RFQ. Projects expected to
exceed $35,000 shall be voted on by the selection committee and any related contract exceeding $35,000 shall
require formal authorization by the Fayetteville City Council.
4. EVALUATION CRITERIA:
The evaluation criterion defines 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.
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:
d. 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”.
e. 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.
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Page 6 of 14
8. WITHDRAWAL OF PROPOSAL:
A proposal may be withdrawn at any time.
9. LATE PROPOSAL OR MODIFICATIONS:
d. Proposal and modifications received after the time set for the proposal submittal shall not be considered.
Modifications in writing received prior to the deadline will be accepted. The City will not be responsible for
misdirected responses. Proposers will receive an email confirmation after successful submission in the electronic
submission platform.
e. The time set for the deadline shall be local time for Fayetteville, AR. All proposals shall be received in the
Purchasing Division BEFORE the deadline stated. The official clock to determine local time shall be the clock
located in the electronic platform.
10. LOCAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS:
d. The laws of the State of Arkansas apply to any purchase made under this request for statements of qualification.
Proposers shall comply with all local, state, and federal directives, orders and laws as applicable to this proposal
and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO), Disadvantaged
Business Enterprises (DBE), & OSHA as applicable to this contract.
e. 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.”
12. RIGHT TO AUDIT, FOIA, AND JURISDICITON:
d. 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.
e. 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.
f. 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:
All standard terms and conditions stated in this request for statements of qualification apply to this contract except as
specifically stated in the subsequent sections of this document, which take precedence, and should be fully understood
by Proposers prior to submitting a proposal on this requirement.
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Page 7 of 14
15. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION:
Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call
479.521.1316 (telecommunications device for the deaf), not later than seven days prior to the deadline. Persons
needing translation of this document shall contact the City of Fayetteville, Purchasing Division, immediately.
16. PAYMENTS AND INVOICING:
The Proposer must specify in their proposal the exact company name and address which must be the same as invoices
submitted for payment as a result of award of this RFQ. Further, the successful Proposer is responsible for immediately
notifying the Purchasing Division of any company name change, which would cause invoicing to change from the name
used at the time of the original RFQ. Payment will be made within thirty days of invoice received. The City of Fayetteville
is very credit worthy and will not pay any interest or penalty for untimely payments. Payments can be processed
through Proposer’s acceptance of Visa at no additional costs to the City for expedited payment processing. The City
will not agree to allow any increase in hourly rates by the contract without PRIOR Fayetteville City Council approval.
17. CANCELLATION:
d. 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.
e. 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.
f. 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.
g. 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:
d. The Contractor 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.
e. In the event of a corporate acquisition and/or merger, the Contractor 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 constitute approval
for purpose of this Agreement.
19. NON-EXCLUSIVE CONTRACT:
Award of this RFQ shall impose no obligation on the City to utilize the vendor for all work of this type, which may develop
during the contract period. This is not an exclusive contract. The City specifically reserves the right to concurrently
contract with other companies for similar work if it deems such an action to be in the City’s best interest. In the case
of multiple-phase contracts, this provision shall apply separately to each item.
20. ADDITIONAL REQUIREMENTS:
The City reserves the right to request additional services relating to this RFQ from the Proposer. When approved by
the City as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such
additional requirements as may become necessary.
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21. SERVICES AGREEMENT:
A written agreement, in substantially the form attached, incorporating the RFQ and the successful proposal will be
prepared by the City, signed by the successful Proposer and presented to the City of Fayetteville for approval and
signature of the Mayor.
22. INTEGRITY OF STATEMENT OF QUALIFICATION (RFQ) DOCUMENTS:
Proposers shall use the original RFQ form(s) provided by the Purchasing Division and enter information only in the
spaces where a response is requested. Proposers may use an attachment as an addendum to the RFQ form(s) if
sufficient space is not available on the original form for the Proposer to enter a complete response. Any modifications
or alterations to the original RFQ documents by the Proposer, whether intentional or otherwise, will constitute grounds
for rejection of such RFQ response. Any such modifications or alterations a Proposer wishes to propose shall be clearly
stated in the Proposer’s RFQ response and presented in the form of an addendum to the original RFQ documents.
23. LOBBYING:
Lobbying or communicating with selection committee members, City of Fayetteville employees, or elected officials
regarding request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by the
bidder/proposer/protestor or any member of the bidder’s/proposer’s/protestor’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 states submitting entity is not a debarred contractor with the federal,
any state, or local government.
25. OTHER GENERAL CONDITIONS:
d. Proposers shall provide the City with proposals signed by an employee having legal authority to submit proposals
on behalf of the Proposer. The entire cost of preparing and providing responses shall be borne by the Proposer.
e. The City reserves the right to request any additional information it deems necessary from any or all Proposers after
the submission deadline.
f. The request for statement of qualification is not to be construed as an offer, a contract, or a commitment of any
kind; nor does it commit the city to pay for any costs incurred by Proposer in preparation. It shall be clearly
understood that any costs incurred by the Proposer in responding to this request for statements of qualification is
at the Proposer's own risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for
reimbursement to the Proposer for any expense so incurred, regardless of whether or not the proposal is accepted.
g. 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.
h. Any uncertainties shall be brought to the attention to Amanda Beilfuss immediately via telephone (479.575.8220)
or e-mail (abeilfuss@fayetteville-ar.gov). It is the intent and goal of the City of Fayetteville Purchasing Division to
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City of Fayetteville, AR
RFQ 23-01, Engineering & Architectural Services
Page 9 of 14
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.
i. Any inquiries or requests for explanation in regard to the City's requirements should be made promptly to Amanda
Beilfuss, City of Fayetteville, Sr. Purchasing Agent via e-mail (abeilfuss@fayetteville-ar.gov) or telephone
(479.575.8220). 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.
j. 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.
k. 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.
l. 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.
m. 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 substan-
tially 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.
n. The successful Proposer's attention is directed to the fact that all applicable Federal and State laws, municipal
ordinances, and the rules and regulations of all authorities having jurisdiction over the services shall apply to the
contract throughout, and they will be deemed to be included in the contract as though written out in full herein. The
successful Proposer shall keep himself/herself fully informed of all laws, ordinances and regulations of the Federal,
State, and municipal governments or authorities in any manner affecting those engaged or employed in providing
these services or in any way affecting the conduct of the services and of all orders and decrees of bodies or tribunals
having any jurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in these
Contract Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation,
order or decree, s/he shall herewith report the same in writing to City of Fayetteville.
o. All interested parties shall understand the City is not utilizing AIA contracts for projects. Standard City contracts will
be used for all projects.
26. INSURANCE:
d. Any project selected under this RFQ shall require professional liability insurance in the amount of $1 million US
dollars, at minimum. Such Certificate of Insurance shall list the City as an additional insured and not be required
unless firm is selected.
27. ATTACHMENTS:
a. Appendix A: City Standard Federal Contract Provisions
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RFQ 23-01, Engineering & Architectural Services
Page 10 of 14
28. SELECTION CRITERIA:
The evaluation criterion below defines the factors which will be used by the selection committee to evaluate and score
responsive, responsible and qualified proposals. The evaluation factors are as follows:
1. 30 Points – Specialized experience and technical competence of the firm with respect to the type of professional
services required
2. 25 Points – Capacity and capability of the firm the 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: Price shall not be a considered factor used to select a vendor. 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. Statements of Qualification/Proposals shall NOT include prices,
hourly fees, consulting rates, etc. of any kind.
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RFQ 23-01, Engineering & Architectural Services
Page 11 of 14
City of Fayetteville, AR
RFQ 23-01, Engineering & Architectural Services
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: _________________ FULL TIME _______________ PART TIME
NUMBER OF EMPLOYEES PLANNED FOR THIS CONTRACT: _______ FULL TIME _______ PART TIME
PLEASE LIST FOUR (4) REFERENCES THAT YOU HAVE PREVIOUSLY PERFORMED CONTRACT SERVICES FOR WITHIN THE PAST FIVE (5)
YEARS (All fields must be completed):
1. ___________________________________________ 2. __________________________________________
COMPANY NAME COMPANY NAME
_____________________________________________ __________________________________________
CITY, STATE, ZIP CITY, STATE, ZIP
_____________________________________________ _____________________________________________
CONTACT PERSON CONTACT PERSON
_____________________________________________ _____________________________________________
TELEPHONE TELEPHONE
_____________________________________________ _____________________________________________
FAX NUMBER FAX NUMBER
_____________________________________________ _____________________________________________
E-MAIL ADDRESS E-MAIL ADDRESS
3. ___________________________________________ 4. __________________________________________
COMPANY NAME COMPANY NAME
_____________________________________________ __________________________________________
CITY, STATE, ZIP CITY, STATE, ZIP
_____________________________________________ _____________________________________________
CONTACT PERSON CONTACT PERSON
_____________________________________________ _____________________________________________
TELEPHONE TELEPHONE
_____________________________________________ _____________________________________________
FAX NUMBER FAX NUMBER
_____________________________________________ _____________________________________________
E-MAIL ADDRESS E-MAIL ADDRESS
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RFQ 23-01, Engineering & Architectural Services
Page 12 of 14
City of Fayetteville, AR
RFQ 23-01, Engineering & Architectural Services
SECTION C: 2023 Annual Statement of Qualifications Summary Form
ATTENTION: This form shall be completed and returned with EACH SUBMITTED Statement of Qualification. The City will
utilize the selection marked by each firm to correspond with the scope of work for each project.
NAME OF FIRM: ___________________________________________________________________
SUMMARY STATEMENT:
Proposer should provide summary information on this form by checking the areas of expertise based on experience and
qualifications.
This form must be completed and returned in order for your proposal to be eligible for consideration.
Airport Mechanical
Architecture Natural Resource/Conservation Planning
Bridges Parks: Urban Forestry Planning
Carbon Sequestration Analysis Parks: Land Dedication Fees Consultant
Civil/Structural Design Site Utility
Climate Resilience Analysis Studio Design
Construction Administration Storm Water Management
Drainage Design, Analysis, & Planning Stormwater Modeling
Ecosystem Services Analysis Stormwater Design
Electrical Structural Design
Environmental Analysis, Remediation, &
Permitting Surveying
Environmental Water Services Sustainability Design
Floodplain Services Testing Services: Soil/Materials
GIS Mapping Traffic Studies
Geotechnical Engineering Utility Asset Inspections
Hydrology Value Engineering
Independent Fee Estimates Wastewater Design
Interior Design Wastewater Management
Landscape Architecture Wastewater Modeling
LEED/Sites Certification Wastewater Rate Studies
Lighting Design Wastewater SSES
Master Planning: Arts/Culture Water/ Sewer Rate Studies
Master Planning: City/Government Water Audit Services
Master Planning: Parks Water Design
Master Planning: Streets Water Management
Master Planning: Wastewater Water Modeling
Master Planning: Water Water Quality Monitoring
Wetlands
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RFQ 23-01, Engineering & Architectural Services
Page 13 of 14
City of Fayetteville, AR
RFQ 23-01, Engineering & Architectural Services
SECTION D: Signature Submittal
1. DISCLOSURE INFORMATION
Proposer must disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any
relationship with any City of Fayetteville employee. Proposer response must disclose if a known relationship exists between
any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official.
If, to your knowledge, no relationship exists, this should also be stated in your response. Failure to disclose such a
relationship may result in cancellation of a purchase and/or contract as a result of your response. This form must be
completed and returned in order for your bid/proposal to be eligible for consideration.
PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRIATELY APPLIES TO YOUR FIRM:
___________1) NO KNOWN RELATIONSHIP EXISTS
___________2) RELATIONSHIP EXISTS (Please explain): __________________________________
_______________________________________________________________________________
I certify that; as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the
information provided herein are accurate and true; and my organization shall comply with all State and Federal Equal
Opportunity and Non-Discrimination requirements and conditions of employment.
Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott
Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public
entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must
notify the contracted public entity in writing.
