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HomeMy WebLinkAbout218-24 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 218-24 File Number: 2024-428 OLSSON ENGINEERING (SERVICE CONTRACT): A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES CONTRACT WITH OLSSON ENGINEERING IN THE AMOUNT OF $90,720.00 FOR THE DESIGN OF GRADING AND REMEDIATION WORK ASSOCIATED WITH DECOMMISSIONING AND ENVIRONMENTAL CLEANUP OF THE OLD POLICE DEPARTMENT SHOOTING RANGE, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $9,072.00 WHEREAS, prior to the recent opening of the new headquarters, the Police Department had used an outdoor shooting range located behind the City's Recycling and Trash Collection Division facility for many years; and WHEREAS, in 2017, soil lead testing was completed and contamination was identified in an earthen embankment that was used as the backstop at the shooting range which is only 200 feet from the West Fork of the White River; and WHEREAS, the Recycling and Trash Collection Division proposes to remediate the site so that it can be used as part of their compost and storage facilities. 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 engineering services contract with Olsson Engineering the amount of $90,720.00 for the design of grading and remediation work associated with decommissioning and environmental cleanup of the old Police Department shooting range, and further approves a project contingency in the amount of $9,072.00. PASSED and APPROVED on September 3, 2024 Page 1 Attest: �.�``1%1 114 �Eq 14. Kara Paxton, City C erk Treasurer .• Q _` RKAC1 �•.�J�� IV i i �0N %`��`� CITY OF FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 3, 2024 CITY COUNCIL MEMO 2024-428 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff FROM: Peter Nierengarten, Environmental Director SUBJECT: A resolution to authorize a contract with Olsson Engineering for $90,720 for the design of grading and remediation work associated with decommissioning and environmental cleanup of the old Police Department shooting range and approving a ten percent (10%) project and contract contingency. RECOMMENDATION: Staff recommends the approval of a contract with Olsson Engineering for the development of grading and remediation design work associated with decommissioning and environmental cleanup of the old Police Department shooting range BACKGROUND: Prior to the recent opening of their new headquarters, the Fayetteville Police Department had been using an outdoor shooting range located behind the Fayetteville Recycling and Trash Collections facility for many years. In 2017 soil lead testing was completed and contamination was identified in an earthen embankment that was used as the back stop at the shooting range. The West Fork of the White River is located approximately 200 ft beyond the back stop. In 2023 the Fayetteville Police Department discontinued use of this shooting range when they relocated to their new headquarters. The Fayetteville Recycling and Trash Collections Division seeks to remediate the site so that it can be used as part of their compost and storage facilities. DISCUSSION: In January 2024, Olsson Engineering and FTN Associates were selected for interviews for the design of remediation work at the old Police Department shooting range as part of RFQ 23-01. Ultimately the selection team narrowly selected FTN Associates to complete the design, but subsequently FTN and Olsson Engineering merged under the Olsson name. The design work associated with the decommissioning and environmental cleanup of the old Police Department shooting range includes soil lead remediation, design, bidding, construction oversight, post cleanup documentation and post cleanup site grading design. Prior to the start of design, additional soil lead testing and analysis will be required to determine the full area of contamination and to determine if the material to be removed is considered hazardous; soil lead testing will also be required as part of post clean up analysis. Design/bidding will include mapping the required remediation work area, providing a detailed narrative description of required remediation work, and providing bid quantities of material to be treated or removed. Post clean up documentation will include final soil lead testing results and certification that the site is ready for repurposing. Final grading will be designed to meet specified Recycling and Trash Collections Division reuse Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 needs. Remediation work and post cleanup documentation will be in accordance with all applicable state and federal laws. BUDGET/STAFF IMPACT: The project cost is $90,720 plus a 10% project contingency. Sufficient funds have been budgeted in the 2024 CIP. ATTACHMENTS: SRF (#3), RFQ 23-01, Sel. 9 - Contract - Signed Final (#4), RFQ 23-01, Sel. 9 - Appendix A - Scope of Work - Final (#5), RFQ 23-01, Sel. 9 - Appendix B - City Issued RFQ (#6), RFQ 23-01, Sel. 9 - Appendix C - FTN Associates Submittal (#7), RFQ 23-01 Sel. 9 - Appendix D - Certificate of Insurance (#8), RFQ 23-01 Sel. 9 - Appendix E - FTN Assignment Letter (#9) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2024-428 A resolution to authorize a contract with Olsson Engineering for $90,720 for the design of grading and remediation work associated with decommissioning and environmental cleanup of the old Police Department shooting range and approving a ten percent (10%) project and contract contingency. A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES CONTRACT WITH OLSSON ENGINEERING IN THE AMOUNT OF $90,720.00 FOR THE DESIGN OF GRADING AND REMEDIATION WORK ASSOCIATED WITH DECOMMISSIONING AND ENVIRONMENTAL CLEANUP OF THE OLD POLICE DEPARTMENT SHOOTING RANGE, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $9,072.00 WHEREAS, prior to the recent opening of the new headquarters, the Police Department had used an outdoor shooting range located behind the City's Recycling and Trash Collection Division facility for many years; and WHEREAS, in 2017, soil lead testing was completed and contamination was identified in an earthen embankment that was used as the backstop at the shooting range which is only 200 feet from the West Fork of the White River; and WHEREAS, the Recycling and Trash Collection Division proposes to remediate the site so that it can be used as part of their compost and storage facilities. 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 engineering services contract with Olsson Engineering the amount of $90,720.00 for the design of grading and remediation work associated with decommissioning and environmental cleanup of the old Police Department shooting range, and further approves a project contingency in the amount of $9,072.00. Page 1 City of Fayetteville Staff Review Form 2024-428 Item ID 9/3/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Peter Nierengarten 8/8/2024 RECYCLING/TRASH COLLECTION (750) Submitted By Submitted Date Division / Department Action Recommendation: Approval of a resolution to authorize a contract with Olsson Engineering in the amount of $90,720.00 plus a ten percent (10%) project contingency for the design of grading and remediation work associated with decommissioning and environmental cleanup of the old Police Department shooting range and approval of a budget adjustment. 4470.090.8900-5 314.00 Account Number 24004.1 Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? Yes Budget Impact: Sales Tax Capital Improvements Fund Old PD Firing Range - Decommission Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 100,000.00 $ 100,000.00 $ 99,792.00 208.00 V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Item cost includes 10% contingency. Approval Date: Contract for Professional CITY OF Engineering/Architectural Services FAYETTEVILLE Selection #9 — Old PD Shooting Range Remediation IARKANSAS Engineer/Architect: Olsson Term: Single Project THIS AGREEMENT (Contract) is executed this 3 day of September , 2024, by and between the City of Fayetteville, Arkansas acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE or CITY) and Olsson (hereinafter called Engineer/Architect or Olsson). CITY OF FAYETTEVILLE from time to time requires professional Engineering and/or Architectural services in connection with the evaluation, design, construction drawings, bidding, and/or construction observation of capital improvement projects. Therefore, CITY and Olsson in consideration of their mutual covenants agree as follows: Olsson 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 licensed 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 expressly provided herein. This agreement may be modified only by a duly executed written instrument signed by the CITY and Olsson. a. Appendices included under this agreement include the following and shall govern in the following order. Contract language in this document shall 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: Olsson's Response to RFQ 23-01 iv. Appendix D: Olsson's Certificate of Insurance v. Appendix E: Documentation of FTN Associates, Ltd. Acquisition 3. Notices: Any notice required under this Agreement shall be in writing, address to the appropriate party at the following addresses: a. City of Fayetteville: Attention: Mayor Lioneld Jordan, 113 W. Mountain, Fayetteville, AR 72701 b. Olsson: Attention: Curtis Nunn, PG, 3537 North Steele Boulevard, Suite 310, Fayetteville, AR 72703 4. Fees, Expenses, and Payments: a. The total amount authorized for this agreement is $90,720 plus any reimbursable expenses attributed to the project. Progress payments shall be paid to Olsson as described in Appendix A. b. Olsson shall track, log, and report hours and expenses directly related to this Agreement. Invoices shall be itemized by phase. Invoice and payment requests shall not exceed the percentage of work completed as defined by Appendix A. RFQ 23-01, Engineering & Architectural Services — Selection 9 Old PD Shooting Range Remediation — Olsson 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 Olsson in writing 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 Olsson's normal billing schedule. Once established, the billing schedule shall be maintained throughout the duration of the Project. Invoices shall be made in accordance with a format to be developed by Olsson 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, Olsson 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 Olsson 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 Olsson 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 Olsson 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, Olsson will not receive a fee for work associated with the Change Order. 9. Insurance: Olsson shall furnish a certificate of insurance addressed to the CITY OF FAYETTEVILLE, showing coverage 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, Olsson 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, Olsson 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. Olsson 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. b. Subconsultants shall maintain reasonable insurance including but not limited to worker's compensation, auto as applicable, general liability, errors and omissions, etc. RFQ 23-01, Engineering & Architectural Services — Selection 9 Old PD Shooting Range Remediation — Olsson 10. Professional Responsibility: Olsson 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 Olsson any defects or suspected defects in services of which CITY OF FAYETTEVILLE becomes aware, so Olsson can take measures to minimize the consequences of such a defect. CITY OF FAYETTEVILLE retains all remedies to recover for its damage caused by any negligence of Olsson. 11. Responsibility of the City of Fayetteville: CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of Olsson: a. Provide full information as to the requirements for the Project. b. Assist Olsson by making available all available information pertinent to the assignment including previous reports and any other data relative thereto. c. Assist Olsson 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 Olsson and render in writing decisions pertaining thereto. e. Review all documents and provide written comments to Olsson in a timely manner. f. The City of Fayetteville Sustainability Director is the project representative with respect to the services to be performed under this Agreement. The Sustainability 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 Olsson relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, cost estimating, and operating results are based on Olsson's experience, qualifications, and judgment as a design professional. Since Olsson 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, Olsson does not guarantee that actual rates, costs, performance, schedules, and related items will not vary from cost opinions and projections prepared by Olsson. 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. Olsson 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 affected unless the other party is given: i. Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, ii. An opportunity for consultation with the terminating party prior to termination. RFQ 23-01, Engineering & Architectural Services — Selection 9 Old PD Shooting Range Remediation — Olsson b. This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its convenience, provided that Olsson 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 Olsson at the time of termination may be adjusted to cover any additional costs to CITY OF FAYETTEVILLE because of Olsson's default. d. If termination for default is affected by Olsson, 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 Olsson for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by Olsson relating to commitments which had become firm prior to the termination. e. Upon receipt of a termination action, Olsson 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 Olsson 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 Olsson to fulfill contractual obligations, it is determined that Olsson 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 Olsson are suspended or delayed by CITY OF FAYETTEVILLE or by other events beyond reasonable control, Olsson shall be entitled to additional compensation and time for reasonable documented costs actually incurred by Olsson in temporarily closing down or delaying the Project. b. In the event the services are suspended or delayed by Olsson, 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: Olsson's services shall be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the benefit of any other persons or entities. 17. Dispute Resolution a. Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between CITY OF FAYETTEVILLE and Olsson which arise from, or in any way are related to, this Agreement, including, but not limited to the interpretation of this Agreement, the enforcement of its terms, any acts, errors, or RFQ 23-01, Engineering & Architectural Services — Selection 9 Old PD Shooting Range Remediation — Olsson omissions of CITY OF FAYETTEVILLE or Olsson 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 Olsson 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 Olsson 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 Olsson 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 Olsson for services rendered by Olsson. 19. Publications: Recognizing the importance of professional development on the part of Olsson's employees and the importance of Olsson's public relations, Olsson's may prepare publications, such as technical papers, articles for periodicals, promotional materials, and press releases, in electronic or other format, pertaining Olsson's services for the Project. Such publications will be provided to CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and provide CITY OF FAYETTEVILLE's comments to Olsson, 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 Olsson's activities pertaining to any such publication shall be for Olsson's account. 20. Indemnification: Olsson 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 Olsson's capacity as an Engineer/Architect, and caused by any willful or negligent error, omission, or act of Olsson or any person employed by it or anyone for whose acts Olsson is legally liable. 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. RFQ 23-01, Engineering & Architectural Services — Selection 9 Old PD Shooting Range Remediation — Olsson 25-19-101 et. Seq.). Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance. 22. Debarment Certification: Olsson 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. Olsson 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. Olsson 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 Olsson as part of the Work shall become the property of CITY OF FAYETTEVILLE when Olsson has been compensated for all Services rendered, provided, however, that Olsson shall have an unrestricted perpetual license right to their use. Olsson 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 Olsson. c. Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced. Olsson 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 Olsson 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. Olsson shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF FAYETTEVILLE caused by Olsson's negligent performance, except beyond the Olsson 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. Olsson's obligations under this clause are in addition to Olsson's other express or implied assurances under this Agreement or State law and in no way diminish any other rights that CITY OF FAYETTEVILLE may have against Olsson for faulty materials, equipment, or work. 25. Audit and Access to Records: a. Olsson 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. RFQ 23-01, Engineering & Architectural Services — Selection 9 Old PD Shooting Range Remediation — Olsson b. Olsson shall also maintain the financial information and data used by Olsson 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. Olsson 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 Olsson; 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. Olsson 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 Olsson 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 Olsson or any of Olsson's 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 Olsson terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and remedies that the law or this Agreement provides. However, the existence of the facts on which CITY OF FAYETTEVILLE bases such finding RFQ 23-01, Engineering & Architectural Services — Selection 9 Old PD Shooting Range Remediation — Olsson 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 Olsson as it could pursue in the event of a breach of the Agreement by Olsson. 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 Olsson incurs in providing any such gratuities to any such officer or employee. 28. Clarification and Understanding of all parties: Olsson shall not assign its duties under the terms of this agreement without prior written consent of the City. Subconsultants identified in Olsson's response shall be permitted as being referenced herein. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and OLSSON, by its authorized officer have made and executed this Agreement as of the day and year first above written. 0 LSSON By: CURTIS NL ��O``��K•!• T RED FAYETTEVILL:.. _ Kara Paxton, City Cler Treasurer '.,9'•.RKAN"P•J=.� Date Signed: 09/03/2024 Date Signe RFQ 23-01, Engineering & Architectural Services — Selection 9 Old PD Shooting Range Remediation — Olsson APPENDIX A — SCOPE OF WORK & FEES PROFESSIONAL SERVICES FOR RFQ 23-01, Selection #9 OLD PD SHOOTING RANGE REMEDIATION 1. SCOPE OF WORK Olsson shall perform the following, including but not limited to, providing soil lead remediation design, preparing bidding documents, construction oversight, post cleanup documentation, and post cleanup site grading design. Prior to the start of design, additional soil lead testing and analysis will be required to determine the full area of contamination and to determine if the material to be removed is considered hazardous; soil lead testing will also be required as part of post clean up analysis. Design and bidding should include mapping the required remediation work area, providing a detailed narrative description of required remediation work and providing bid quantities of material to be treated or removed. Bid documents should be prepared in accordance with and in coordination with the Fayetteville Purchasing Division bid specifications. Post clean up documentation should include final soil lead testing results and certification that site is ready for reuse. Final grading shall be designed to meet specified Recycling and Trash Collections Division reuse needs. Remediation work and post cleanup documentation shall be in accordance with all applicable state and federal laws. A. Phase 1- Remediation i. Task 1— Site Characterization Sampling and Analysis: Soil sampling and analysis for lead content will be conducted to determine the full area of contamination and to determine if the material to be removed is considered hazardous. Soil samples will be collected as follows: 1. At a background location unimpacted by shooting range activities (Area A-1 sample 0-1 ft below ground surface [bgs]). 2. Soil beneath the range floor asphalt cover (Area B - 6 locations with sample depths 0-1 ft bgs and 1-2 ft bgs at each location). 3. Areas of the backstop berm previously indicated as receiving fire and adjacent areas (Area C - —6 locations with sample depths 0-1 ft and 2-3 ft into the berm face at approximately 3-5 ft above the range floor). 4. Soils behind backstop berm areas previously indicated as receiving fire to evaluate possible overshot impacts (Area D — 3 samples 0-1 ft bgs). Samples will be analyzed for lead using EPA Method 6010B by an Arkansas licensed laboratory (anticipated Pace Analytical). Sample results will be compared to EPA Regional Screening Levels for Industrial Soils and EPA Toxicity Characteristic Leaching Procedure (TCLP) limits (using a standard 20X dilution factor to estimate TCLP concentrations from total metals analysis results) to identify regulatory exceedances and areas of needed remediation. ii. Task 2 — Remediation Design: Based on an evaluation of the results of the site characterization and discussions with Client preferences, a remediation strategy will be recommended for contaminated soils with regulatory exceedances. General characteristics of the shooting range (size, layout, duration of use, etc.) indicate likely remediation design options may include soil excavation, lead RFQ 23-01, Engineering & Architectural Services — Selection 11 Appendix A —Scope of Work & Fees Page 1 of 9 particle removal and recycling, in situ treatment of remaining contaminated soil, or some combination thereof. All recommended remediation activities will be consistent with EPA's Best Management Practices for Lead at Outdoor Shooting Ranges (EPA-902-B-01-001, June 2005). iii. Task 3 — Prepare Bidding Documents: Design and bidding documents will include mapping the required remediation work area, a detailed narrative description of remediation work, and bid quantities of material to be treated or removed. Bid documents will be prepared in accordance with and coordinated with the Fayetteville Purchasing Division bid specifications. The specifications shall not contain contracts, bid forms, bidding instructions, General or Supplementary Conditions, or other documents typically included when the project will be competitively bid. iv. Task 4— Post-Remediation Confirmation Sampling and Analysis: Post-remediation confirmation soil sampling and analysis will be conducted to document the effectiveness of remediation activities. Based on anticipated remediation alternatives, one soil sample will be collected from every approximately 100 cubic yards of remediated material (preliminarily estimated at 1,200 cubic yards) for laboratory analysis of TCLP lead by EPA Method 1311 to confirm results are below regulatory limits. v. Task 5 — Remediation Oversight: Assuming all remediation activities will be conducted at the site and anticipated remediation approaches are utilized, Olsson personnel will coordinate, observe, and document on -site remediation activities. vi. Task 6 — Post-Remediation Documentation: A summary report will be prepared to document remediation activities. The report will include tabulated data, maps, soil sample laboratory analysis results, sample results evaluation and discussion, and certification that the site is ready for reuse. B. Phase 2 - Survey i. Task 1—Topographic Survey: 1. Olsson will perform and prepare a Topographic Survey of the subject property located at 1708 S. Armstrong Ave (Parcel ID 765-19943-000 & 765-1944-000), in the City of Fayetteville, Washington Co, Arkansas, to support subsequent project phases. 