2. PRIMARY CONTACT INFORMATION
At the discretion of the City, one or more firms may be asked for more detailed information before final ranking of the firms,
which may also include oral interviews. NOTE: Each Proposer shall submit to the City a primary contact name, e-mail
address, and phone number where the City’s Purchasing Division can contact for clarification or interview request.
Name of Firm: __________________________________________________________________________
Name of Primary Contact: _________________________________________________________________
Title of Primary Contact: __________________________________________________________________
Phone Number: _________________________________________________________________________
E-Mail Address: __________________________________________________________________________
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RFQ 23-01, Engineering & Architectural Services
Page 14 of 14
3. ACKNOWLEDGEMENT OF ADDENDA
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 RFP 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 Contractor to disqualification.
ADDENDUM NO. SIGNATURE AND PRINTED NAME DATE ACKNOWLEDGED
4. DEBARMENT CERTIFICATION:
As an interested party on this project, you are required to provide debarment/suspension certification indicating in
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.
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.
Questions regarding this form should be directed to the City of Fayetteville Purchasing Division.
COMPANY: ________________________________________________________________________________
PHYSICAL ADDRESS: _________________________________________________________________________
MAILING ADDRESS: _________________________________________________________________________
PHONE: __________________________________________ FAX: ____________________________________
E-MAIL: __________________________________________________________________________________
TAX ID #: ____________________________________ UEI #:________________________________________
Signed (By submitting your response, you certify that you are authorized to represent and bind your company):
SIGNATURE: _______________________________________________________________________________
PRINTED NAME : ___________________________________________________________________________
TITLE: ________________________________________ DATE: ______________________________________
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City of Fayetteville, AR
Appendix A - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards, CFR Part 200, Appendix II
Last Updated: 12/02/2022
Page 1 of 7
RFQ 23-01, Engineering and Architectural Services
Appendix A: Contract Provisions for Non-Federal Entity Contracts Under Federal Awards
CODE OF FEDERAL REGULATIONS
TITLE 2 – GRANTS AND AGREEMENTS
PART 200, APPENDIX II
Appendix A: Appendix II to Part 200 – Contract Provisions for Non-Federal Entity Contracts Under Federal Awards
Appendix II to Part 200, Title 2 – Contract Provisions for Non-Federal Entity Contracts Under Federal Awards
https://www.govinfo.gov/content/pkg/CFR-2021-title2-vol1/pdf/CFR-2021-title2-vol1-part200.pdf
Contractors and vendors shall comply with the following federal guidelines, in accordance with the most recent published version of
Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards. The definition of a “non-Federal
entity” in this section shall mean the City of Fayetteville, AR. Language in this Appendix shall override and supersede any language
contained in the bid documents. All parties shall understand the terms “vendor” and “contractor” may apply to a design firm,
construction contractor and/or sub-contractor. Language in this appendix shall apply as it is applicable to federal law. Design firms
shall incorporate all applicable federal language into bid specifications, qualification requirements and contract documents prepared
for City of Fayetteville projects.
1. Termination for Cause and Convenience
a. The City of Fayetteville reserves the right to cancel this Contract, without cause, by giving thirty (30) days’ notice to
the vendor of the intent to cancel, or with cause if at any time the vendor fails to fulfill or abide by any of the terms
or conditions specified. This Agreement shall be automatically terminated if funds under federal award, number are
discontinued by the awarding agency for any reason. Such termination shall take effect upon receipt of written notice.
If there is a need to settle on an early termination, partial payment up to the termination date would be determined
by incurrence of allowable cost, by completion of task, by percent of time completed up to the settlement, or some
other method as defined by the City upon review of the vendor’s records.
a. Failure of the vendor to comply with any of the provisions of this 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.
b. 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 services which have not been provided within the period of time stated in the
proposal, or if no such time is stated, within a reasonable period of time from the date of order or request, as
determined by the City.
2. Equal Employment Opportunity – Vendor shall comply with 41 CFR 60–1.4(b)
a. During the performance of this contract, the vendor agrees as follows:
(1) The vendor will not discriminate against any employee or applicant for employment because of
race, color, religion, sex, sexual orientation, gender identity, or national origin. The vendor will take
affirmative action to ensure that applicants are employed, and that employees are treated during
employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or
national origin. Such action shall include, but not be limited to the following: Employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training, including apprenticeship.
The vendor agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
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Appendix A - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards, CFR Part 200, Appendix II
Last Updated: 12/02/2022
Page 2 of 7
(2) The vendor will, in all solicitations or advertisements for employees placed by or on behalf of the
vendor, state that all qualified applicants will receive consideration for employment without regard
to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The vendor will not discharge or in any other manner discriminate against any employee or
applicant for employment because such employee or applicant has inquired about, discussed, or
disclosed the compensation of the employee or applicant or another employee or applicant. This
provision shall not apply to instances in which an employee who has access to the compensation
information of other employees or applicants as a part of such employee’s essential job functions
discloses the compensation of such other employees or applicants to individuals who do not
otherwise have access to such information, unless such disclosure is in response to a formal
complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an
investigation conducted by the employer, or is consistent with the vendor’s legal duty to furnish
information.
(4) The vendor will send to each labor union or representative of workers with which he has a collective
bargaining agreement or other contract or understanding, a notice to be provided advising the said
labor union or workers’ representatives of the vendor’s commitments under this section, and shall
post copies of the notice in conspicuous places available to employees and applicants for
employment.
(5) The vendor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of
the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The vendor will furnish all information and reports required by Executive Order 11246 of September
24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and
will permit access to his books, records, and accounts by the administering agency and the Secretary
of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and
orders.
(7) In the event of the vendor’s noncompliance with the nondiscrimination clauses of this contract or
with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or
suspended in whole or in part and the vendor may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(8) The vendor will include the portion of the sentence immediately preceding paragraph (1) and the
provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted
by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding upon each sub-vendor
or vendor. The vendor will take such action with respect to any subcontract or purchase order as
the administering agency may direct as a means of enforcing such provisions, including sanctions
for noncompliance:
a. Provided, however, that in the event a vendor becomes involved in, or is threatened with,
litigation with a sub-vendor or vendor as a result of such direction by the administering
agency, the vendor may request the United States to enter into such litigation to protect
the interests of the United States.
b. The applicant further agrees that it will be bound by the above equal opportunity clause
with respect to its own employment practices when it participates in federally assisted
construction work: Provided, That if the applicant so participating is a State or local
government, the above equal opportunity clause is not applicable to any agency,
instrumentality or subdivision of such government which does not participate in work on
or under the contract.
c. The applicant agrees that it will assist and cooperate actively with the administering agency
and the Secretary of Labor in obtaining the compliance of vendors and sub vendors with
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Appendix A - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards, CFR Part 200, Appendix II
Last Updated: 12/02/2022
Page 3 of 7
the equal opportunity clause and the rules, regulations, and relevant orders of the
Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor
such information as they may require for the supervision of such compliance, and that it
will otherwise assist the administering agency in the discharge of the agency’s primary
responsibility for securing compliance.
d. The applicant further agrees that it will refrain from entering into any contract or contract
modification subject to Executive Order 11246 of September 24, 1965, with a vendor
debarred from, or who has not demonstrated eligibility for, Government contracts and
federally assisted construction contracts pursuant to the Executive Order and will carry out
such sanctions and penalties for violation of the equal opportunity clause as may be
imposed upon vendors and sub-vendors by the administering agency or the Secretary of
Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant
agrees that if it fails or refuses to comply with these undertakings, the administering
agency may take any or all of the following actions: Cancel, terminate, or suspend in whole
or in part this grant (contract, loan, insurance, guarantee); refrain from extending any
further assistance to the applicant under the program with respect to which the failure or
refund occurred until satisfactory assurance of future compliance has been received from
such applicant; and refer the case to the Department of Justice for appropriate legal
proceedings.
b. Subcontracts. Each nonexempt prime vendor or sub-vendor shall include the equal opportunity clause in each of its
nonexempt subcontracts.
c. Inclusion of the equal opportunity clause by reference. The equal opportunity clause may be included by reference in
all Government contracts and subcontracts, including Government bills of lading, transportation requests, contracts
for deposit of Government funds, and contracts for issuing and paying U.S. savings bonds and notes, and such other
contracts and subcontracts as the Director of OFCCP may designate.
d. Incorporation by operation of the order. By operation of the order, the equal opportunity clause shall be considered
to be a part of every contract and subcontract required by the order and the regulations in this part to include such a
clause whether or not it is physically incorporated in such contracts and whether or not the contract between the
agency and the vendor is written.
e. Adaptation of language. Such necessary changes in language may be made in the equal opportunity clause as shall be
appropriate to identify properly the parties and their undertakings.
3. Davis-Bacon Act, (40 U.S.C. 3141–3144, and 3146–3148) as supplemented by Department of Labor regulations (29 CFR Part 5,
‘‘Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction’’)
a. See also 2 C.F.R. Part 200, Appendix II, ¶ D.
b. In accordance with the statute, vendors must be required to pay wages to laborers and mechanics at a rate not less
than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, vendor must
be required to pay wages not less than once a week.
c. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of
Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance
of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal
awarding agency.
i. Contractor’s on projects shall reference the appendices containing Wage Determination Numbers and dates.
4. Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3,
“Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the
United States”).
a. Each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the
construction, completion, or repair of public work, to give up any part of the compensation to which he or she is
otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding
agency.
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City of Fayetteville, AR
Appendix A - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards, CFR Part 200, Appendix II
Last Updated: 12/02/2022
Page 4 of 7
i. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3
as may be applicable, which are incorporated by reference into this contract.
ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such
other clauses as may by appropriate instructions require, and also a clause requiring the subcontractors to
include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.
iii. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for
debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.
5. Contract Work Hours and Safety Standards Act
a. Where applicable (see 40 U.S.C. § 3701), all contracts awarded by the non-Federal entity in excess of $100,000 that
involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and
3704, as supplemented by Department of Labor regulations at 29 C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix II, ¶ E.
b. Under 40 U.S.C. § 3702, each contractor must be required to compute the wages of every mechanic and laborer based
on a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the
worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in
excess of 40 hours in the work week.
c. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic
must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.
These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open
market, or contracts for transportation or transmission of intelligence.
d. Compliance with the Contract Work Hours and Safety Standards Act
ii. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which
may require or involve the employment of laborers or mechanics shall require or permit any such laborer or
mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in
such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-
half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
iii. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth
in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for
the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the
case of work done under contract for the District of Columbia or a territory, to such District or to such
territory), for liquidated damages. Such liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth
in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required
or permitted to work in excess of the standard workweek of forty hours without payment of the overtime
wages required by the clause set forth in paragraph (1) of this section.
iv. Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the
loan or grant recipient) shall upon its own action or upon written request of an authorized representative of
the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work
performed by the contractor or subcontractor under any such contract or any other Federal contract with
the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and
Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated
damages as provided in the clause set forth in paragraph (2) of this section.
v. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in
paragraph (1) through (4) of this section and a clause requiring the subcontractors to include these clauses
in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor
or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.”
6. Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of “funding agreement”
under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit
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City of Fayetteville, AR
Appendix A - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards, CFR Part 200, Appendix II
Last Updated: 12/02/2022
Page 5 of 7
organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research
work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401,
“Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and
Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
7. Clean Air Act: Contracts in excess of $150,000 shall comply with the following related to the Clean Air Act
a. The vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act,
as amended, 42 U.S.C.§ 7401 et seq.
b. The vendor agrees to report each violation to the City and understands and agrees that the City will, in turn, report
each violation as required to assure notification to the (name of recipient), Federal Emergency Management Agency,
and the appropriate Environmental Protection Agency Regional Office.
c. The vendor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in
part with Federal assistance funding.
8. Federal Water Pollution Control Act: Contracts in excess of $150,000 shall comply with the following related to the Federal
Water Pollution Control Act
a. The vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water
Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
b. The vendor agrees to report each violation to the (name of the state agency or local or Indian tribal government) and
understands and agrees that the (name of the state agency or local or Indian tribal government) will, in turn, report
each violation as required to assure notification to the (name of recipient), Federal Emergency Management Agency,
and the appropriate Environmental Protection Agency Regional Office.
c. The vendor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in
part with Federal assistance.