2. The Topographic Survey shall be based on NAVD 1988 for the vertical datum and the horizontal datum based on the State Plane Coordinate System, Arkansas North Zone, NAD 1983. The survey will depict contours at a 1' vertical interval, all physical improvements including buildings, driveways, fencing, and visible above ground utilities. Underground utilities will also be depicted, if located and marked by Arkansas One -Call (Arkansas 811). Survey will include top of water elevation of onsite pond but does not include any topography under the pond. 3. Utility locations will be mapped based on visible above ground and marked underground utilities only. Utility depths will not be obtained or indicated on the survey. Survey work of underground utilities will consist of tracing the flags and paint markings as marked by Arkansas One -Call. City of Fayetteville understands and acknowledges that utility mapping is not exact, and it is possible that not all utility lines will be located. Olsson is not responsible for mis-marked or unmarked utilities. RFQ 23-01, Engineering & Architectural Services — Selection 11 Appendix A —Scope of Work & Fees Page 2 of 9 C. Phase 3 — Floodplain Modeling i. Task 1— Data Gathering and Processing: 1. Olsson will obtain publicly available LiDAR data for the Project area and will process the data in preparation for development of hydrologic and hydraulic modeling and floodplain mapping. 2. Olsson will utilize the effective hydrologic and hydraulic modeling for West Fork White River from the FEMA Engineering Library, if available. Olsson will review the effective modeling to confirm that it matches what is shown in the effective Flood Insurance Study information for Washington County, Arkansas. If effective hydrologic and hydraulic models are not available at the time of this analysis, Olsson will create replica hydrologic and hydraulic modeling for the Project area using FEMA Standards and Technical Reference guidelines. 3. The Project area for this hydraulic analysis will be from Dead Horse Mountain Road (downstream) to a point immediately downstream of Washington County Road 57 (S. Black Oak Road) (upstream). The Project area for the hydrologic analysis will be all areas that drain to Dead Horse Mountain Road. If collection of additional data to extend the model beyond the proposed Project extent or processing of additional datasets is required, these tasks will be considered Additional Services and may extend the timeline. 4. Proposed development plans and concepts will be provided by the Client. If information is not provided, Olsson will make simplified assumptions to the development conditions to examine for possible No Adverse Impact conditions. Any information received shall be provided in Autodesk AutoCAD DWG format or PDF format. 5. Site survey data collected for this project (Phase 2) may be utilized, if appropriate, to supplement the Effective Model and topographic data. ii. Task 2 —Hydrologic Analysis: 1. Upon completion of this review, Olsson will make updates to the effective hydrologic model, where necessary, to develop a proposed conditions model. If no hydrologic model is available, Olsson will create a replica hydrologic model using FEMA Standards and Technical Reference guidelines. Updates to the hydrologic modeling may include, but are not limited to development and subdivision of hydrologic parameters, such as land use parameters, times of concentration, etc. 2. If there is No Adverse Impact to the hydrologic discharges (e.g., no increase in reported flows), Olsson will continue to the hydraulic analysis. If a No -Adverse -Impact condition is not achieved, Olsson will perform up to one additional model scenario in an attempt to meet a No -Adverse -Impact condition. If additional modeling scenarios, outside of the additional scenario run listed above, are required, these tasks may be performed as Additional Services. iii. Task 3— Hydraulic Analysis: 1. Olsson will review the effective one-dimensional (1D) hydraulic model obtained in Task 302. Upon completion of this review, Olsson will make updates to the effective 1D RFQ 23-01, Engineering & Architectural Services — Selection 11 Appendix A — Scope of Work & Fees Page 3 of 9 hydraulic model, where necessary, to develop a Duplicate Effective Model and Corrected Effective/Existing Conditions Model. These updates may include, but are not limited to: ■ Update to USACE's HEC-RAS (Version 6.x) program. ■ Review and update as needed, Manning's "n" roughness coefficients. ■ Develop additional model cross sections to reflect the Project area, as deemed appropriate. ■ Incorporation of any survey or topographic data deemed necessary for modeling the Project area. 2. Once developed, Olsson will use a copy of the Corrected Effective model and modify the geometry to develop a Proposed Conditions Model, representing the proposed development. The results of this Proposed Conditions Model will be compared against the results of the Corrected Effective model to determine if the development creates an adverse impact on neighboring properties. 3. If a No -Adverse -Impact condition is achieved, Olsson will proceed to Task 4. If a No - Adverse -Impact condition is not achieved, Olsson will perform up to two (2) additional model scenarios to meet a No -Adverse -Impact condition. If additional modeling scenarios, outside of the two (2) scenario runs listed above are required, these tasks may be performed as Additional Services. 4. As part of this task, Olsson will perform calculations to determine the amount of fill being placed into the floodplain to determine the compensatory storage requirements. Olsson will also assist in identifying proposed areas that can be used to offset this storage requirement. iv. Task 4 — Reporting: If a No -Adverse -Impact condition is achieved, Olsson will finalize and prepare a short report with supporting documentation for submittal to the Client, describing the methods used and results determined in this analysis. If required, Olsson will address up to one (1) set of comments provided by the Client within two (2) weeks after receipt. After addressing comments, Olsson will finalize the No -Adverse -Impact documentation. This scope of work includes one conference call, if required, with the Client to discuss the results of the Project. If requested, additional meetings can be performed as Additional Services. D. Phase 4 —Grading Design Development Task 1 — Conceptual Grading Design: Olsson will utilize results of floodplain modeling and site survey data to develop a grading plan to maximize the area at the facility that can be elevated above the 100-year floodplain for use in facility operations. The grading plan will depict the final surface elevations required to raise portions of the project area out of the FEMA-defined 1 percent annual chance floodplain. The conceptual grading design will consist of 2-3 iterations of grading design for the specified area. Olsson will prepare a set of conceptual drawings and meet with the City of Fayetteville to discuss. The City of Fayetteville will provide written feedback for plan refinement. Olsson will make the plan refinements based on input and present to the City of Fayetteville. This assumes three Quantity Takeoff Exercises to reduce cut/fill dirt work across the planned grading area. RFQ 23-01, Engineering & Architectural Services — Selection 11 Appendix A —Scope of Work & Fees Page 4 of 9 ii. Task 2 — Grading Concept Design Meetings: This phase includes the following meetings: 1. One (1) Concept Review Meeting 2. One (1) Final Concept Review Meeting E. Phase 5 — Construction Documents i. Task 1 — Civil Grading Design: It is anticipated that the project drawings shall consist of the following: 1. Demolition Plan — Olsson shall prepare demolition plans to identify and describe existing structures, utilities, and misc. site features to be removed. Olsson assumes owner will provide requirements for any special structure abatement that may be identified. 2. Site Plan — Shall include general notes, lot information, and other miscellaneous information required to properly locate and describe the development. 3. Grading Plan — Shall include general notes, location of erosion control methods, temporary access locations, temporary staging area locations and other information required by the local government. Included with this task is preparation of the city grading permit in addition to a Notice of Coverage and initial SWPPP plan in accordance with Arkansas Department of Energy and Environment Division of Environmental Quality (DEQ) requirements. 4. Erosion Control Plan — Shall include general notes location of erosion control methods, temporary access locations, temporary staging area locations and other information required by the local government. Included with this task is preparation of the city grading permit in addition to a Notice of Coverage and initial SWPPP plan in accordance with Arkansas Department of Energy and Environment Division of Environmental Quality (DEQ) requirements. All application fees and security agreements to be provided by the City of Fayetteville. Olsson assumes SWPPP to be maintained, updated, and implemented by the selected Contractor or City of Fayetteville. 5. Specifications — Olsson shall prepare specifications to meet design requirements. Olsson shall prepare specifications pertaining to Olsson designed elements only along with pavement design specifications. ii. Task 2 — Pad Rehabilitation Design & Driveway Extension: As part of the design process, Olsson shall provide final construction drawings to include city details and specifications for the following. This task is limited to the replacement/repair of two (2) sections of the existing concrete pad as well as the addition of an 18'-wide by approximately 50'-long driveway extension. 1. Demolition Plan — Olsson shall prepare demolition plans to identify and describe existing structures, utilities, and misc. site features to be removed. Olsson assumes owner will provide requirements for any special structure abatement that may be identified. 2. Site/Grading Plan —Shall include general notes, building locations, sign locations, and other miscellaneous information required to properly locate and describe the improvements, as well as proposal and existing contours, vertical control information, and spot grades. F. Phase 6 — Construction Phase Services RFQ 23-01, Engineering & Architectural Services — Selection 11 Appendix A —Scope of Work & Fees Page 5 of 9 i. Task 1— Limited Construction Administration: These services are assumed to include but are not limited to: 1. Review of shop drawings 2. Assist in construction meetings 3. Review and coordinate with the Purchasing Division to respond to RFI's, and 4. Construction site visits ■ it is anticipated that we will have a maximum of two site visits at one hour each and one construction meeting at one -hour total. Any additional meetings after will also be billed at an hourly rate as necessary. G. Phase 7 — Industrial Stormwater Pollution Prevention Plan Revisions i. Task 1—Stormwater Pollution Prevention Plan Uodate: 1. Following completion of the grading and compost pad improvements, Olsson will conduct a site visit to observe the site changes. The information gathered in the site visit will be used to update the facility's existing industrial Stormwater Water Pollution Prevention Plan (SWPPP). A draft of the revised SWPPP will be submitted to the Client for review. Olsson will make appropriate revisions to the draft SWPPP based on comments received from the Client. A digital copy of the finalized SWPPP will be provided to the Client. If required, this task also includes preparation and submittal of an outfall modification form to DEQ. 2. This task assumes the SWPPP was previously modified to comply with the 2024 DEQ industrial general permit for stormwater discharges and an editable version of the current SWPPP and site map will be provided to Olsson by Client. Additionally, while not anticipated, this task does not include payment of any permitting or application fees to DEQ. 2. ASSUMPTIONS: A. Contamination associated with the shooting range is limited to lead in soil. B. Army Corps of Engineering Jurisdictional Water Determination will not be required. C. Section 404 Permitting and Section 401 Water Quality Certification will not be required. D. No permitting or application fees are required. E. One (1) set of construction documents for the entire project will be required and separate packages for phasing purposes or alternate bids will not be required. F. All proposed changes for modeling scenarios will be outside the Streamside Protection Zone buffers. G. The tree protection ordinance will not affect planning for compensatory storage options. H. No compensatory storage from adjacent and upstream reaches of the White River can be utilized for the Compost Facility area. I. No coordination, preparation, or submittal of any specific drainage reports, any State or Federal permits, or floodplain development permits to local, state, or federal agencies that may have a regulatory jurisdiction over the Project area, such as the Arkansas Natural Resources Division, USACE, FEMA, etc., will be required unless identified in the Project scope specifically. RFQ 23-01, Engineering & Architectural Services — Selection 11 Appendix A —Scope of Work & Fees Page 6 of 9 3. FEE/COST STRUCTURE: A. The total amount authorized for this agreement is $90,720 plus any reimbursable expenses attributed to the project. Task Description Base Fee Fee Type PHASE 1 - OLD SHOOTING RANGE REMEDIATION $40,500 T & M Est. PHASE 2 - SURVEY $5.970 Lump Surn PHASE 3 - FLOODPLAIN MODELING S15 000 Lump Sum PHASE 4 - GRADING DESIGN DEVELOPMENT $5.750 Lump Sum PHASE 5 - CONSTRUCTION DOCUMENTS S16 000 Lump Sum PHASE 6 - CONSTRUCTION PHASE SERVICES S4.500 T & M Est, PHASE 7 - INDUSTRIAL SWPPP REVISIONS $3.000 T & M Est, REIMBURSABLE EXPENSES S750 Estimate GRAND TOTAL* 1 $90 720 Exclusive of reimbursable expenses. Reimbursable expenses (Le. mileage, reproduction costs. application `ees. postage, etc.) shall be billed in addition to the contract amount B. Additional Services: Should the City of Fayetteville request work in addition to the Scope of Work, Olsson shall invoice the City of Fayetteville for such additional, optional services at the standard hourly billing labor rate(s), plus any reimbursable expenses, if any. Olsson shall not commence work on additional, optional services without written approval from the City of Fayetteville. RFQ 23-01, Engineering & Architectural Services — Selection 11 Appendix A —Scope of Work & Fees Page 7 of 9 2024 Olsson Billing Rate Schedule Billing Rate Schedule Classification Billing Rate Market Leader S 384.00 Geography/Discipline Leader S 375.00 Sector Leader S 333.00 Technical Expert/Sr Project Manager S 290.00 Client Relationship Manager S 290.00 Senior Team Leader S 273.00 Group Leader S 239.00 Client Manager/Project Manager $ 239.00 Associate Project Manager $ 222.00 Lead Engineer S 239.00 Senior Engineer 212.00 Project Engineer 188.00 Engineer 162.00 Associate Engineer 142.00 Assistant Engineer 126.00 Lead Scientist 215.00 Senior Scientist 188.00 Project Scientist 155.00 Scientist _ 131.00 Associate Scientist 116.00 Assistant Scientist 101.00 Lead Planner 218.00 Senior Planner 193.00 Project Planner 159.00 Planner 138.00 Associate Planner 119.00 Assistant Planner _ 102.00 Lead Landscape Architect $ 218.00 Senior Landscape Architect S 191.00 Project Landscape Architect 160.00 Landscape Architect 140.00 Associate Landscape Designer 121.00 Assistant Landscape Designer S 106.00 Commissioning Manager./Technical Manager $ 242.00 Commissioning Agent S 213.00 Commissioning Senior Technician S 181.00 Commissioning AssociateTechnician S 155.00 Commissioning Assistant Technician S 128.00 Design Manager/Technical Manager S 176.00 Design Associate S 141.00 Senior Technician S 114.00 Associate Technician S 97.00 Assistant Technician $ 84.00 RFQ23-01, Engineering & Architectural Services -Selection 11 Appendix A - Scope of Work & Fees Page 8 of 9 2024 Olsson Billing Rate Schedule Billing Rate Schedule Classification Billing Rate GIS Specialist $ 173.00 Senior Systems Specialist $ 190.00 Storrnwater Compliance Leader/Specialist $ 197.00 Storrnwater Compliance SpeclsVSr Coord S 151 M Stormwater Compliance Coordinator S 119.00 Stormwater Compliance Assistant S 93.00 Student Intern - Level 3 S 98.00 Student Intern - Level 2 S 84.00 Student Intern - Level 1 S 70.00 Public Engagement Specialist S 134.00 Public Engagement Senior Coordinator S 134.00 Public Engagement Coordinator S 105.00 Public Engagement Assistant $ 88.00 Administrative Senior Specialist/Leader $ 140.00 Project Senior Coordinator $ 132.00 Administrative Senior Coordinator $ 107.00 Project Coordinator S 100.00 Administrative Coordinator S 85.00 Administrative Assistant S 72.00 Note: Olsson's labor rates will increase by 5% on January 1 st every year of a multi -year contract Billing Rate Schedules for Surveying, Construction Administration. Drilling, and Special InspectionsMDT/Matenals Testing will be provided as Appendices, as needed. RFQ23-01, Engineering & Architectural Services —Selection 11 Appendix A — Scope of Work & Fees Page 9 of 9 olsson a REIMBURSABLE EXPENSE SCHEDULE The expenses incurred by Olsson or Olsson's independent professional associates or consultants directly or indirectly in connection with the Project shall be included in periodic billing as follows: Classification Automobiles (Personal Vehicle) Suburban's and Pick -Ups Automobiles (Olsson Vehicle) Other Travel or Lodging Cost Meals Printing and Duplication including Mylars and Linens In -House Outside Postage & Shipping Charges for Project Related Materials including Express Mail and Special Delivery Film and Photo Developing Telephone and Fax Transmissions Miscellaneous Materials & Supplies Applicable to this Project Copies of Deeds, Easements or other Project Related Documents Fees for Applications or Permits Sub -Consultants Taxes Levied on Services and Reimbursable Expenses Cost $0.67/mile $0.75/mile* $95.00/day Actual Cost Actual Cost Actual Cost Actual Cost+10% Actual Cost Actual Cost+10% Actual Cost+10% Actual Cost+10% Actual Cost+10% Actual Cost+10% Actual Cost+10% Actual Cost `Rates consistent with the IRS Mileage Rate Reimbursement Guidelines (Subject to Change). Eff. 01/2024 Page 1 of 1 SR. PURCHASING AGENT: Amanda Beilfuss, abeilfuss@fayetteville-ar.gov DATE OF ISSUE AND ADVERTISEMENT: 01/08/2023 0 REQUEST FOR STATEMENTS OF QUALIFICATI RFQ 23-01, Eneineerinia'&Architectural Se Services IWA CITY OF FAYETTEVILLE ARKANSAS 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 & Architectura DEADLINE: Tuesday, January 31, 2023 before 2:00 PM, local time �O It is the intent for the accepted respal&s of \0 o I i c i to be considered for all engineering an ite Pseleceps for,&. `77 The Citv may select eneinee ;9 a!rhiteicts fwcOn d�+ce s from this RFQ as well as proiects rel ea to f n 'f e A ican Rescue Plan. 2:�' The City reserves the ri t to sua at at any time for any job specific e ing r ar4IC tural selection. Submittals shall be submitted a and ` Dlete submission on the Citv's electronic platform at responses. Qv All statements of qualif ion shall be submitted in accordance with the attached City of Fayetteville specifications and documents attach . Each Proposer is required to fill in every blank and shall supply all information requested; failure to do so ay sed as basis of rejection. Any bid, proposal, or statements of qualification will be rejected that violates or conflict ith 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. City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services Page 1 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.Rov/bids. Late or misdirected proposals will not be accepted. ProposalSAL not be accepted after the deadline. The City of Fayetteville will not be responsible for lost or misdirected RFQ's, orb r of bidder's technical equipment.`vv Forms & addendums can be downloaded from the City's electronic portal at htt teville- ds. All questions regarding the process shall be directed to Amanda Beilfuss at abeilfuss fa ettevi -ar. ov or (4 -8220. All interested parties shall be qualified to do business and lic in acc ? °�L`�Y with al able laws of the state and local governments where the project is located. Interested arti shall �tered ' t Arkansas Secretary of State. Pursuant to Arkansas Code Annotated §22-9-203 The t Fayet ncoura ualified small, minority and women business enterprises to bid on and receive con or oo vices, d nstr . Also, City of Fayetteville encourages all general contractors to subcontra o ns ntractlifie Il, ority and women business enterprises. The City of Fayetteville reserves the reje all P and w e irregularities therein, and all parties agree that such rejection shall be with ut liability e par ity of F e eville for any damage or claim brought by any interested party because of such reject or shall��iny i erested seek any recourse of any kind against the City of Fayetteville because of such rejec oVditi e filin aty Stater�e� response to this invitation shall constitute an agreement of the interested party t se ��'�•'JJ � G O City of Fayetteville Q By: Amanda Beilfuss, chasing Agent P:479.575.8220 6beil ss@fayetteville-ar.gov TDD (Telecommun7teions 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. City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services Page 2 of 14 City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services Appendix ` • o �. o � P o � o o � � G O Q O City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services Page 3 of 14 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 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 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. 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. Electronic Submittal: Proposers are required to go to http://fayetteville-ar.gov/bids and follow the pra'np�s to submit a statement of qualification within the electronic platform. Physical submittals are not aUoaJefor this RFQ. i. SWs shall be prepared simply and economically, providing aightforwir e description of its ability to meet the requirements for the project. Fancyings, c splays, and promotional material are not required. Emphasis should n compl ' e and clarity of content. All documents submitted th the ele.ctr ``ortal sh Il tandard page size of 8 %" x 11". Exceptions would be schemexhibi4klage re i and City required forms. Limit proposal to twenty- five (;51Aar and forms required by the CitkNIcV the City's electronic d. Proposals will be reviewed followin e. 9. names of responders will be avail Proposers shall submit Purchasing Division. Proposals must follow the form of the RFQ, if provided. Proposers shall have expe the City of Fayetteville/l services and must pranicl Proposer is advised Nt must be identified in its negotiable. Proposer'sj Itge team resumes, references, I be uploaded in a PDF format to of this document. Only the us projects. 