9. Debarment and Suspension (Executive Orders 12549 and 12689)
a. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the vendor is
required to verify that none of the vendor/contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates
(defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. §
180.935).
b. A contract award (per 2 CFR 180.220) shall not be made to parties listed on the governmentwide exclusions in the
System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive
Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and
Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies,
as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
c. The vendor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a
requirement to comply with these regulations in any lower tier covered transaction it enters into.
d. If it is later determined that the vendor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart
C, in addition to remedies available to (name of state agency serving as recipient and name of subrecipient), the
Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.
e. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder
or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.
10. Byrd Anti-Lobbying Amendment 31 U.S.C. § 1352 (as amended)
a. Vendor’s who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to
the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract,
grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal
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City of Fayetteville, AR
Appendix A - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards, CFR Part 200, Appendix II
Last Updated: 12/02/2022
Page 6 of 7
funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to
tier up to the recipient.
11. Procurement of recovered materials (§ 200.323)
a. A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors and vendors
must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials
practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item
exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring
solid waste management services in a manner that maximizes energy and resource recovery; and establishing an
affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
12. Prohibition on certain telecommunications and video surveillance services or equipment (§ 200.216)
a. Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to:
i. Procure or obtain;
ii. Extend or renew a contract to procure or obtain; or
iii. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems
that uses covered telecommunications equipment or services as a substantial or essential component of any
system, or as critical technology as part of any system. As described in Public Law 115-232, section 889,
covered telecommunications equipment is telecommunications equipment produced by Huawei
Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
(1) For the purpose of public safety, security of government facilities, physical security surveillance of
critical infrastructure, and other national security purposes, video surveillance and
telecommunications equipment produced by Hytera Communications Corporation, Hangzhou
Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate
of such entities).
(2) Telecommunications or video surveillance services provided by such entities or using such
equipment.
(3) Telecommunications or video surveillance equipment or services produced or provided by an entity
that the Secretary of Defense, in consultation with the Director of the National Intelligence or the
Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or
controlled by, or otherwise connected to, the government of a covered foreign country.
b. In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of
executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical
support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected
entities to transition from covered communications equipment and services, to procure replacement equipment and
services, and to ensure that communications service to users and customers is sustained.
c. See Public Law 115-232, section 889 for additional information.
d. See also § 200.471.
13. Domestic preferences for procurements (§ 200.322)
a. As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable
under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials
produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured
products). The requirements of this section must be included in all subawards including all contracts and purchase
orders for work or products under this award.
b. For purposes of this section:
i. “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from
the initial melting stage through the application of coatings, occurred in the United States.
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City of Fayetteville, AR
Appendix A - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards, CFR Part 200, Appendix II
Last Updated: 12/02/2022
Page 7 of 7
ii. “Manufactured products” means items and construction materials composed in whole or in part of non-
ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe;
aggregates such as concrete; glass, including optical fiber; and lumber.
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City of Faye tteville, AR
RFQ 2 3 -01, Addendum 1
Page 1 | 1
RFQ 23-01, Addendum 1
Date: Tuesday, January 24, 2023
To: All Prospective Vendors
From: Amanda Beilfuss – 479.575.8220 – abeilfuss@fayetteville-ar.gov
RE: RFQ 23-01, Engineering and Architectural Services
This addendum is hereby made a part of the contract documents to the same extent as though it were
originally included therein. Interested parties should indicate their receipt of same in the appropriate blank of
the RFP. PROPOSERS SHOULD ACKNOWLEDGE THIS ADDENDUM ON THE DESIGNATED LOCATION ON THE BID
FORM.
1. The following clarifications are being provided to all interested parties:
a. PROVISION FOR OTHER AGENCIES:
Unless otherwise stipulated by the proposer, the proposer agrees to make available to all
Government agencies, departments, municipalities, and counties, the proposal prices submitted
in accordance with said proposal terms and conditions therein, should any said governmental
entity desire to buy under this proposal. Eligible Users shall mean all state of Arkansas agencies,
the legislative and judicial branches, political subdivisions (counties, local district school boards,
community colleges, municipalities, counties, or other public agencies or authorities), which may
desire to purchase under the terms and conditions of the contract.
b. Any subrecipient of American Rescue Plan Act (ARPA) Funds through the City of Fayetteville has
the authority to utilize the final list of selected firms. Subrecipients utilizing the list shall follow all
applicable state laws and City of Fayetteville Purchasing policies.
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RFQ 23‐01, Addendum 2
Page 1 | 1
RFQ 23‐01, Addendum 2
Date: Tuesday, January 31, 2023
To: All Prospective Vendors
From: Amanda Beilfuss – 479.575.8220 – abeilfuss@fayetteville‐ar.gov
RE: RFQ 23‐01, Engineering and Architectural Services
This addendum is hereby made a part of the contract documents to the same extent as though it were
originally included therein. Interested parties should indicate their receipt of same in the appropriate blank of
the RFP. PROPOSERS SHOULD ACKNOWLEDGE THIS ADDENDUM ON THE DESIGNATED LOCATION ON THE BID
FORM.
1. The deadline to submit statements of qualification for RFQ 23‐01, Engineering and Architectural Services
is being extended. The new deadline for SOQ’s is Tuesday, February 7, 2023 no later than 2:00 PM, local
time.
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RFQ 23-01 Addendum 2
Engineering Elements
Supplier Response
Event Information
Number:RFQ 23-01 Addendum 2
Title:Engineering and Architectural Services
Type:Request for Qualifications
Issue Date:1/8/2023
Deadline:2/7/2023 02:00 PM (CT)
Notes:
The City of Fayetteville, Arkansas, is requesting statements of
qualifications from firms interested in providing engineering,
architectural, & land surveying services for 2023 street, drainage,
bridge, water & sewer, trails, parks, and other projects. Any questions
regarding the process shall be directed to Amanda Beilfuss at
abeilfuss@fayetteville-ar.gov or (479) 575-8220.
Contact Information
Contact:Amanda Beilfuss Sr. Purchasing Agent
Address:Purchasing
Room 306
City Hall
113 West Mountain Street - Room 306
Fayetteville, AR 72701
Email:abeilfuss@fayetteville-ar.gov
Vendor: Engineering Elements RFQ 23-01 Addendum 2Page 1 of 2 pages
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Engineering Elements Information
Contact:Shane Lanning
Address:2458 EAST JOYCE BLVD
Suite 1
Fayetteville, AR 72703
Phone:(479) 695-1333
Email:slanning@eemep.com
Web Address:www.eemep.com
By submitting your response, you certify that you are authorized to represent and bind your company.
Shane Russell Lanning slanning@eemep.com
Signature Email
Submitted at 1/20/2023 09:57:58 AM (CT)
Requested Attachments
RFQ 23-01, Response Submittal Qual-Statement-Fayetteville-2023.pdf
Please upload your completed response, including all required forms.
Response Attachments
RFQ 23-01, Engineering and Architectural Services.pdf
Completed Sections B, C and D of RFQ 23-01.
Bid Attributes
1 Arkansas Secretary of State Filing Number:
800057866
Vendor: Engineering Elements RFQ 23-01 Addendum 2Page 2 of 2 pages
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City of Fayetteville, AR
RFQ 23-01, Engineering & Architectural Services
Page 1 of 14
City of Fayetteville, Arkansas
Purchasing Division – Room 306
113 W. Mountain
Fayetteville, AR 72701
Phone: 479.575.8256
TDD (Telecommunication Device for the Deaf): 479.521.1316
REQUEST FOR QUALIFICATION: RFQ 23-01, Engineering & Architectural Services
DEADLINE: Tuesday, January 31, 2023 before 2:00 PM, local time
SR. PURCHASING AGENT: Amanda Beilfuss, abeilfuss@fayetteville-ar.gov
DATE OF ISSUE AND ADVERTISEMENT: 01/08/2023
REQUEST FOR STATEMENTS OF QUALIFICATION
RFQ 23-01, Engineering & Architectural Services
It is the intent for the accepted responses of this solicitation to be considered for all
engineering and architectural selections for 2023.
The City may select engineers and architects for bond projects from this RFQ as well
as projects related to funding from the American Rescue Plan.
The City reserves the right to issue a separate RFQ at any time for any job specific
engineering and/or architectural selection.
Submittals shall be submitted via upload and complete submission on the City’s electronic platform at
http://fayetteville-ar.gov/bids. No physical copies shall be submitted. The City will not accept late or misdirected
responses.
All statements of qualification shall be submitted in accordance with the attached City of Fayetteville specifications and
documents attached hereto. Each Proposer is required to fill in every blank and shall supply all information requested;
failure to do so may be used as basis of rejection. Any bid, proposal, or statements of qualification will be rejected that
violates or conflicts with state, local, or federal laws, ordinances, or policies.
The Proposer hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated herein, and in strict
accordance with the specifications and general conditions of bidding, 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 Director.
RFQ (REQUEST FOR QUALIFICATION)
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City of Fayetteville, AR
RFQ 23-01, Engineering & Architectural Services
Page 2 of 14
City of Fayetteville, AR
RFQ 23-01, Engineering & Architectural Services
Advertisement
City of Fayetteville, AR
Request for Statements of Qualification
RFQ 23-01, Engineering & Architectural Services
The City of Fayetteville, Arkansas, is requesting statements of qualifications from firms interested in providing engineering,
architectural, & land surveying services for 2023 street, drainage, bridge, water & sewer, trails, parks, and other projects.
All statements shall be received by Tuesday, January 31, 2023 before 2:00 PM, local time utilizing the City’s electronic
portal located at http://fayetteville-ar.gov/bids. Late or misdirected proposals will not be accepted. Proposals will not be
accepted after the deadline. The City of Fayetteville will not be responsible for lost or misdirected RFQ’s, or failure of
bidder’s technical equipment.
Forms & addendums can be downloaded from the City’s electronic portal at http://fayetteville-ar.gov/bids. All questions
regarding the process shall be directed to Amanda Beilfuss at abeilfuss@fayetteville-ar.gov or (479)575-8220.
All interested parties 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. Interested parties shall be registered with the Arkansas Secretary of State.
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.
The City of Fayetteville reserves the right to reject any or all Proposals and to waive irregularities therein, and all parties
agree that such rejection shall be without liability on the part of the City of Fayetteville for any damage or claim brought by
any interested party because of such rejections, nor shall any interested party seek any recourse of any kind against the
City of Fayetteville because of such rejections. The filing of any Statement in response to this invitation shall constitute an
agreement of the interested party 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
Date of advertisement: 01/08/2023
This publication was paid for by the Purchasing Division of the City of Fayetteville, Arkansas.
Amount paid: $XXX.XX.
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City of Fayetteville, AR
RFQ 23-01, Engineering & Architectural Services
Page 3 of 14
City of Fayetteville, AR
RFQ 23-01, Engineering & Architectural Services
Appendix
SECTION: PAGE NUMBER
Cover Page 01
Advertisement 02
SECTION A: General Terms & Conditions 04
SECTION B: Vendor References 11
SECTION C: Summary Form 12
SECTION D: Signature Submittal 14
Appendix A: City Standard Federal Contract Provisions 15
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City of Fayetteville, AR
RFQ 23-01, Engineering & Architectural Services
Page 4 of 14
City of Fayetteville, AR
RFQ 23-01, Engineering & Architectural Services
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 this document 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.
c. Electronic Submittal: Proposers are required to go to http://fayetteville-ar.gov/bids and follow the prompts to
submit a statement of qualification within the electronic platform. Physical submittals are not allowed for this
RFQ.
i. SOQ’s shall be prepared simply and economically, providing a straightforward, concise description
of its ability to meet the requirements for the project. Fancy bindings, colored displays, and
promotional material are not required. Emphasis should be on completeness and clarity of
content. All documents submitted through the electronic portal shall be standard page size of 8
½” x 11”. Exceptions would be schematics, exhibits, one-page resumes, and City required forms.
Limit proposal to twenty- five (25) pages or less, excluding one-page team resumes, references,
and forms required by the City for completion. All proposals shall be uploaded in a PDF format to
the City’s electronic platform prior to the stated deadline.
d. Proposals will be reviewed following the stated deadline, as shown on the cover sheet of this document. Only the
names of responders will be available as selections will be made all year for various projects.
e. Proposers shall submit a statement of qualification based on documentation published by the Fayetteville
Purchasing Division.
f. Proposals must follow the format of the RFQ. Proposers should structure their responses to follow the sequence
of the RFQ, if provided.
g. 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.
h. Proposer is advised that exceptions to any of the terms contained in this RFQ or the attached service agreement
must be identified in its response to the RFQ. Failure to do so may lead the City to declare any such term non-
negotiable. Proposer’s desire to take exception to a non-negotiable term will not disqualify it from consideration
for award.
i. Local time shall be defined as the time in Fayetteville, Arkansas on the due date of the deadline. Documents shall
be received before the deadline time as shown by the atomic clock located in the Purchasing Division Office.
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.
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City of Fayetteville, AR
RFQ 23-01, Engineering & Architectural Services
Page 5 of 14
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:
d. The City of Fayetteville reserves the right to rank firms and negotiate with the highest-ranking firm. Negotiation
with an individual Proposer does not require negotiation with others.
e. The City of Fayetteville reserves the right to select the proposal that it believes will serve the best interest of the
City.
f. The City of Fayetteville reserves the right to accept or reject any or all proposals.
g. The City of Fayetteville reserves the right to cancel the entire request.
h. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the request for
statements of qualification or resulting submittal.
i. The City of Fayetteville reserves the right to request any necessary clarifications, additional information, or proposal
data without changing the terms of the proposal.
j. The City of Fayetteville reserves the right to make selection of the Proposer to perform the services required on
the basis of the original proposals without negotiation.
k. The City of Fayetteville intends on utilizing the received proposals for applicable 2023 engineering, architectural,
and land surveying projects. Projects believed to be under $35,000 by the City will be selected by the
Department/Division head in accordance with the presented selection criteria in this RFQ. Projects expected to
exceed $35,000 shall be voted on by the selection committee and any related contract exceeding $35,000 shall
require formal authorization by the Fayetteville City Council.
4. EVALUATION CRITERIA:
The evaluation criterion defines 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.
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:
d. 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”.
e. 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.
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City of Fayetteville, AR
RFQ 23-01, Engineering & Architectural Services
Page 6 of 14
8. WITHDRAWAL OF PROPOSAL:
A proposal may be withdrawn at any time.
9. LATE PROPOSAL OR MODIFICATIONS:
d. Proposal and modifications received after the time set for the proposal submittal shall not be considered.
Modifications in writing received prior to the deadline will be accepted. The City will not be responsible for
misdirected responses. Proposers will receive an email confirmation after successful submission in the electronic
submission platform.
e. The time set for the deadline shall be local time for Fayetteville, AR. All proposals shall be received in the
Purchasing Division BEFORE the deadline stated. The official clock to determine local time shall be the clock
located in the electronic platform.
10. LOCAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS:
d. The laws of the State of Arkansas apply to any purchase made under this request for statements of qualification.
Proposers shall comply with all local, state, and federal directives, orders and laws as applicable to this proposal
and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO), Disadvantaged
Business Enterprises (DBE), & OSHA as applicable to this contract.
e. 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.”
12. RIGHT TO AUDIT, FOIA, AND JURISDICITON:
d. 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.
e. 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.
f. 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:
All standard terms and conditions stated in this request for statements of qualification apply to this contract except as
specifically stated in the subsequent sections of this document, which take precedence, and should be fully understood
by Proposers prior to submitting a proposal on this requirement.
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City of Fayetteville, AR
RFQ 23-01, Engineering & Architectural Services
Page 7 of 14
15. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION:
Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call
479.521.1316 (telecommunications device for the deaf), not later than seven days prior to the deadline. Persons
needing translation of this document shall contact the City of Fayetteville, Purchasing Division, immediately.
16. PAYMENTS AND INVOICING:
The Proposer must specify in their proposal the exact company name and address which must be the same as invoices
submitted for payment as a result of award of this RFQ. Further, the successful Proposer is responsible for immediately
notifying the Purchasing Division of any company name change, which would cause invoicing to change from the name
used at the time of the original RFQ. Payment will be made within thirty days of invoice received. The City of Fayetteville
is very credit worthy and will not pay any interest or penalty for untimely payments. Payments can be processed
through Proposer’s acceptance of Visa at no additional costs to the City for expedited payment processing. The City
will not agree to allow any increase in hourly rates by the contract without PRIOR Fayetteville City Council approval.
17. CANCELLATION:
d. 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.
e. 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.
f. 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.
g. 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:
d. The Contractor 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.
e. In the event of a corporate acquisition and/or merger, the Contractor 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 constitute approval
for purpose of this Agreement.
19. NON-EXCLUSIVE CONTRACT:
Award of this RFQ shall impose no obligation on the City to utilize the vendor for all work of this type, which may develop
during the contract period. This is not an exclusive contract. The City specifically reserves the right to concurrently
contract with other companies for similar work if it deems such an action to be in the City’s best interest. In the case
of multiple-phase contracts, this provision shall apply separately to each item.
20. ADDITIONAL REQUIREMENTS:
The City reserves the right to request additional services relating to this RFQ from the Proposer. When approved by
the City as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such
additional requirements as may become necessary.
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City of Fayetteville, AR
RFQ 23-01, Engineering & Architectural Services
Page 8 of 14
21. SERVICES AGREEMENT:
A written agreement, in substantially the form attached, incorporating the RFQ and the successful proposal will be
prepared by the City, signed by the successful Proposer and presented to the City of Fayetteville for approval and
signature of the Mayor.
22. INTEGRITY OF STATEMENT OF QUALIFICATION (RFQ) DOCUMENTS:
Proposers shall use the original RFQ form(s) provided by the Purchasing Division and enter information only in the
spaces where a response is requested. Proposers may use an attachment as an addendum to the RFQ form(s) if
sufficient space is not available on the original form for the Proposer to enter a complete response. Any modifications
or alterations to the original RFQ documents by the Proposer, whether intentional or otherwise, will constitute grounds
for rejection of such RFQ response. Any such modifications or alterations a Proposer wishes to propose shall be clearly
stated in the Proposer’s RFQ response and presented in the form of an addendum to the original RFQ documents.
23. LOBBYING:
Lobbying or communicating with selection committee members, City of Fayetteville employees, or elected officials
regarding request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by the
bidder/proposer/protestor or any member of the bidder’s/proposer’s/protestor’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 states submitting entity is not a debarred contractor with the federal,
any state, or local government.
25. OTHER GENERAL CONDITIONS:
d. Proposers shall provide the City with proposals signed by an employee having legal authority to submit proposals
on behalf of the Proposer. The entire cost of preparing and providing responses shall be borne by the Proposer.
e. The City reserves the right to request any additional information it deems necessary from any or all Proposers after
the submission deadline.
f. The request for statement of qualification is not to be construed as an offer, a contract, or a commitment of any
kind; nor does it commit the city to pay for any costs incurred by Proposer in preparation. It shall be clearly
understood that any costs incurred by the Proposer in responding to this request for statements of qualification is
at the Proposer's own risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for
reimbursement to the Proposer for any expense so incurred, regardless of whether or not the proposal is accepted.
g. 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.
h. Any uncertainties shall be brought to the attention to Amanda Beilfuss immediately via telephone (479.575.8220)
or e-mail (abeilfuss@fayetteville-ar.gov). It is the intent and goal of the City of Fayetteville Purchasing Division to
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City of Fayetteville, AR
RFQ 23-01, Engineering & Architectural Services
Page 9 of 14
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.
i. Any inquiries or requests for explanation in regard to the City's requirements should be made promptly to Amanda
Beilfuss, City of Fayetteville, Sr. Purchasing Agent via e-mail (abeilfuss@fayetteville-ar.gov) or telephone
(479.575.8220). 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.
j. 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.
k. 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.
l. 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.
m. 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 substan-
tially 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.
n. The successful Proposer's attention is directed to the fact that all applicable Federal and State laws, municipal
ordinances, and the rules and regulations of all authorities having jurisdiction over the services shall apply to the
contract throughout, and they will be deemed to be included in the contract as though written out in full herein. The
successful Proposer shall keep himself/herself fully informed of all laws, ordinances and regulations of the Federal,
State, and municipal governments or authorities in any manner affecting those engaged or employed in providing
these services or in any way affecting the conduct of the services and of all orders and decrees of bodies or tribunals
having any jurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in these
Contract Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation,
order or decree, s/he shall herewith report the same in writing to City of Fayetteville.
o. All interested parties shall understand the City is not utilizing AIA contracts for projects. Standard City contracts will
be used for all projects.
26. INSURANCE:
d. Any project selected under this RFQ shall require professional liability insurance in the amount of $1 million US
dollars, at minimum. Such Certificate of Insurance shall list the City as an additional insured and not be required
unless firm is selected.
27. ATTACHMENTS:
a. Appendix A: City Standard Federal Contract Provisions
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City of Fayetteville, AR
RFQ 23-01, Engineering & Architectural Services
Page 10 of 14
28. SELECTION CRITERIA:
The evaluation criterion below defines the factors which will be used by the selection committee to evaluate and score
responsive, responsible and qualified proposals. The evaluation factors are as follows:
1. 30 Points – Specialized experience and technical competence of the firm with respect to the type of professional
services required
2. 25 Points – Capacity and capability of the firm the 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: Price shall not be a considered factor used to select a vendor. 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. Statements of Qualification/Proposals shall NOT include prices,
hourly fees, consulting rates, etc. of any kind.
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City of Fayetteville, AR
RFQ 23-01, Engineering & Architectural Services
Page 11 of 14
City of Fayetteville, AR
RFQ 23-01, Engineering & Architectural Services
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: _________________ FULL TIME _______________ PART TIME
NUMBER OF EMPLOYEES PLANNED FOR THIS CONTRACT: _______ FULL TIME _______ PART TIME
PLEASE LIST FOUR (4) REFERENCES THAT YOU HAVE PREVIOUSLY PERFORMED CONTRACT SERVICES FOR WITHIN THE PAST FIVE (5)
YEARS (All fields must be completed):
1. ___________________________________________ 2. __________________________________________
COMPANY NAME COMPANY NAME
_____________________________________________ __________________________________________
CITY, STATE, ZIP CITY, STATE, ZIP
_____________________________________________ _____________________________________________
CONTACT PERSON CONTACT PERSON
_____________________________________________ _____________________________________________
TELEPHONE TELEPHONE
_____________________________________________ _____________________________________________
FAX NUMBER FAX NUMBER
_____________________________________________ _____________________________________________
E-MAIL ADDRESS E-MAIL ADDRESS
3. ___________________________________________ 4. __________________________________________
COMPANY NAME COMPANY NAME
_____________________________________________ __________________________________________
CITY, STATE, ZIP CITY, STATE, ZIP
_____________________________________________ _____________________________________________
CONTACT PERSON CONTACT PERSON
_____________________________________________ _____________________________________________
TELEPHONE TELEPHONE
_____________________________________________ _____________________________________________
FAX NUMBER FAX NUMBER
_____________________________________________ _____________________________________________
E-MAIL ADDRESS E-MAIL ADDRESS
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City of Fayetteville, AR
RFQ 23-01, Engineering & Architectural Services
Page 12 of 14
City of Fayetteville, AR
RFQ 23-01, Engineering & Architectural Services
SECTION C: 2023 Annual Statement of Qualifications Summary Form
ATTENTION: This form shall be completed and returned with EACH SUBMITTED Statement of Qualification. The City will
utilize the selection marked by each firm to correspond with the scope of work for each project.