3FWY d(curril�itation published by the Fayetteville ftw shou`l ture their responses to follow the sequence J*W V nZikature and must provide references that will satisfy list of clients for whom they have performed similar r�rdhs contained in this RFQ or the attached service agreement :Mure to do so may lead the City to declare any such term non - to a non-negotiable term will not disqualify it from consideration for award. ov i. Local time shall eined as the time in Fayetteville, Arkansas on the due date of the deadline. Documents shall be received bef the deadline time as shown by the atomic clock located in the Purchasing Division Office. S. O WRITTEN REQUESTR INTERPRETATIONS OR CLARIFICATION: No oral interprMITtions 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. City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services Page 4 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 informati roposal data without changing the terms of the proposal. j. The City of Fayetteville reserves the right to make selection of the Propose erform th es required on the basis of the original proposals without negotiation. k. The City of Fayetteville intends on utilizing the receiv proposals for li ble 20 neering, architectural, and land surveying projects. Projects believed t&41Dunder $ 0 by t�� will be selected by the Department/Division head in accordance with the res ted s criteri is RFQ. Projects expected to exceed $35,000 shall be voted on by the seI I n "'Cmmitt any ontract exceeding $35,000 shall require formal authorization by the Fay ettevi& Coun 4. EVALUATION CRITERIA: n• The evaluation criterion defines the f hat will b sed b h electi ommittee to evaluate and score responsive, responsible and qual committee to thoroughly evalua) selection committee. The contra 5. COSTS INCURRED BY PROPOSERS: 7. or for any other effort An oral presentation and/or inte ,sals. %Lopc�sers shall s c n formation to allow the selection re ON Is. E h sal bm ed shall be evaluated and ranked by a aw to t ualifie oser, per the evaluation criteria listed in t(ranked. n• roposals to the City, or any work performed in payment will be made for any responses received, ) prior to contract commencement. d of any firm, at the selection committee's discretion. fits that it presently has no interest and shall acquire no interest, either direct or indirect, � any manner with the performance or services required hereunder, as provided in City of ion 34.26 titled "Limited Authority of City Employee to Provide Services to the City". The Prop er hall 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. City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services Page 5 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 �f lification. Proposers shall comply with all local, state, and federal directives, orders and laws as applica 4a is proposal and subsequent contract(s) including but not limited to Equal Employme portuni-6y Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract. e. Pursuant to Arkansas Code Annotated §22-9-203 The y of Fayette courage ualified small, minority and women business enterprises to bid on and receiv racts f serve construction. Also, City of Fayetteville encourages all general contractors to onTract p i of theirs t ct to qualified small, minority and women business enterprises. ` v' 11. COLLUSION: The Proposer, by affixing his or her signatuthis pr rees t ollow "P oser certifies that his proposal is made without previous and s RCfing, agree t, or c e .on wi y person, firm or corporation making a proposal for the same ite or se �cesq is in r is it i out outside control, collusion, fraud, or otherwise illegal action. � ��� 12. RIGHT TO AUDIT FOIA AND JURISICIT Z (� d. The City of Fayetteville reserves lege of ing a v n records as such records relate to purchases between the City and said ve or V e. Freedom of Information C• ontr doc prepared while performing City contractual work are subject to the Arkansa edom of I tion Ac . If�►Freedom of Information Act request is presented to the City of Fayetteville tracto 'I o ev, possible to provide the documents in a prompt and timely manner as prescrib in th r Fr e f 4nformation Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying cos�suant t JASA may be assessed for this compliance. f. Legal jurisdiction to re Ive ny disputes shall be Arkansas with Arkansas law applying to the case. 13. CITY INDEMNIFICATIO The successful Pro r(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or e cluding but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, p ten r copyright infringement or litigation based thereon, with respect to the services or any part thereof covered by thi der, 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. City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services Page 6 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 9oval. 17. CANCELLATION: •`O d. The City reserves the right to cancel this contract without cause by givin irty (30) day n notice to the Contractor in writing of the intention to cancel or with cause if at any time tl ntract •fS fulfill or abide by any of the terms or conditions specified. ► e. Failure of the contractor to comply with any of the pr s of thq c n�N\t shall Zidered a material breach of contract and shall be cause for immediate termin do f the co Tat the clc ti n of the City of Fayetteville. f. In addition to all other legal remedies availabl • t e City of evil) �, reserves the right to cancel and obtain from another source, any items and s ices ve noCelivered within the period of time from the date of order as determined by te' y of F y e. g. In the event sufficient budgeted fun not avai or a ne per d 01--ty shall notify the vendor of such occurrence and contract sha mate f the last day o en c eriod without penalty or expense to the City. � •1 ` 18. ASSIGNMENT, SUBCONTRACTING, ORPORATAUISI�/OR MERGERS: v d. The Contractor shall perform this P No as ment of su acting shall be allowed without prior written consent of the City. If a Propose is to act a ti of this work, the Proposer shall disclose such intent in the proposal sub as�t •i�`�FQ. e. In the event of a torpor e sit a d7�rTi�erger,ntractor shall provide written notice to the City within thirty (30) calendar s f ContractNotice qjL1Vch action or upon the occurrence of said action, whichever occurs first. The r term 1eVT1s cont s ich shall not be unreasonably exercised by the City, shall include, but not be li ited �'"� nces i wa corporate acquisition and/or merger represent a conflict of interest or are contrary t ny I I, state, eral laws. Action by the City awarding a proposal to a firm that has disclosed its intent to ign r subcontract in its response to the RFQ, without exception shall constitute approval for purpose of this gr e nt. 19. NON - Award of thisImpose no obligation on the City to utilize the vendor for all work of this type, which may develop during the cPer period. This is not an exclusive contract. The City specifically reserves the right to concurrently contract with companies for similar work if it deems such an action to be in the City's best interest. In the case of multiple -phase contracts, this provision shall apply separately to each item. 20. ADDITIONAL REQUIREMENTS: The City reserves the right to request additional services relating to this RFQ from the Proposer. When approved by the City as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such additional requirements as may become necessary. City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services Page 7 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, ed officials regarding request for proposals, request for qualifications, bids or contracts, duri pendency protest, by the bidder/proposer/protestor or any member of the bid der's/propose r's/pr is s agent of the bidder/proposer/protestor, or any person employed by any legal entity affili,with or re e ting an organization that is responding to the request for proposal, request for lification, J o tract, os a pending bid protest is strictly prohibited either upon advertisement or on a date fished ity of F ville and shall be prohibited until either an award is final or the protest is final r olve by th f Fay . I ; provided, however, nothing herein shall prohibit a prospective/bidder/propos 11�r contac Pur iivision to address situations such as clarification and/or questions related to the r u ement p For p of this provision lobbying activities or communication shall include but not be li t to, irifluCci� or at pti g to nce action or non -action in connection with any request for proposal, st forali ication, ontr ig r th direct or indirect oral or written communication or an attempt �n goodwilTlf pers or s specified in this provision. Such actions may cause any request for p p requ fo*�qualifi i or f to be rejected. 24. DEBARRED ENTITIES: By submitting a statement of qualificatioipdor state sub itting er i not a debarred contractor with the federal, any state, or local government. 25. OTHER GENERAL CONDITIONS: d. Proposers shall provid with pr s signed employee having legal authority to submit proposals on behalf of the Pr e . The entir c t of pre g and providing responses shall be borne by the Proposer. e. The City reserves the�ht to u t ny a i ormation it deems necessary from any or all Proposers after the submission deadline. f. The request for state nt qualification is not to be construed as an offer, a contract, or a commitment of any kind; nor does it nysts i e city to pay for any costs incurred by Proposer in preparation. It shall be clearly understood tha aincurred by the Proposer in responding to this request for statements of qualification is at the Prop o e n risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for reimburs he Proposer for any expense so incurred, regardless of whether or not the proposal is accepted. g. If produc mponents, 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@fayettevilleabeilfuss argov). It is the intent and goal of the City of Fayetteville Purchasing Division to City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services Page 8 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. 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. m Any information provided herein is intended to assist the Proposer in the preparation of proposals hssary to properly respond to this RFQ. The RFQ is designed to provide qualified Proposers with sufficien �b iNormation to submit proposals meeting minimum specifications and/or test requirements but is not int;�NNmit a RFQ's content or to exclude any relevant or essential data. _ Proposers irrevocably consent that any legal action or proceeding against it un-0, arisi relating to this Contract shall be controlled by Arkansas aw. Proposer hRefexpres claim or defense in any said action or proceeding bas ny alle$e`caa juris similar basis. %►7 or in any manner irrevocably waives any r improper venue or any The successful Proposer shall not assign the w Imo any par Con tWny monies due or to become due hereunder without written consent of City oft�eville. the s s I Proposer assigns all or any part of any monies due or to become due under t ntraclt the as ign all contain a clause substan- tially to the effect that is agreed that t t of the as ignee in any o s ue or to become due to the successful Proposer shall be subjec to rior liens of�perso a porations for services rendered or materials supplied for the perfor a the vicSs calle n h c r The successful Proposer's at ti n is di r ct to c at all lica le Federal and State laws, municipal ordinances, and the rules and egul 11O all autho 'es havin ction over the services shall apply to the contract throughout, and they wil��ed to YSiiIiLluded in t tract as though written out in full herein. The successful Proposer shall kee State, and municipal goverf these services or in any Ay having any jurisdicti u, Contract Documenk~h order or decree, s/he Nall he All interested parties s be used for all project; 26. INSURANCE: d. Any project dollars, a�fT unless fir i 27. ATTACHMENTS neJ,cQlilliQpaws, ordinances and regulations of the Federal, affecting those engaged or employed in providing ?rT and of all orders and decrees of bodies or tribunals 32repancy or inconsistency should be discovered in these -red to, in relation to any such law, ordinance, regulation, riting to City of Fayetteville. not utilizing AIA contracts for projects. Standard City contracts will under this RFQ shall require professional liability insurance in the amount of $1 million US Such Certificate of Insurance shall list the City as an additional insured and not be required a. Appendix A: City Standard Federal Contract Provisions City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services Page 9 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 ab n gotiate a successful contract with the selected vendor, the City reserves the right to cease negotiation t �s ch selected vendor and proceed on to the next selected vendor. Statements of Qualificatio Pro osals sha nclude prices, hourly fees, consulting rates, etc. of any kind. V" o o �. o � P Q 01 o o � � G O Q O City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services Page 10 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 TI M E NUMBER OF EMPLOYEES PLANNED FOR THIS CONTRACT: FULLTIME PARTTIME PLEASE LIST FOUR (4) REFERENCES THAT YOU HAVE PREVIOUSLY PERFORMED CONTRACT SERVICES FOR WITHIN THE P I E (5) YEARS (All fields must be completed): 1. 