NAME OF FIRM: ___________________________________________________________________
SUMMARY STATEMENT:
Proposer should provide summary information on this form by checking the areas of expertise based on experience and
qualifications.
This form must be completed and returned in order for your proposal to be eligible for consideration.
Airport Mechanical
Architecture Natural Resource/Conservation Planning
Bridges Parks: Urban Forestry Planning
Carbon Sequestration Analysis Parks: Land Dedication Fees Consultant
Civil/Structural Design Site Utility
Climate Resilience Analysis Studio Design
Construction Administration Storm Water Management
Drainage Design, Analysis, & Planning Stormwater Modeling
Ecosystem Services Analysis Stormwater Design
Electrical Structural Design
Environmental Analysis, Remediation, &
Permitting Surveying
Environmental Water Services Sustainability Design
Floodplain Services Testing Services: Soil/Materials
GIS Mapping Traffic Studies
Geotechnical Engineering Utility Asset Inspections
Hydrology Value Engineering
Independent Fee Estimates Wastewater Design
Interior Design Wastewater Management
Landscape Architecture Wastewater Modeling
LEED/Sites Certification Wastewater Rate Studies
Lighting Design Wastewater SSES
Master Planning: Arts/Culture Water/ Sewer Rate Studies
Master Planning: City/Government Water Audit Services
Master Planning: Parks Water Design
Master Planning: Streets Water Management
Master Planning: Wastewater Water Modeling
Master Planning: Water Water Quality Monitoring
Wetlands
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RFQ 23-01, Engineering & Architectural Services
Page 13 of 14
City of Fayetteville, AR
RFQ 23-01, Engineering & Architectural Services
SECTION D: Signature Submittal
1. DISCLOSURE INFORMATION
Proposer must disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any
relationship with any City of Fayetteville employee. Proposer response must disclose if a known relationship exists between
any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official.
If, to your knowledge, no relationship exists, this should also be stated in your response. Failure to disclose such a
relationship may result in cancellation of a purchase and/or contract as a result of your response. This form must be
completed and returned in order for your bid/proposal to be eligible for consideration.
PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRIATELY APPLIES TO YOUR FIRM:
___________1) NO KNOWN RELATIONSHIP EXISTS
___________2) RELATIONSHIP EXISTS (Please explain): __________________________________
_______________________________________________________________________________
I certify that; as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the
information provided herein are accurate and true; and my organization shall comply with all State and Federal Equal
Opportunity and Non-Discrimination requirements and conditions of employment.
Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott
Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public
entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must
notify the contracted public entity in writing.
2. PRIMARY CONTACT INFORMATION
At the discretion of the City, one or more firms may be asked for more detailed information before final ranking of the firms,
which may also include oral interviews. NOTE: Each Proposer shall submit to the City a primary contact name, e-mail
address, and phone number where the City’s Purchasing Division can contact for clarification or interview request.
Name of Firm: __________________________________________________________________________
Name of Primary Contact: _________________________________________________________________
Title of Primary Contact: __________________________________________________________________
Phone Number: _________________________________________________________________________
E-Mail Address: __________________________________________________________________________
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RFQ 23-01, Engineering & Architectural Services
Page 14 of 14
3. ACKNOWLEDGEMENT OF ADDENDA
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 RFP 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 Contractor to disqualification.
ADDENDUM NO. SIGNATURE AND PRINTED NAME DATE ACKNOWLEDGED
4. DEBARMENT CERTIFICATION:
As an interested party on this project, you are required to provide debarment/suspension certification indicating in
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.
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.
Questions regarding this form should be directed to the City of Fayetteville Purchasing Division.
COMPANY: ________________________________________________________________________________
PHYSICAL ADDRESS: _________________________________________________________________________
MAILING ADDRESS: _________________________________________________________________________
PHONE: __________________________________________ FAX: ____________________________________
E-MAIL: __________________________________________________________________________________
TAX ID #: ____________________________________ UEI #:________________________________________
Signed (By submitting your response, you certify that you are authorized to represent and bind your company):
SIGNATURE: _______________________________________________________________________________
PRINTED NAME : ___________________________________________________________________________
TITLE: ________________________________________ DATE: ______________________________________
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City of Fayetteville, AR
Appendix A - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards, CFR Part 200, Appendix II
Last Updated: 12/02/2022
Page 1 of 7
RFQ 23-01, Engineering and Architectural Services
Appendix A: Contract Provisions for Non-Federal Entity Contracts Under Federal Awards
CODE OF FEDERAL REGULATIONS
TITLE 2 – GRANTS AND AGREEMENTS
PART 200, APPENDIX II
Appendix A: Appendix II to Part 200 – Contract Provisions for Non-Federal Entity Contracts Under Federal Awards
Appendix II to Part 200, Title 2 – Contract Provisions for Non-Federal Entity Contracts Under Federal Awards
https://www.govinfo.gov/content/pkg/CFR-2021-title2-vol1/pdf/CFR-2021-title2-vol1-part200.pdf
Contractors and vendors shall comply with the following federal guidelines, in accordance with the most recent published version of
Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards. The definition of a “non-Federal
entity” in this section shall mean the City of Fayetteville, AR. Language in this Appendix shall override and supersede any language
contained in the bid documents. All parties shall understand the terms “vendor” and “contractor” may apply to a design firm,
construction contractor and/or sub-contractor. Language in this appendix shall apply as it is applicable to federal law. Design firms
shall incorporate all applicable federal language into bid specifications, qualification requirements and contract documents prepared
for City of Fayetteville projects.
1. Termination for Cause and Convenience
a. The City of Fayetteville reserves the right to cancel this Contract, without cause, by giving thirty (30) days’ notice to
the vendor of the intent to cancel, or with cause if at any time the vendor fails to fulfill or abide by any of the terms
or conditions specified. This Agreement shall be automatically terminated if funds under federal award, number are
discontinued by the awarding agency for any reason. Such termination shall take effect upon receipt of written notice.
If there is a need to settle on an early termination, partial payment up to the termination date would be determined
by incurrence of allowable cost, by completion of task, by percent of time completed up to the settlement, or some
other method as defined by the City upon review of the vendor’s records.
a. Failure of the vendor to comply with any of the provisions of this 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.
b. 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 services which have not been provided within the period of time stated in the
proposal, or if no such time is stated, within a reasonable period of time from the date of order or request, as
determined by the City.
2. Equal Employment Opportunity – Vendor shall comply with 41 CFR 60–1.4(b)
a. During the performance of this contract, the vendor agrees as follows:
(1) The vendor will not discriminate against any employee or applicant for employment because of
race, color, religion, sex, sexual orientation, gender identity, or national origin. The vendor will take
affirmative action to ensure that applicants are employed, and that employees are treated during
employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or
national origin. Such action shall include, but not be limited to the following: Employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training, including apprenticeship.
The vendor agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
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City of Fayetteville, AR
Appendix A - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards, CFR Part 200, Appendix II
Last Updated: 12/02/2022
Page 2 of 7
(2) The vendor will, in all solicitations or advertisements for employees placed by or on behalf of the
vendor, state that all qualified applicants will receive consideration for employment without regard
to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The vendor will not discharge or in any other manner discriminate against any employee or
applicant for employment because such employee or applicant has inquired about, discussed, or
disclosed the compensation of the employee or applicant or another employee or applicant. This
provision shall not apply to instances in which an employee who has access to the compensation
information of other employees or applicants as a part of such employee’s essential job functions
discloses the compensation of such other employees or applicants to individuals who do not
otherwise have access to such information, unless such disclosure is in response to a formal
complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an
investigation conducted by the employer, or is consistent with the vendor’s legal duty to furnish
information.
(4) The vendor will send to each labor union or representative of workers with which he has a collective
bargaining agreement or other contract or understanding, a notice to be provided advising the said
labor union or workers’ representatives of the vendor’s commitments under this section, and shall
post copies of the notice in conspicuous places available to employees and applicants for
employment.
(5) The vendor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of
the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The vendor will furnish all information and reports required by Executive Order 11246 of September
24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and
will permit access to his books, records, and accounts by the administering agency and the Secretary
of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and
orders.
(7) In the event of the vendor’s noncompliance with the nondiscrimination clauses of this contract or
with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or
suspended in whole or in part and the vendor may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(8) The vendor will include the portion of the sentence immediately preceding paragraph (1) and the
provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted
by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding upon each sub-vendor
or vendor. The vendor will take such action with respect to any subcontract or purchase order as
the administering agency may direct as a means of enforcing such provisions, including sanctions
for noncompliance:
a. Provided, however, that in the event a vendor becomes involved in, or is threatened with,
litigation with a sub-vendor or vendor as a result of such direction by the administering
agency, the vendor may request the United States to enter into such litigation to protect
the interests of the United States.
b. The applicant further agrees that it will be bound by the above equal opportunity clause
with respect to its own employment practices when it participates in federally assisted
construction work: Provided, That if the applicant so participating is a State or local
government, the above equal opportunity clause is not applicable to any agency,
instrumentality or subdivision of such government which does not participate in work on
or under the contract.
c. The applicant agrees that it will assist and cooperate actively with the administering agency
and the Secretary of Labor in obtaining the compliance of vendors and sub vendors with
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City of Fayetteville, AR
Appendix A - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards, CFR Part 200, Appendix II
Last Updated: 12/02/2022
Page 3 of 7
the equal opportunity clause and the rules, regulations, and relevant orders of the
Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor
such information as they may require for the supervision of such compliance, and that it
will otherwise assist the administering agency in the discharge of the agency’s primary
responsibility for securing compliance.
d. The applicant further agrees that it will refrain from entering into any contract or contract
modification subject to Executive Order 11246 of September 24, 1965, with a vendor
debarred from, or who has not demonstrated eligibility for, Government contracts and
federally assisted construction contracts pursuant to the Executive Order and will carry out
such sanctions and penalties for violation of the equal opportunity clause as may be
imposed upon vendors and sub-vendors by the administering agency or the Secretary of
Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant
agrees that if it fails or refuses to comply with these undertakings, the administering
agency may take any or all of the following actions: Cancel, terminate, or suspend in whole
or in part this grant (contract, loan, insurance, guarantee); refrain from extending any
further assistance to the applicant under the program with respect to which the failure or
refund occurred until satisfactory assurance of future compliance has been received from
such applicant; and refer the case to the Department of Justice for appropriate legal
proceedings.
b. Subcontracts. Each nonexempt prime vendor or sub-vendor shall include the equal opportunity clause in each of its
nonexempt subcontracts.
c. Inclusion of the equal opportunity clause by reference. The equal opportunity clause may be included by reference in
all Government contracts and subcontracts, including Government bills of lading, transportation requests, contracts
for deposit of Government funds, and contracts for issuing and paying U.S. savings bonds and notes, and such other
contracts and subcontracts as the Director of OFCCP may designate.
d. Incorporation by operation of the order. By operation of the order, the equal opportunity clause shall be considered
to be a part of every contract and subcontract required by the order and the regulations in this part to include such a
clause whether or not it is physically incorporated in such contracts and whether or not the contract between the
agency and the vendor is written.
e. Adaptation of language. Such necessary changes in language may be made in the equal opportunity clause as shall be
appropriate to identify properly the parties and their undertakings.
3. Davis-Bacon Act, (40 U.S.C. 3141–3144, and 3146–3148) as supplemented by Department of Labor regulations (29 CFR Part 5,
‘‘Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction’’)
a. See also 2 C.F.R. Part 200, Appendix II, ¶ D.
b. In accordance with the statute, vendors must be required to pay wages to laborers and mechanics at a rate not less
than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, vendor must
be required to pay wages not less than once a week.
c. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of
Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance
of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal
awarding agency.
i. Contractor’s on projects shall reference the appendices containing Wage Determination Numbers and dates.
4. Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3,
“Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the
United States”).
a. Each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the
construction, completion, or repair of public work, to give up any part of the compensation to which he or she is
otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding
agency.
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City of Fayetteville, AR
Appendix A - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards, CFR Part 200, Appendix II
Last Updated: 12/02/2022
Page 4 of 7
i. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3
as may be applicable, which are incorporated by reference into this contract.
ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such
other clauses as may by appropriate instructions require, and also a clause requiring the subcontractors to
include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.
iii. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for
debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.
5. Contract Work Hours and Safety Standards Act
a. Where applicable (see 40 U.S.C. § 3701), all contracts awarded by the non-Federal entity in excess of $100,000 that
involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and
3704, as supplemented by Department of Labor regulations at 29 C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix II, ¶ E.
b. Under 40 U.S.C. § 3702, each contractor must be required to compute the wages of every mechanic and laborer based
on a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the
worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in
excess of 40 hours in the work week.
c. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic
must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.
These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open
market, or contracts for transportation or transmission of intelligence.
d. Compliance with the Contract Work Hours and Safety Standards Act
ii. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which
may require or involve the employment of laborers or mechanics shall require or permit any such laborer or
mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in
such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-
half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
iii. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth
in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for
the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the
case of work done under contract for the District of Columbia or a territory, to such District or to such
territory), for liquidated damages. Such liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth
in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required
or permitted to work in excess of the standard workweek of forty hours without payment of the overtime
wages required by the clause set forth in paragraph (1) of this section.
iv. Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the
loan or grant recipient) shall upon its own action or upon written request of an authorized representative of
the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work
performed by the contractor or subcontractor under any such contract or any other Federal contract with
the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and
Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated
damages as provided in the clause set forth in paragraph (2) of this section.
v. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in
paragraph (1) through (4) of this section and a clause requiring the subcontractors to include these clauses
in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor
or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.”
6. Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of “funding agreement”
under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit
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Appendix A - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards, CFR Part 200, Appendix II
Last Updated: 12/02/2022
Page 5 of 7
organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research
work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401,
“Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and
Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
7. Clean Air Act: Contracts in excess of $150,000 shall comply with the following related to the Clean Air Act
a. The vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act,
as amended, 42 U.S.C.§ 7401 et seq.
b. The vendor agrees to report each violation to the City and understands and agrees that the City will, in turn, report
each violation as required to assure notification to the (name of recipient), Federal Emergency Management Agency,
and the appropriate Environmental Protection Agency Regional Office.
c. The vendor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in
part with Federal assistance funding.
8. Federal Water Pollution Control Act: Contracts in excess of $150,000 shall comply with the following related to the Federal
Water Pollution Control Act
a. The vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water
Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
b. The vendor agrees to report each violation to the (name of the state agency or local or Indian tribal government) and
understands and agrees that the (name of the state agency or local or Indian tribal government) will, in turn, report
each violation as required to assure notification to the (name of recipient), Federal Emergency Management Agency,
and the appropriate Environmental Protection Agency Regional Office.
c. The vendor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in
part with Federal assistance.
9. Debarment and Suspension (Executive Orders 12549 and 12689)
a. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the vendor is
required to verify that none of the vendor/contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates
(defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. §
180.935).
b. A contract award (per 2 CFR 180.220) shall not be made to parties listed on the governmentwide exclusions in the
System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive
Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and
Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies,
as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
c. The vendor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a
requirement to comply with these regulations in any lower tier covered transaction it enters into.
d. If it is later determined that the vendor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart
C, in addition to remedies available to (name of state agency serving as recipient and name of subrecipient), the
Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.
e. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder
or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.
10. Byrd Anti-Lobbying Amendment 31 U.S.C. § 1352 (as amended)
a. Vendor’s who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to
the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract,
grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal
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Appendix A - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards, CFR Part 200, Appendix II
Last Updated: 12/02/2022
Page 6 of 7
funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to
tier up to the recipient.
11. Procurement of recovered materials (§ 200.323)
a. A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors and vendors
must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials
practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item
exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring
solid waste management services in a manner that maximizes energy and resource recovery; and establishing an
affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
12. Prohibition on certain telecommunications and video surveillance services or equipment (§ 200.216)
a. Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to:
i. Procure or obtain;
ii. Extend or renew a contract to procure or obtain; or
iii. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems
that uses covered telecommunications equipment or services as a substantial or essential component of any
system, or as critical technology as part of any system. As described in Public Law 115-232, section 889,
covered telecommunications equipment is telecommunications equipment produced by Huawei
Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
(1) For the purpose of public safety, security of government facilities, physical security surveillance of
critical infrastructure, and other national security purposes, video surveillance and
telecommunications equipment produced by Hytera Communications Corporation, Hangzhou
Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate
of such entities).
(2) Telecommunications or video surveillance services provided by such entities or using such
equipment.
(3) Telecommunications or video surveillance equipment or services produced or provided by an entity
that the Secretary of Defense, in consultation with the Director of the National Intelligence or the
Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or
controlled by, or otherwise connected to, the government of a covered foreign country.
b. In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of
executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical
support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected
entities to transition from covered communications equipment and services, to procure replacement equipment and
services, and to ensure that communications service to users and customers is sustained.
c. See Public Law 115-232, section 889 for additional information.
d. See also § 200.471.
13. Domestic preferences for procurements (§ 200.322)
a. As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable
under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials
produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured
products). The requirements of this section must be included in all subawards including all contracts and purchase
orders for work or products under this award.
b. For purposes of this section:
i. “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from
the initial melting stage through the application of coatings, occurred in the United States.
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City of Fayetteville, AR
Appendix A - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards, CFR Part 200, Appendix II
Last Updated: 12/02/2022
Page 7 of 7
ii. “Manufactured products” means items and construction materials composed in whole or in part of non-
ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe;
aggregates such as concrete; glass, including optical fiber; and lumber.
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RFQ# 23-01, Engineering and Architectural Services
MECHANICAL
ELECTRICAL
FIRE PROTECTION
SUSTAINABILITY
DESIGN CONSULTANTS
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2 RFQ 23-01
Statement of Qualifications
and Performance Data
for Year 2023
The City of Fayetteville, Arkansas
Prepared for:
Amanda Beilfuss
City of Fayetteville
Purchasing Division – Room 306
113 West Mountain Street
Fayetteville, AR 72701
Prepared By:
Shane R. Lanning, PE, CxA, LEED-AP BD+C
President
Engineering Elements, PLLC
2458 E. Joyce Blvd., Suite 1
Fayetteville, AR 72703
Phone (479) 695-1333
January 19, 2023
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3 RFQ 23-01
EXECUTIVE SUMMARY
January 19, 2023
Ms. Amanda Beilfuss
City of Fayetteville
113 W. Mountain Street
Fayetteville, AR 72701
Re: RFQ #23-01
Engineering and Architectural Services
Ms. Beilfuss:
Engineering Elements is pleased to respond to the 2023 RFQ for Engineering Services for
the City of Fayetteville. We appreciate the opportunity to submit and are prepared to
demonstrate our commitment toward the successful completion of any proposed City project.
We consider ourselves fortunate for the opportunities we’ve had to work with the City on
projects spanning the past several years. We hope, through our prior work, we have proven
ourselves as a valuable and trustworthy partner to Fayetteville.
Inside you’ll find summary information on our recent projects. Additionally, you’ll find our
experience continues to cross a wide array of commercial construction projects including
office and retail buildings, healthcare facilities, public schools, churches, restaurants, federal
buildings and projects for the University of Arkansas. It is through these past and current
projects that we continually sharpen our expertise and improve our offering to the City of
Fayetteville.
We truly thank you for our past roles and experience in your projects and want to thank you in
advance for considering us for your future engineering design needs. Please don’t hesitate
to contact us for any questions you might have.
Sincerely,
Shane R. Lanning, P.E., CxA, LEED-AP
Engineering Elements, PLLC
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4 RFQ 23-01
TABLE OF CONTENTS
Section/Description ................................................................................ Page
Cover ............................................................................................................2
Executive Summary ......................................................................................3
Table of Contents .........................................................................................4
1. Firm Profile ...............................................................................................5
2. Personnel .................................................................................................5
3. Active Professional Engineering Licenses ................................................5
4. Professional Affiliations ............................................................................5
5. Individual Resumes ..................................................................................6
6. Specific Project Experience ......................................................................8
7. Additional Project Experience ...................................................................15
8. Capabilities ...............................................................................................16
9. Description of Services .............................................................................17
10. References .............................................................................................19
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5 RFQ 23-01
1. FIRM PROFILE
Engineering Elements is a full service consulting engineering firm founded in 2005 and located in
Fayetteville. Our firm offers mechanical, electrical, plumbing, fire protection and sustainable
design services for many different project types.
Our goal is to provide high quality engineering services in a timely manner for our clients. Close
personal attention to our projects is a hallmark for our firm and is accomplished through an
organizational structure that empowers each employee. Our clients appreciate the quality benefits
realized in working with our firm; where they’re not handed from department to department to get
their questions answered. Instead each employee is familiar with our organizational systems and
protocols, enabling quick and accurate responses to issues. Additionally, this “continuity of
service” naturally drives a high level of quality and commitment for our client’s interests – one we
intend to carry throughout the life of the project and beyond.
Finally, we understand communication and coordination to be the cornerstones of successful
projects. Our daily work involves close coordination with numerous and simultaneous project
partners where we rely on the best industry practices to ensure good project management.
Whether for your small or large projects, Engineering Elements is equipped and ready to deliver
quality engineering services.
2. PERSONNEL (Years of Experience)
Shane R. Lanning, P.E., CxA, LEED-AP BD+C (Mechanical/Electrical Engineer, 28 years)
Ryan D. McClain, P.E., CxA, LEED-AP O+M, CEM (Mechanical Engineer, 25 years)
Jacob D. Cersovsky (Electrical Engineer, 20 years)
Jeremy Hooe (Electrical Engineer, 10 years)
Nathan Blevins (Mechanical Engineer, 10 years)
Elizabeth Boone (Mechanical Engineer, 6 years)
Alissa Crossland (Mechanical Engineer, 22 years)
Josh Wright (Plumbing Designer, 8 years)
Ronald G. McClane (Mechanical Designer, 29 years)
Paul Priestner (Energy Audits, Commissioning, Construction Inspection, 30 years)
Collin Schoolcraft (Mechanical Engineer, 6 years)
Sam Ward (Construction Inspection, HERS Rating,
3. ACTIVE PROFESSIONAL ENGINEERING LICENSES
Arkansas, Missouri, Louisiana, Oklahoma, New Mexico, Texas, Nebraska, Kentucky,
Kansas, Colorado, Tennessee, Mississippi, Pennsylvania
4. PROFESSIONAL AFFILIATIONS
American Society of Heating, Refrigeration and Air Conditioning Engineers (ASHRAE)
American Society of Plumbing Engineers (ASPE)
National Fire Protection Association (NFPA)
Illuminating Engineering Society of North America (IESNA)
National Council of Examiners for Engineers and Surveying (NCEES)
Association of Energy Engineers (AEE)
AABC Commissioning Group (ACG)
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6 RFQ 23-01
5. INDIVIDUAL RESUMES
5.1. Shane R. Lanning, P.E., CxA, LEED-AP BD+C, President
PROFESSIONAL EXPERIENCE
2005 - Present President
Engineering Elements, PLLC
2009 - Present Partner
Pinnacle Energy Services, Inc.
1999 - 2005 Project Manager
Green Anderson Engineers, Inc.
1995 - 1999 Design Engineer
Geary Engineering, Inc.
PROFESSIONAL REGISTRATION
Registered Professional Electrical and Mechanical Engineer:
Arkansas, Oklahoma, Nebraska, New Mexico, Missouri, Pennsylvania,
Texas, Louisiana, Kentucky, Kansas, Colorado, Tennessee, Mississippi
Certified Commissioning Authority – AABC Commissioning Group
LEED-AP, Building Design & Construction
PROFESSIONAL AFFILIATIONS
American Society of Heating, Refrigeration and Air Conditioning Engineers (ASHRAE)
National Fire Protection Association (NFPA)
Illuminating Engineering Society of North America (IESNA)
The United States Green Building Council (USGBC)
AABC Commissioning Group (ACG)
National Council of Examiners for Engineering and Surveying (NCEES)
EDUCATION
Kansas State University
Bachelor of Science, Architectural Engineering
PROJECT EXPERIENCE
Fayetteville Public Library –
Fayetteville, AR:
First LEED registered project in
Arkansas. Facility was designed with
15,000 gallon cistern for reduced
lawn irrigation, dual fan, dual duct
HVAC system, lighting controls
featuring occupancy sensor and
security system interlock, daylight
harvesting, and green roof.