2. Cb ♦`� COMPANY NAME COMPANY NAM ♦ O CITY, STATE, ZIP ♦`� CITY, S CONTACT PERSON ACT PEEN a TELEPHONE _^� w � TELE+�H�IE+/ 40, FAX NUMBER ^_4 FFAUM i E-MAIL ADDRESS � CO DDRESS O 3. ♦ P 4. COMPANY NAMEX""" (; G CITY, STATE, ZIP CONTACT PERSON TELEPHONE FAX NUMBER E-MAIL ADDRESS City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services Page 11 of 14 COMPANY NAME CITY, STATE, ZIP CONTACT PERSON TELEPHONE FAX NUMBER E-MAIL ADDRESS 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 •f1� Architecture Natural Resource/Conserd� anning Bridges Parks: 10V Forestry P ng Carbon Sequestration Analysis Par LDedica o es Consultant Civil/Structural Design i ity Climate Resilience Analysis �dio De Construction Administration Stor �r Management Drainage Design, Analysis, & Plannin a► St o w er Modeling Ecosystem Services Analysis rmwate De Electrical truct dR esign Environmental Analysis, Re n, & Permitting ur ing Environmental Water rvices O ainability Design Floodplain Services esting Services: Soil/Materials GIS Mapping , Traffic Studies Geotechnical Engi ri Utility Asset Inspections Hydrology O Value Engineering Independen tima O • Wastewater Design Interior Design ` � Cj Wastewater Management Landscape ArcVll(�Iure Wastewater Modeling LEED/Sites I r TZVon Wastewater Rate Studies Lighting �esig Wastewater SSES MaNjhing: Arts/Culture Water/ Sewer Rate Studies jtePanning: 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 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 D: Signature Submittal 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: • `O 1) NO KNOWN RELATIONSHIP EXISTS Cb • 2) RELATIONSHIP EXISTS (Please explain)_ le\ I certify that; as an officer of this organization, or per • the e aut i , am duly authorized to certify the information provided herein are accurate and tr my or ion shall mply * h all State and Federal Equal Opportunity and Non -Discrimination requireme con emploZt. Pursuant Arkansas Code Annotated §25- he CcRtractor agree ifi a ey do not currently boycott Israel and will not boycott Israel duri me i is h�y a e �g into, whi e in contract, with any public entity as defined in §25-1-503. If at a time durirc�ntract ractor 'des to boycott Israel, the contractor must notify the contracted public entity in writing�(�� rV V • ��/ 2. PRIMARY CONTACT INFORMATI L. At the discretion of the City, on firms QO asked for I e detailed information before final ranking of the firms, which may also include or i e iews. NO EE: a P er shall submit to the City a primary contact name, e-mail address, and phone number ere th urch is n can contact for clarification or interview request. Name of Firm: Name of Primary Con I Title of Primary CC Phone Number: E-Mail Address: City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services Page 13 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: `O As an interested party on this project, you are required to provide debarment/suspension certifi c indicating in compliance with the below Federal Executive Order. Certification can be done by co(:bting an S* this form. Federal Executive Order (E.O.) 12549 "Debarment and Suspensic " requires thatt�cSntractor ing individual awards, using federal funds, and all sub -recipients certify that the d�ga ation atl is rincipal of debarred, suspended, proposed for debarment, declared ineligible, or voluntar'I excluded b ederal tment or agency from doing business with the Federal Government. ' V Signature certifies that neither you nor our rinci esentl rred sus e ed sed for debarment declared g Y Y p p ineligible, or voluntarily excluded from particip this a n by neral rt t or agency. Questions regarding this form should be d to t City of Fayet vi rc s vision. O6 COMPANY: PHYSICAL ADDRESS: V MAILING ADDRESS: PHONE: O . FAX: E-MAIL: ✓ TAX ID #: UEI #: Signed (By submi n r response, you certify that Vou are authorized to represent and bind Vour com an ): SIGNATURE: PRINTED NAME: TITLE: DATE: City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services Page 14 of 14 CITY OF FAYETTEVILLE ARKANSAS 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 Awar htt s: www. ovinfo. ov content k CFR-2021-title2-voll df CFR-2021-title2-volt- art200. f Contractors and vendors shall comply with the following federal guidelines, in accordance the most rec fished version of Appendix II to Part 200—Contract Provisions for Non -Federal Entity Contracts Under %0s. ds. The n of a "non -Federal entity" in this section shall mean the City of Fayetteville, AR. Language in this Appendix shall override �persede any language contained in the bid documents. All parties shall understand th��ms "vendor" and "contractol ' y apply to a design firm, construction contractor and/or sub -contractor. Language in this a n�lx shall apply as it is ap a to federal law. Design firms shall incorporate all applicable federal language into bid specific bons, gqualifi tiogf2quire a d contract documents prepared for City of Fayetteville projects. `� 1. Termination for Cause and Convenience v `� a. The City of Fayetteville reserves t hit to ca is Contr dfitVfout c s iving thirty (30) days' notice to the vendor of the intent to ca e or with cause t an ti end to fulfill or abide b an of the terms Y Y Y or conditions specified. T ment II b�autom . ly e in e ds under federal award, number are discontinued by the a gency ny as u minatn sh take effect upon receipt of written notice. If there is a need to set on an early inatio paymeno the termination date would be determined by incurrence of allowab e costrmpletion of t by per ��f.•,,��ime completed up to the settlement, or some other method as defined b upon re f the vender cords. a. Failure of the vendor o plya. Failure of the vendor o p y withl��►f the prov' 'f this contract shall be considered a material breach of contract and shall e u for im ermin he contract at the discretion of the City of Fayetteville. b. In addition Flo<r legal i\`Y`s avai the City of Fayetteville, the City reserves the right to cancel and obtain fromr s a servi ♦ Piave not been provided within the period of time stated in the or if no suc state wi a reasonable period of time from the date of order or request, as proposal, U p q determined by th �ty. 2. Equal Employment Q t — Vendor shall comply with 41 CFR 60-1.4(b) a. During t e pe rmance of this contract, the vendor agrees as follows: (1) The vendor will not discriminate against any employee or applicant for employment because of O 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. 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 (2) (3) (4) !02 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. 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. The vendor will send to each labor union or representative of workers with which heollective bargaining agreement or other contract or understanding, a notice to be provioledl�av�s g the said labor union or workers' representatives of the vendor's commitments under �kC Ion, and shall post copies of the notice in conspicuous places ava'�aP�p to emplpy end applicants for (D) employment. `V Nith all provisions of Executi er 1124 ember 24, 1965, and of id rele ers of tf�e ry of La II informa ' and re wired b c ive Order 11246 of September 49 s, and or r the Sec f Labor, or pursuant thereto, and �, ecor s, rout y h ministering agency and the Secretary 4estiga ' s( I pliance with such rules, regulations, and or's c pliance e no s tion clauses of this contract or es, regu ations, th. act may be canceled, terminated, or I Aand th or may red ineligible for further Government listed c un cont r a is in ccordance with procedures authorized in of Sept e 24, 19 such other sanctions may be imposed and rovi in xecuti er 11246 of September 24, 1965, or by rule, ry of Lr as otherwise provided by law. Qe��oftrtlon osentence immediately preceding paragraph (1) and the 0'-M thIn every subcontract or purchase order unless exempted )rder of of Labor issued pursuant to section 204 of Executive 965, so that such provisions will be binding upon each sub -vendor e uch action with respect to any subcontract or purchase order as C. may direct as a means of enforcing such provisions, including sanctions !ver, that in the event a vendor becomes involved in, or is threatened with, „�,5-- �. asub-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. 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. 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 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 3 4. 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 sus n n whole or in part this grant (contract, loan, insurance, guarantee); refrain #ro t nding any further assistance to the applicant under the program with respect t v the failure or refund occurred until satisfactory assurance off compliance een received from such applicant; and refer the case to the Depar nt of J � r appropriate legal proceedings. Subcontracts. Each nonexempt prime vendor or - dor shaJ i he equ rtunity clause in each of its nonexempt subcontracts. `� Inclusion of the equal opportunity clause bX ce. The a portuni e may be included by reference in all Government contracts and subcontra&Its ding o nt bi o la g, transportation requests, contracts for deposit of Government funds, and fo..,rpi d paying savin s bonds and notes, and such other contracts and subcontracts as the � o'of O a designat Incorporation by operation of t �r. By op to of the o �h(e eq o nity clause shall be considered to be a part of every contract d bcon act required by an e gulations in this part to include such a clause whether or not it i h i Ily inc�rNd in s racts ther or not the contract between the agency and the vendor n. Adaptation of language. uch n ss�ianges i ng age ma de in the equal opportunity clause as shall be appropriate to identify prop t e arties arj4kLheir ndertaki I Davis -Bacon Act, (40 U.S.C. 31 See also 2 C.F.R. In accordanifAh,W than the prev 'ng wa be required to pay wa The non -Federal Labor in each sn tat. by Department of Labor regulations (29 CFR Part 5, uired to pay wages to laborers and mechanics at a rate not less ination made by the Secretary of Labor. In addition, vendor must n7st place a copTTf the current prevailing wage determination issued by the Department of i. The decision to award a contract or subcontract must be conditioned upon the acceptance ion. The non -Federal entity must report all suspected or reported violations to the Federal �Co tractor's on projects shall reference the appendices containing Wage Determination Numbers and dates. CopelandNknifKickback" 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. 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 5. 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. 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 andl b Wr based on a standard work week of 40 hours. Work in excess of the standard work week is permissible P od that the worker is compensated at a rate of not less than one and a half times the basic rate of pay foNxours worked in excess of 40 hours in the work week. c. The requirements of 40 U.S.C. § 3704 are applicable to construction work a brovide t aborer or mechanic must be required to work in surroundings or under working conditions <Nare unsa azardous or dangerous. These requirements do not apply to the purchas plies oor artic arily available on the open market, or contracts for transportation or transmis f intel. d. Compliance with the Contract Work Hours* ty Standa ii. Overtime requirements. No con+rr ub o r con c any part of the contract work which may require or involve the e of 1 �r mechan shall re uire or permit any such laborer or mechanic in any workwee ch h��''`s employ such w k t ork in excess of forty hours in such workweek unless orer or C nic recei pen I rate not less than one and one- half times the basic r pay f r all hours worke so r hours in such workweek. iii. Violation; liability;SZn id waiclbidated es. In t of any violation of the clause set forth in paragraph sect n e contr a any su ntr for responsible therefor shall be liable for the unpaid wa s. In itich cont or nd sub o tr for shall be liable to the United States (in the case of work done d r ontract f the istrict ���o Imbia or a territory, to such District or to such territory), for liq e damag liquidatl��, mages shall be computed with respect to each individual la or echa 'c ' �ng watch and guards, employed in violation of the clause set forth in paragr 1) is sect' �e su or each calendar day on which such individual was required or per to work I of the tan workweek of forty hours without payment of the overtime w s ed b t a e set f paragraph (1) of this section. With Iding f n i age ydioted damages. The (write in the name of the Federal agency or the loan or grant I n ) shall on s own action or upon written request of an authorized representative of the Dep ent Labor with d or cause to be withheld, from any moneys payable on account of work perf b the contractor or subcontractor under any such contract or any other Federal contract with th e contractor, or any other federally -assisted contract subject to the Contract Work Hours and fet e Imtandards Act, which is held by the same prime contractor, such sums as may be determined to be e ssary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated amages as provided in the clause set forth in paragraph (2) of this section. 