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7 RFQ 23-01
5.2. Ryan D. McClain, P.E., CxA, CEM, LEED-AP O+M, Vice President
PROFESSIONAL EXPERIENCE
2007 - Present Partner
Engineering Elements, PLLC
2009 - Present President
Pinnacle Energy Services, Inc.
2004 – 2007 Design Engineer, Project Manager
Green Anderson Engineers, Inc.
2001 - 2004 Quality Manager
Danaher Corporation
PROFESSIONAL REGISTRATION
Registered Professional Mechanical Engineer: Arkansas
LEED-AP, Existing Building Operation & Maintenance
Certified Energy Manager
Certified Commissioning Authority – AABC Commissioning Group (ACG)
PROFESSIONAL AFFILIATIONS
Building Commissioning Association (BCA)
American Society of Heating, Refrigeration and Air Conditioning Engineers (ASHRAE)
Association of Energy Engineers (AEE)
United States Green Building Council (USGBC)
Associated Air Balance Council Commissioning Group (ACG)
EDUCATION
University of Arkansas
Bachelor of Science, Mechanical Engineering
EXPERIENCE
University of Arkansas,
Campus Wide Energy Savings Program:
In a good example of his large-scale PM capability,
Ryan delivered Cx services for over 1.5 million
square feet of existing building space spread over
18 buildings on a major (Division 1) university
campus served by a district steam and chilled
water system. Mr. McClain spearheaded a multi-
party effort that successfully met a very aggressive
deadline for this project. The team was comprised
of a six-man Cx team aided by an estimated 30 to
40 other individuals that included members from the university’s facilities group, members from the ESCO
whose work was being commissioned (including their engineers, managers and technicians), the university’s on-
call controls contractor, and the project TAB firm.
Additionally, while most Cx work occurred during the summer months which benefited from light campus
activity, several of the buildings were designated by the owner as either highly sensitive occupancy types or
otherwise critical to the university’s daily operations including a chemical and biological engineering building,
and the campus’ central administration and commercial food service building. Mr. McClain coordinated closely
with the Cx team as well as individual building managers to carry out a phased commissioning plan that allowed
the facilities to maintain their on-going operations.
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8 RFQ 23-01
6. SPECIFIC PROJECT EXPERIENCE
Square Garden Lighting Project
Location:
Fayetteville, Arkansas
Owner:
City of Fayetteville, AR
Project Cost: Multiple
Completion Dates: 2008, 2009, 2013,2021,
Ongoing
Project Description:
This project consists of new street lighting and electrical system improvements for twelve
city blocks around the Square of Fayetteville. New street lighting and power for display,
marketing, Christmas decorations, etc. was provided along Block Avenue, East Avenue,
Center Street and Mountain Street. Lighting ordinances for the City of Fayetteville were
met.
In addition to the street lighting upgrades, the electrical systems for the interior of the city
square were upgraded. Low profile pathway lighting was added for the walking trail inside
of the Square. New electrical panels were placed at the four intersections of the Square
for Christmas lighting and also to accommodate vendors during the “Farmer’s Market”
events held twice weekly as the seasons allow. New street lighting and accent lighting
controls were condensed to one location on the Square. Conduits are roughed-in for
future expansion of the new electrical systems and street lighting.
Subsequent to this project we worked with the City of Fayetteville on a one mile trail
lighting project at Wilson Park and additional street lighting upgrades along College
Avenue and Dickson Street.
Additional Municipal Experience:
Springdale Fire Department Training Facility – Springdale, Arkansas
Remodels of Library, Community Building and Police & Courts – West Fork, Arkansas
Har-Ber, Butterfield, 48th, Jones’ and George’s Lift Stations – Springdale, Arkansas
Alma Police Station Remodel – Alma, Arkansas
Fort Smith Transit CNG Station – Fort Smith, Arkansas
Mud Creek Trail Lighting – Fayetteville, Arkansas
Emma Avenue Street Lighting – Springdale, Arkansas
Huntsville Fire Station – Huntsville, Arkansas
Elm Springs Road Street Lighting – Springdale, Arkansas
Pleasant Grove Road Street Lighting – Rogers, Arkansas
Tahlequah Police Station Remodel – Tahlequah, Oklahoma
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9 RFQ 23-01
McDonald Eye Associates
Location:
Fayetteville, Arkansas
Project Cost:
$4.0 million Total
Completion Date:
Winter 2018
Size:
18,600 square foot
Project Description:
This project consists of a new single-story medical office building in Fayetteville. This facility
will house medical office, exam, procedure and surgery suites. The building tenants
specialize in medical and surgical eye care for a variety of eye conditions and diseases
including glaucoma, corneal disease, and macular degeneration. There is also a complete
optical retail center located in the facility.
The plumbing fixtures throughout the facility are all sensor-activated, including flush valve
and faucet controls for restroom and surgery areas. The HVAC system consists of two
package rooftop variable air volume (VAV) air handling units. The units operate to maintain
positive and negative pressure control throughout the general office and exam areas relative
to the surgery center. Medium pressure supply ductwork is routed throughout all areas of the
facility with a low pressure ducted return system to each rooftop unit. All individual rooms
and areas are served with fan-powered VAV boxes with independent thermostat control. The
building HVAC system is monitored by central building automation system for energy and
programming control.
The lighting system features dual-technology occupancy sensor controls for all rooms. An
emergency generator system was provided for the building, allowing the building tenant
access to a central emergency power system as well as critical electrical systems for the
surgery center.
Additional Medical and Health Facilities:
McCurtain County Health Department – Idabel, Oklahoma
Cath Lab and Pet Scan Suites for Arkansas Heart Center – Conway, Arkansas
Mount Comfort Veterinary Clinic – Fayetteville, Arkansas
Advanced Dermatology and Skin Cancer Center, Fayetteville, Arkansas
Health and Wellness Center – Poteau, Oklahoma
Arkansas Hospice – Russellville, Arkansas
Mercy Physician’s Office Building – Fayetteville, Arkansas
Northwest Arkansas Pathology Lab Addition/Remodel – Fayetteville, Arkansas
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10 RFQ 23-01
Commerce Park II
Location:
Joyce Boulevard
Fayetteville, Arkansas
Owner:
Commerce Park, LLC
Project Cost:
$12.5 million Total
$1.85 million MEP
Completion Date:
May 2007
Project Description:
This project was a 60,000 square foot, four-story office building. It was designed to
accommodate high-end professional firms and businesses with intense IT/data requirements.
State-of-the-art audio/video systems are installed in the conference rooms on all floors. The
facility includes a four-story open atrium designed with fire/smoke control features. A custom
water fountain was designed for the entry lobby.
The plumbing fixtures throughout the facility are all sensor-activated, including flush valve
and faucet controls. The HVAC system consists of central variable air volume (VAV) rooftop
units and a medium pressure supply ductwork system. All individual offices are served with
fan-powered VAV boxes with independent thermostat control. The building HVAC system is
monitored by central building automation system for energy and programming control.
Special ventilation systems were included for the second floor tenant’s product review room.
A commercial kitchen hood is installed in the fourth floor tenant break room for catering
functions.
The entire building contains a central lighting control system. The lighting system features
dual-technology occupancy sensor controls as well as daylight harvesting features. An
emergency generator system was provided for the building, allowing each building tenant
access to a central emergency power system.
Additional Office and Retail Buildings:
Ozarks Electric Cooperative 4-Story Office Building – Fayetteville, Arkansas
Arkansas Valley Electric Cooperative 4-Story Office Building – Ozark, Arkansas
Moberly Professional Office Building – Bentonville, Arkansas
Tyson Foods Manufacturing & Automation Center – Springdale, Arkansas
Nelson’s Crossing Buildings 1, 2 and 3 – Fayetteville, Arkansas
Schlumberger Corporate Office Buildings – Conway, Arkansas and Cleburne, Texas
Honda of Russellville – Russellville, Arkansas
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11 RFQ 23-01
Mineral Springs High School
Location:
Mineral Springs,
Arkansas
Owner:
Mineral Springs Public
Schools
Project Cost:
$18 million
$5.1 million MEP
Completion Date:
Spring 2019
Size:
120,000 square foot total
27,600 square foot – Competition Gymnasium (1,500 person seating capacity)
Description of Facility:
This new high school includes 92,000 square feet of instructional space for 600 students.
The educational space includes 22 classrooms and two science laboratories. The school
also includes a library with self-contained computer lab, media production lab, instrumental
music room, choir room, parent center, career center, dining area loading dock and full
commercial kitchen.
HVAC Systems:
The building’s HVAC system includes a combination of split systems, ackaged rooftop units
and single zone variable air volume (VAV) units. A dedicated outdoor air system delivers
outdoor air to individual classrooms separately from the primary air conditioning system for
energy efficiency and scale. Carbon dioxide sensors in each classroom are interlocked with
dedicated variable air volume (VAV) boxes and a central VAV air handling unit. All exhaust
air exits the building through energy recovery ventilators to capture and/or reject energy to
reduce the building air conditioning energy consumption. A central building automation
system allows for central programming and control of all HVAC systems.
Additional Public Schools:
Prairie Grove Middle School – Prairie Grove, Arkansas
Mena High School – Mena, Arkansas
Palestine-Wheatley High School – Palestine, Arkansas
Nashville High School HPER Building – Nashville Arkansas
Charleston High School – Charleston, Arkansas
Cossatot River High School – Vandervoort, Arkansas
Lavaca High School – Lavaca, Arkansas
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12 RFQ 23-01
First Presbyterian Church
Location:
Harrison, Arkansas
Owner:
First Presbyterian Church
Project Cost:
$7.1 million Total
$1.43 million MEP
Completion Date:
June 2007
Size:
41,000 square foot
Description of Services:
This project consisted of a new Worship center for the First Presbyterian congregation in
Harrison, Arkansas. The facility includes a 9,000 square foot sanctuary, 11,600 square feet
of Sunday school classrooms, 10,050 square feet of office and administrative areas, and a
10,200 square foot Family Life Center. The facility includes a full time daycare facility for
children ages 0-5, a complete commercial kitchen, a full size basketball gymnasium and a
contemporary worship auditorium.
Both the sanctuary and contemporary worship auditorium feature state-of-the-art audio/video
systems. All rooms in the facility feature audio/video capabilities that can observe or listen to
the proceedings in either the sanctuary or worship center. Control rooms were provided in
both areas to allow complete control of all audio, video and lighting systems from a central
remote location.
The HVAC systems are controlled via a central building automation system (BAS). The BAS
is also integrated to allow control of various lighting systems in the facility as well as the
parking lot lighting.
Additional Religious Facilities:
Christ of the Hills United Methodist Church – Hot Springs Village, Arkansas
Northside Assembly of God Church – McAlester, Oklahoma
Discovery Church – Yukon, Oklahoma
Butterfield Assembly of God – Van Buren, Arkansas
Central Christian Church – Fort Smith, Arkansas
First Baptist Church – Farmington, Arkansas
First United Methodist Church – Springdale, Arkansas
First United Methodist Church – Siloam Springs, Arkansas
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13 RFQ 23-01
University of Arkansas,
Rice Research Extension
Center
Location:
University of Arkansas
Stuttgart, Arkansas
Project Cost:
$1,800,000 Total
Completion Date:
Summer 2018
Size:
5,000 square foot
Description of Services:
The new greenhouse, head house, crossing room, flowering room, and growth chambers
were built to expand the nationally recognized rice research program occurring at the
University’s Agricultural Experiment Station in Stuttgart. Specifically, these new facilities will
provide a research component in heat stress of rice crops associated with rising climate
temperatures and increased overnight heat stress on rice plants.