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 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 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 reliat t� Federal Water Pollution Control Act `� a. The vendor agrees to comply with all applicable standards, orders or regula sued pur4u �e Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. Cel � b. The vendor agrees to report each violation to the (name of the state a n or loctribal government) and understands and agrees that the (name of the st g�ncy or l a o ian tribent) will, in turn, report each violation as required to assure notificationAo ame owe ' t), Fedy Management Agency, and the appropriate Environmental Protect o cy Regio e. c. The vendor agrees to include these requ s in &A011'ritra e e g $150,000 financed in whole or in part with Federal assistance. I Debarment and Suspension (Executive 10. Byrd (defined at 2 C.F.R. § 180.935). V % 9 and `169) ) (> purposes of 2 C 0�80 C.F.R. pt. 3000. As such the vendor is N0 Aractor, ' �ncipals at 2 C.F.R. § 180.995), or its affiliates Ned (de ' C.F.R. 180. 40) or disqualified (defined at 2 C.F.R. § V II nAbe ade tog;e listed on the governmentwide exclusions in the B guidelines at 2 CFR 180 that implement Executive d 99-(3 CFR part 1989 Comp., p. 235), "Debarment and Cos✓debarred, suspended, or otherwise excluded by agencies, %r regulatory authority other than Executive Order 12549. )part C and 2 C.F.R. pt. 3000, subpart C and must include a lower tier covered transaction it enters into. ermine e vend did of comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart X)ay die available to me of state agency serving as recipient and name of subrecipient), the pursue available remedies, including but not limited to suspension and/or debarment. ChpMer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, is offer is valid and throughout the period of any contract that may arise from this offer. The bidder rther agrees to include a provision requiring such compliance in its lower tier covered transactions. ng Amendment 31 U.S.C. § 1352 (as amended) 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 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 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: ♦`O 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 a ain equ' services, or systems that uses covered telecommunications equipment or services ubstanti ntial component of any system, or as critical technology as par f systei 4ssribed in Law 115-232, section 889, covered telecommunications equipmen telec cations i ent produced by Huawei Technologies Company or ZTE Corp (or any s si ry or affili f such entities). (1) For the purpose of pub 3 y, se ri vern e ties, physical security surveillance of critical infrastructd oth onal se ity pur oses, video surveillance and telecommunicati �ipm�� Iced by ra Com un1 tions Corporation, Hangzhou Hikvision Digi nology cb p y, or Da nol ny (or any subsidiary or affiliate of such enti (2) Tele om un ons Ni A� sury ' servic ed by such entities or using such equi (3) Teleco mun' ion video su I ce equi I eI or services produced or provided by an entity that the S t r of Defen in c nsultat, I ri h the Director of the National Intelligence or the Director ederal f Inve�n, reasonably believes to be an entity owned or con d b , or of ♦ n✓✓✓nnecte he government of a covered foreign country. b. In implementing e ro tion u blic LaW 2, section 889, subsection (f), paragraph (1), heads of executive agencXac dminlsterin grant, r s Idy programs shall prioritize available funding and technical support to sited b 'r s s, in�' and organizations as is reasonably necessary for those affected entities to tra 'tion fr er co equipment and services, to procure replacement equipment and services, and to ensure ommuni do ervice to users and customers is sustained. c. See Public Law 1 2, s ction 889 for ditional information. d. See also § 20 13. Domestic prefer es procurements (§ 200.322) a. As; r ri e and to the extent consistent with law, the non -Federal entity should, to the greatest extent practicable ederal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials pp ed 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. 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 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. 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 RFQ 23-01, Addendum 1 9% Date: Tuesday, January 24, 2023 W4W To: All Prospective Vendors From: Amanda Beilfuss — 479.575.8220 — abeilfuss@fayetteville-ar.gov RE: RFQ 23-01, Engineering and Architectural Services CITY OF FAYETTEVILLE ARKANSAS This addendum is hereby made a part of the contract documents to the same extent as thou were originally included therein. Interested parties should indicate their receipt of same in the appropr ank of the R F P. PROPOSERS SHOULD ACKNOWLEDGE THIS ADDENDUM ON THE DESIGNATED LOCH THE BID FORM. ^ ANNO 1 The following clarifications are being provided to I rested,p 1 Qj ♦O a. PROVISION FOR OTHER AGENCIES: •� OW Unless otherwise stipulated by t pos prop ees to make available to all Government agencies, de artm unici s and cou ies ro osal prices submitted g p p in accordance with said pro erm nditio leerei o any said governmental entity desire to buy under roposall.le U all m al state of Arkansas agencies, the legislative and judi a nche ol4ical s vi ' s o s, local district school boards, 1 community colleges, ipali e cocnti p er lic encies or authorities), which may desire to purchase un er th er nd co s of th c tract. v b. Any subrecipient of Am ri Rescu ct ( Funds through the City of Fayetteville has the authority to ut' ce a inal I� electe . Subrecipients utilizing the list shall follow all applicable state City gIP'f� ttevill asing policies. � G Q 0 City of Fayetteville, AR RFQ 23-01, Addendum 1 Page 111 Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 RFQ23-01, Addendum 2 V 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 CITY OF FAYETTEVILLE ARKANSAS This addendum is hereby made a part of the contract documents to the same extent as thou were originally included therein. Interested parties should indicate their receipt of same in the appropr ank of the RFP. PROPOSERS SHOULD ACKNOWLEDGE THIS ADDENDUM ON THE DESIGNATED LOCH THE BID FORM. ink V� • � V 1. The deadline to submit statements of qua lificati n FQ 2 r e d Architectural Services is being extended. The new deadline for S e s d a, v, eNa ry 7. no later than 2:00 PM local time. o o �. P Z ry � o o\C0 'qQ Cj O Q O City of Fayetteville, AR RFQ 23-01, Addendum 2 Page 111 Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 CITY OF 10A FAYETTEVILLE ARKANSAS RFQ 23-01 Addendum 2 FTN Associates, Ltd. FTN Associates, Ltd. 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 Page 1 of 2 pages Vendor: FTN Associates, Ltd. RFQ 23-01 Addendum 2 FTN Associates, Ltd. Information Contact: Kenneth Farmer Address: 124 W Sunbridge Drive, Suite 3 Fayetteville, AR 72703 Phone: (479) 571-3334 Fax: (479) 571-3338 Email: klf@ftn-assoc.com By submitting your response, you certify that you are authorized to represent and bind your company. Lee Beshoner Ijb@ftn-assoc.com Signature Email Submitted at 113012023 03:07:17 PM (CT) Requested Attachments RFQ 23-01, Response Submittal 2023 Statement of Qualifications.pdf Please upload your completed response, including all required forms. Bid Attributes 1 Arkansas Secretary of State Filing Number: 100060737 Page 2 of 2 pages Vendor: FTN Associates, Ltd. RFQ 23-01 Addendum 2 tn water resources I environmental consultants 124 W Sunbridge Drive, Suite 3 • Fayetteville, AR 72703 • (479) 571-3334 • FAX (479) 571-3338 January 31, 2023 Ms. Amanda Beilfuss Sr. Purchasing Agent Purchasing Division, Room 306 113 West Mountain Street Fayetteville, AR 72701 RE: 2023 Statement of Qualifications and Performance Data for Engineering and Environmental Consulting Services RFQ 23-01, Engineering and Architectural Services Dear Ms. Beilfuss: FTN Associates, Ltd. (FTN) is pleased to submit our 2023 Statement of Qualifications and Performance Data. FTN is a specialized small business who has been providing professional services to the Southeast Region since 1981 and to the City of Fayetteville since 2000. FTN specializes in water resources and environmental engineering projects, including: development of master drainage plans; stormwater services; drainage design and review; sustainable site design; hydrologic and hydraulic modeling; water quality monitoring/field studies; watershed management and best management practices; Municipal Separate Storm Sewer System (MS4) mapping and permit support; wetland reviews and determinations; the evaluation of floodplain issues; NEPA services; environmental site assessments (Comprehensive, Phase I, and Phase II); Brownfields redevelopment; and solid waste. FTN has over 70 employees including professional engineers, engineering interns, professional geologists, aquatic biologists, certified floodplain managers, and environmental scientists. Our professionals have an extensive array of experience with engineering and environmental consulting. Our firm has a large branch office in Fayetteville, and our headquarters is in Little Rock. FTN is uniquely qualified to provide water resource environmental services to Fayetteville. FTN has completed or is working on projects for and within the City, and within Benton and Washington Counties. These projects include data gathering, attending public and private meetings, preparation of design plans and specifications, identification and review of floodplain problem areas, areas of recent and anticipated development, determination of drainage issues and identification of potential engineering solutions, drainage structure design, hydrologic and Corporate Office: 3 Innwood Circle, Suite 220•Little Rock, AR 72211•Phone (501-225-7779)•Fax (501-225-6738) Regional Offices: Fayetteville, AR; Baton Rouge, LA; Chesterfield, MO•www.ftn-assoc.com•ftn@ftn-assoc.com Ms. Amanda Beilfuss January 31, 2023 Page 2 hydraulic analyses, wetland/Section 404 delineation and permitting, and stream restoration design and construction services. FTN's capabilities also include general engineering services, including preparation of drainage reports and drainage design and review, developing design plans and contract documents, GIS mapping and analysis, stormwater permitting, water quality analyses, Use Attainability Analyses (UAA), and other environmental services. This broad range of expertise provides a comprehensive viewpoint in solving problems for our clients. Our branch office in Fayetteville is located less than 15 minutes from the City offices. We have developed an excellent working relationship with municipal clients similar to the City of Fayetteville. FTN is especially qualified to provide professional engineering and environmental consulting services in the following areas: ♦ Drainage Design, Analysis, & Planning ♦ Water Management ♦ Wastewater ♦ Hydrology ♦ Floodplain Services ♦ Wetlands ♦ Natural Resource Planning ♦ GIS Mapping ♦ Hydraulics ♦ Natural Resource Planning ♦ Sustainable Design ♦ MS4 Mapping / Permitting ♦ Stormwater Management ♦ Environmental Analysis ♦ Civil Design ♦ Environmental Site Assessments ♦ Solid Waste ♦ Threatened/Endangered Species We are confident that we possess a number of unique qualifications and strengths that would enable the City of Fayetteville to satisfactorily meet its various project requirements in a cost effective manner. These qualifications include the following: ♦ FTN has an excellent professional reputation for providing quality services in a cost effective manner. More than 90 percent of our business comes from previous clients. This is a testament to the quality of work