The building HVAC system consists of an evaporative cooling system with evaporative pad
walls, ventilation fans, chiller and pumps, roof mount shutters, shading curtains and boiler
with in-slab heating and unit heaters. All HVAC and lighting systems are controlled with a
central building automation system maintaining precise temperature, humidity, and light level
control during the duration of all research projects.
The lighting systems utilize high pressure sodium and metal halide lamping options for
lighting spectrum control. All fixtures are mounted to a motorized rigging system to allow
precise aiming and density control of the light output to match real world conditions. Each
light fixture is capable of independent operation as well as synchronized operation with
neighboring fixtures.
Additional University of Arkansas Projects:
Cralley-Warren Laboratory Remodel
Food Science Laboratory Addition
Food Science Sensory Lab and Classrooms
Residence Hall Remodels (Gregson, Pomfret and Futrall Halls)
Cotton Branch Research Facility – Marianna, Arkansas
Animal Diagnostics Laboratory
Chi Omega Greek Theater
University Gatehouse at Razorback Terrace
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United States Post Office, Carrier Annex
Location:
Taos, New Mexico
Owner:
USPS
Project Cost:
$2.4 million Total
$585,000 MEP
Completion Date:
November 2006
Size:
20,500 square foot
Description of Services:
This building houses a new carrier annex for the United States Postal Service. The building
is a 24 hour sorting and delivery facility for Taos, New Mexico and surrounding communities.
The building features a 6 bay loading dock for tractor trailer traffic and a 12,000 square foot
mail sorting facility.
The building construction met all aspects of Taos’ environmentally friendly building codes.
This included dark sky ordinances for exterior lighting, native landscaping with no domestic
irrigation systems, indoor occupancy lighting controls, and HVAC controls with economizer
features.
Design and construction services were completed ahead of schedule and within budget. The
design team was located in the state of Arkansas and the general contractor was located in
Oklahoma City, OK. Subsequent to this project we were given an additional project
consisting of the main post office remodel also in Taos.
Additional USPS Projects:
Process and Distribution Center – New Orleans, Louisiana
Dickson Street Remodel – Fayetteville, Arkansas
Human Resources Facility – Little Rock, Arkansas
Process & Distribution Center – North Little Rock, Arkansas
District Office – Little Rock, Arkansas
Main Post Office – Abita Springs, Louisiana
Mail Sorting Facility – Camden, Arkansas
Main Post Office and Carrier Annex – Taos, New Mexico
Main Post Office Remodel – Vinita, Oklahoma
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7. ADDITIONAL PROJECT EXPERIENCE
Municipal:
Fayetteville Public Library, Fayetteville, Arkansas
90,000 square foot 4-story library with 90,000 square foot 3-story parking garage. The
library is LEED silver certified.
Washington County Service Center – Fayetteville, Arkansas
Springdale Water Utilities Offices – Springdale, Arkansas
Booneville Public Library – Booneville, Arkansas
Wilson Park Trail Lighting – Fayetteville, Arkansas
Farmington City Hall and Fire Station – Farmington, Arkansas
Street Lighting Improvements – Fort Gibson, Oklahoma
Medical Buildings:
Mercy Health, Rogers, Arkansas
112,000 square foot, 4-story medical office building with Endoscopy, Neurology,
OB/GYN, Cardiovascular, Urology and Internal Medicine suites.
Lincoln Medical Education Foundation Child Observation Daycare, Lincoln, Nebraska
Dialysis Center of Lincoln, Lincoln, NE, Columbus, NE, and Beatrice, NE
Hawthorn Dental Clinic – Fayetteville, Arkansas
Pediatric Dental Associates – Fayetteville, Arkansas
Bise Plastic Surgery Center – Fort Smith, Arkansas
Holt-Krock Dialysis Center – Fort Smith, Arkansas
Assisted Living and Skilled Nursing Facilities:
River Hills Retirement Community and Alzheimer's Unit, Keokuk, Iowa
Assisted Living Community with two assisted living buildings, one Alzheimer’s Unit,
and a central community center (280,000 total square feet). HVAC systems consisted
of internal ground source heat pump units with an exterior 90 bore hole well field and
30-ton pond loop system.
Butterfield Trails Development Phase I and II – Fayetteville, Arkansas
Haven Manor Retirement Communities #7 and #8 – Lincoln, Nebraska
Illinois Health Care Centers – El Paso, IL, Galesburg, IL, and Toulon, IL
Circle of Life Hospice – Springdale, Arkansas
Reflections Memory Care – Fort Smith, Arkansas
Hazardous/Industrial:
Jones Street Lift Station – Springdale, Arkansas
FBO Corporate Hangar at Drake Field – Fayetteville, Arkansas
University of Arkansas Hangar at Drake Field – Fayetteville, Arkansas
Duncan Aviation Hazardous Fuel Storage Building – Lincoln, Nebraska
Folsom Children's Zoo Seal Exhibit – Lincoln, Nebraska
Applied Technologies Warehouse – Rogers, Arkansas
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8. CAPABILITIES
Hardware:
Engineering Elements maintains state-of the-art technical capabilities in terms of
computing power. Additionally, we are equipped with laptop computers and tablets
fully capable of delivering all our services in a remote platform. Plotting and scanning
capabilities include full color, full-scale, Architectural ‘E’ sized drawings on our in
house plotters and printers.
Software:
Software packages we utilize for technical analysis vary by need and include the
following:
Revit MEP 2023
AutoCAD MEP 2023
Trace 700 V6.1- Whole Building Modeling Software
ComCheck Plus – Commercial Energy Software (Test Conformance to ASHRAE
90.1)
ResCheck – Residential Energy Software (Test Conformance w/ Intl. Energy Code
& Model Energy Code)
Field & Testing Equipment:
Laser Infrared Thermal Gun for Temperature Measurement
Titanium Tetrachloride (TiCl4) Smoke Generator for detecting Air Flows, Air Leaks,
etc.
Temperature/Humidity Dataloggers
High Resolution Digital Cameras
Electronic Psychrometer
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9. DESCRIPTION OF SERVICES
The Engineering Elements Project Plan Approach
Communications
Engineering Elements will maintain regular communication between all parties
involved while performing engineering services. Upon delivery of new project
requirements and/or scope of work, Engineering Elements will coordinate with the
City’s representative to begin the design process. The exact requirements of the
project will be reviewed early in the process and decisions will be presented to the
City which affects design, aesthetics, and/or cost estimates.
Quality Assurance
Quality Philosophy: Engineering Elements believes quality to be integral to the
ongoing project design/construction process - not relegated to a single quality
check at the end of each project as an afterthought. As a daily effort quality
manifests through strong communication, organization, and design skills. By the
consistent use of these fundamental practices, quality is a natural outcome and the
defining feature of the product we ultimately deliver to our clients.
One example of our quality philosophy in practice is our “Single Point of
Contact” promise. Our clients can rest assured once having communicated a need
or issue to our firm that we will internally disseminate the information and likewise
consolidate responses back to our client. For The City of Fayetteville, Shane
Lanning, PE will serve in this capacity ensuring the consistent administration of
engineering services. Ryan McClain, PE will serve as an alternate contact when
Shane cannot be available due to extenuating circumstances. Finally, as we
understand a very reliable response level will be expected by the City, Engineering
Elements will ensure ALL office personnel will be familiarized with the overall
project scope and protocols in order to deliver the highest level of service to all
parties involved.
File Organization: Engineering Elements employs the best industry practices for
record keeping and communications. All project files are maintained both digitally
and physically with digital files “backed-up” every day to ensure no loss of data.
Electronic information for all projects for the City of Fayetteville will be organized
and stored using consistent formats to ensure file integrity and enable efficient
access of information.
Engineering Design Activities
Design Philosophy: Effective engineering design involves several phases
including Schematic Design, Design Development, Construction Documents,
Contract Administration, and Owner Occupation. Engineering Elements proposes
to use these phases in organizing each City project and will refer to them by name
in reporting, to identify when milestones are achieved and will offer details of
activities associated with each of the phases.
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Schematic Design and Design Development – Prior to beginning any
engineering design or going on-site to perform a “Walk-Through” of a facility,
Engineering Elements will organize and analyze the following information in order
to make the on-site work more productive:
Project kickoff and program verification
Conceptual design
Conceptual design review
Determine types of construction
Identify major equipment pieces
Determine preliminary sizing and load calculations
Identify potential energy and cost saving opportunities
Define the project (Scope, Features, Purpose, and Functionality)
Design alternatives or Scope reduction
Construction Documents – After design development is complete, Engineering
Elements will complete production drawings and written specifications for the
engineering design. Elements in this phase include:
Providing shape to the City’s project vision.
Defining specific construction materials and methods
Specification of mechanical and electrical equipment
Clarity and Completeness of construction bid documents
Identification of construction schedule impacts
Verification that construction budget is maintained
Owner review prior to contractor delivery
Potential for early demolition
Record necessary Performance Measurements (Temperature, Flow, Pressure,
etc)
Construction Observation – After construction documents have been reviewed
and approved by the City, the documents will be assembled into a bid package for
distribution to potential contractors for pricing. The objective of this phase is to
construct the project to drawings and specifications at the quality level included in
those documents, within the construction budget, meeting the construction
schedule, and adhering to the Owner’s project scope. The following elements are
associated with this phase of work:
Clarification of bidding questions
Facilitating pre-construction meeting with Owner, contractor and design team
Conducting regular construction meetings if appropriate
Reviewing and commenting on shop drawings and submittals
Site inspections at regular intervals
Reviewing project O&M manuals
Establishing punch list prior to substantial completion
Verification that punch list items are identified and completed
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10. REFERENCES
Architects
Architecture Plus, Inc., Michael Johnson, Architect, (479) 783-8395
KSA Architects, Garth Hudgins, Owner & Architect, (479) 521-7794
Key Architects, James Key, Owner & Architect, (479) 444-6066
ParkCo. Architects, Bret & Stacey Park, Owners & Architects (479) 527-6465
Crafton, Tull & Associates, Wes Burgess, Architect, (479) 636-4838
Contractors
Johnson Mechanical Inc., Stan Johnson, Owner, (479) 442-5287
Multi-Craft Contractors, Inc., Michael Jones, Project Manager, (479) 751-7411
Professional Air Systems, Bill Minchew, Owner, (479) 871-2114
Fayetteville Mechanical Contractors, Brent Morrow, Owner, (479) 521-4215
Kimbel Mechanical Contractors, Gene Dresel, (479) 756-1099
Equipment Providers
Harrison Energy Partners, Jim Bradford, Senior Sales Manager, (479) 361-2030
Hambrick Ferguson Inc., John Hambrick, Owner, (918) 629-5684
Utilities
Black Hills Energy, Marshall Moody, Energy Consultant, (479) 582-8398
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Beilfuss, Amanda
From:Shane Lanning <SLanning@eemep.com>
Sent:Monday, February 27, 2023 4:20 PM
To:Beilfuss, Amanda
Subject:RE: RFQ 23-01, Engineering & Architectural Services
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
Amanda,
Engineering Elements acknowledges the addendums issued for RFQ 23‐01.
Shane Lanning
From: Beilfuss, Amanda [mailto:abeilfuss@fayetteville-ar.gov]
Sent: Monday, February 27, 2023 4:16 PM
To: Shane Lanning
Cc: Beilfuss, Amanda
Subject: RFQ 23-01, Engineering & Architectural Services
Good afternoon,
We are currently reviewing statements of qualification received for RFQ 23‐01, Engineering & Architectural Services. We
noticed Engineering Elements did not acknowledge either of the addendum. Can you provide in writing (replying to this
email will work) that Engineering Elements acknowledges the addendums that were issued?
Thank you,
Amanda Beilfuss
Sr. Purchasing Agent
Purchasing Division
113 W. Mountain St.
City of Fayetteville, Arkansas 72701
abeilfuss@fayetteville‐ar.gov
T 479.575.8220 | F 479.575.8257
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