that we do. ♦ FTN has an office in Fayetteville, less than 15 minutes away from the City of Fayetteville offices, enabling us to be very responsive to the City's needs. ♦ FTN utilizes the services of its principals and senior level personnel in all phases of project work. Through this active involvement of its senior staff, FTN has developed an excellent working relationship with municipal clients throughout Arkansas. In addition to the extensive experience listed above, FTN further highlights this experience in our project services matrix, selected past project profiles, and professional resumes enclosed within this Statement of Qualifications. If you have questions or need additional information please call me or Kale Farmer, PE, CFM, at (479) 571-3334. !n Ms. Amanda Beilfuss January 31, 2023 Page 3 Thank you very much for your time and consideration. Respectfully submitted, FTN ASSOCIATES, LTD. Lee J. Beshoner, PE, CFM Project Manager LJB/kae Enclosures � S:\MARKETING\CITY OF FAYETTEVILLE\2023\2023-01-31 FTN LTR CITY OF FAYETTEVIL'LE SOQ.DOCX =Zin iltn oclates Ltd. 2023 STATEMENT OF QUALIFICATIONS AND PERFORMANCE DATA FOR ENGINEERING AND ENVIRONMENTAL CONSULTING SERVICES RFQ 23-01, ENGINEERING AND ARCHITECTURAL SERVICES January 31, 2023 ♦ INTRODUCTORY LETTER ♦ EXECUTIVE SUMMARY ♦ GENERAL QUALIFICATIONS ♦ SPECIALIZED EXPERIENCE AND TECHNICAL COMPETENCE ♦ PROFESSIONAL CAPACITY AND PERSONNEL ♦ PAST PERFORMANCE ♦ FAMILIARITY WITH THE AREA ♦ ADDITIONAL INFORMATION o Listing of Consultants o Registered Professional Engineer o Arkansas Registered Professional Surveyor LIST OF APPENDICES APPENDIX A: Resumes of Key Personnel APPENDIX B: Past Projects APPENDIX C: Qualification Summary Form Photo courtesy ofArkansas Department of Parks and Tourism Ztn FTN Associates, Ltd. is pleased to submit this Statement of Qualifications for the City of Fayetteville, in response to the "Request for Qualifications, RFQ 23-01, Engineering and Architectural Services" document issued by the City of Fayetteville on January 8, 2023. FTN is an Arkansas -based engineering and environmental consulting firm that has been providing professional services since 1981 and services to the City since 2000. FTN specializes in water resources and environmental engineering projects, including: Use Attainability Analyses (UAA); the evaluation of floodplain and stormwater issues; hydrologic and hydraulic modeling and design; sustainable site design; development of master drainage plans; water quality monitoring/field studies; watershed management and best management practices; wetland reviews and determinations; water/wastewater; environmental site assessments (Comprehensive, Phase I, and Phase II); brownfields re -development; and solid waste. FTN has more than 70 employees, including professional engineers, engineer interns, professional geologists, aquatic biologists, certified floodplain managers, and environmental scientists. Our professionals have an extensive array of experience with engineering and environmental consulting. FTN is uniquely qualified to provide engineering services to the City of Fayetteville, having completed several drainage and floodplain projects in the City. FTN's capabilities also include GIS mapping and analysis, stormwater permitting, development of Best Management Practices, and environmental experience to provide a comprehensive viewpoint in developing engineering plans. FTN is especially qualified to provide engineering and environmental consulting services in the following areas: ♦ Civil Design ♦ Drainage Design, Analysis, and Planning ♦ Environmental Water Services ♦ Floodplain Services ♦ GIS Mapping ♦ Hydraulics Mtn ♦ Hydrology ♦ Natural Resource Planning ♦ NPDES Permitting Services ♦ Site Investigation/ Remediation/Brownfield Re -Development ♦ Solid Waste ♦ Storm Water Management ♦ Sustainable Site Design ♦ Threatened/Endangered Species ♦ Use Attainability Analyses ♦ Wastewater ♦ Water Quality Monitoring ♦ Wetlands FTN water resources experience dates back to the early 1980s. This experience is highlighted in our project services matrix, selected past project profiles, and professional resumes enclosed within this Statement of Qualifications. Since the company was founded, more than 40 years ago, approximately 90% of our business has come from repeat clients, attesting both to the quality of our product and our ability to continue providing excellent service to our clients. We have performed numerous water, floodplain, and environmentally related studies within the City and have extensive experience on City projects. FTN has completed the City Drainage Criteria Manual Update with a new Low Impact Development chapter and multiple drainage analyses throughout the City. We updated the effective City of Fayetteville and Washington County Flood Insurance Rate Maps (FIRMs) for FEMA and have completed the Risk Analysis portion of the new Washington County Flood Insurance Study update under FEMA's Risk MAP Effort, partnering with the City and the Arkansas Natural Resources Commission. FTN has a team of key personnel that will be available to manage projects and provide technical support to the City. For each project undertaken with the City, our key personnel will create a project team of professionals with specific expertise to ensure project success. The multidisciplinary staff and broad range of experience at our firm allow us to meet project demands quickly and accurately. The project team will provide continuity throughout project performance, quality assurance, timely completion, and coordination with designated stakeholders. Project plans and specifications and surveys will be developed under direct supervision of the appropriate FTN professional staff. FTN Associates, Ltd. is registered as a firm that provides engineering services in the State of Arkansas. Respectfully submitted, FTN ASSOCIATES, LTD. Lee Beshoner, PE, CFM Branch Manager & Project Manager Mtn Kale Farmer, P , CFM Project Manager FTN Associates, Ltd. is an Arkansas -based engineering firm that specializes in water resources and environmental projects, including: hydrologic and hydraulic modeling and design; sustainable site design; development of master drainage plans; water quality monitoring/field studies; wetland reviews and determinations; the evaluation of floodplain issues; environmental site assessments (Comprehensive, Phase I, and Phase II); brownfields; and solid waste. FTN was started in Vicksburg, MS in 1980 and moved to Little Rock, Arkansas, in July 1983. Since that time, FTN has grown to a staff of more than 50 professionals, including professional engineers, engineering interns, professional geologists, certified floodplain managers, environmental scientists, water/wastewater experts, and support staff. FTN established an office in Fayetteville in 1998. Our professionals have an extensive array of experience with engineering and environmental consulting. FTN is uniquely qualified to provide engineering services for drainage and floodplain related and environmental projects to the City of Fayetteville (City) because: ♦ FTN has experience working with the City of Fayetteville on the Drainage Manual, stormwater and floodplain issues, and in clean water and environmental permitting. ♦ FTN has a branch office in Fayetteville, located less than 15 minutes from the City offices, allowing for quick response to the project requirements. ♦ FTN has the professional engineering and environmental staff, equipment, experience, and capacity necessary to meet the engineering and environmental needs of the City. ♦ FTN's staff is very familiar with the City and its drainage and floodplain issues having completed several floodplain projects and being located in the City. ♦ FTN has an excellent professional reputation for providing quality services to the environmental, stormwater, and floodplain management communities in a cost effective manner. ♦ FTN has prepared and provided Use Attainability Analyses (UAAs) and other similar services for municipal and industrial clients. ♦ FTN has capabilities including GIS mapping and analysis, stormwater permitting, and environmental experience to provide a comprehensive viewpoint in developing engineering plans. ♦ FTN utilizes the services of its principals and senior level personnel in all phases of project work. Through this active involvement of its senior staff, FTN has developed an excellent working relationship with municipal clients similar to the City of Fayetteville. Mtn Specialties: ♦ Stormwater Management ♦ Floodplain Management ♦ NPDES Issues Analysis ♦ Water Quality ♦ Environmental Site Assessments ♦ Wetlands ♦ Fate and Transport Over 50 Professionals including ♦ Civil Engineers ♦ Water Resources Engineers ♦ Environmental Engineers ♦ Geospatial Analytics Specialists ♦ Biologists FTN Associates, Ltd. (FTN) is a water resources and environmental consulting and engineering firm that provides specialty services to private and governmental clients by emphasizing client satisfaction and quality services. FTN emphasizes an interdisciplinary approach with hundreds of years of combined professional experience. This broad interdisciplinary experience offers unique problem -solving capabilities in all phases of civil and environmental planning, design, and management. FTN has an extensive background in field investigations, laboratory analyses, data analyses, and computer simulations including formulation, screening, and evaluation of alternatives. Professional services encompass six general areas: ♦ Hydrogeologists ♦ Water Resources, ♦ Environmental Scientists ♦ Clean Water Act Compliance, ♦ Regulatory Specialists ♦ Natural Resource Management, ♦ Water/Wastewater Management, ♦ Site Investigation/Remediation/Brownfields, and Incorporated in 1980 ♦ Solid Waste. Offices 3 Innwood Circle, Suite 220 Little Rock, Arkansas 72211 Phone: (501) 225-7779 Fax: (501) 225-6738 Fayetteville, Arkansas Phone: (479) 571-3334 Baton Rouge, Louisiana Phone: (225) 766-0586 Chesterfield, Missouri Phone: (314) 786-5855 ftn@ftn-assoc.com www.ftn-assoc.com Mtn FTN has performed work in all 48 contiguous states, Alaska, and several foreign countries. Past clients have included private industries, other engineering and consulting firms, local and state governments, and federal agencies. Innovative approaches developed from integrated scientific and engineering procedures are used to provide clients with practical and environmentally sound solutions at minimum cost. Our extensive list of repeat clients attests to the quality of our work and its timely completion within performance schedules. Water Resources ♦ Hydrologic & Hydraulic Modeling ♦ Unsteady Flow/Dam Break Analysis ♦ Flood Insurance Studies/ Flood Mapping ♦ Reservoir Control and Operations Management ♦ Coastal Planning, Engineering, and Restoration ♦ Master Drainage Plans, Ordinances ♦ Irrigation ♦ Hydraulic Design ♦ Detention & Sedimentation Basin Design ♦ Drainage & Flood Control Improvement Design ♦ Sediment Transport & Stabilization ♦ GIS Clean Water Act Compliance ♦ NPDES Permits ♦ Stormwater Permitting ♦ Nonpoint Source/BMP Assessments ♦ Regulatory Analysis ♦ Monitoring/Field Studies ♦ TMDLs ♦ Mixing Zone Analysis ♦ Use Attainability Analysis ♦ Wetlands/404 Permitting ♦ Aquatic Life/Fisheries Studies ♦ Toxicity/Biomonitoring Analysis ♦ Thermal Discharges Natural Resource Management ♦ Natural Resource Studies/Planning/Mapping ♦ EAs/EISs ♦ Threatened and Endangered Species Assessments ♦ Ecological Studies ♦ Ecological Risk Assessments ♦ Lake Management/Restoration ♦ Coastal Restoration ♦ Reclamation/Restoration ♦ NRDAs ♦ Sustainable Site Design ♦ GIS Water/Wastewater Management ♦ Feasibility Studies ♦ Distribution System Modeling/Design/Optimization ♦ Source Identification/Yield/Demand Analysis ♦ Treatability Studies and Analysis ♦ Operations & Management ♦ Pollution Minimization/Reduction ♦ TREs/TIES ♦ Design Services ♦ Constructed Wetlands ♦ Stormwater Management and Flood Control ♦ Sludge Handling Analysis and Management ♦ Construction Observation/Contract Administration Solid Waste ♦ Planning and Feasibility Investigations ♦ Permitting ♦ Hydrogeological Investigations ♦ Design ♦ Construction Quality Assurance ♦ Groundwater Monitoring and Reporting ♦ Explosive Gas Monitoring and Reporting ♦ NSPS Compliance ♦ Stormwater Consulting and Permitting ♦ Alternative Liner and Cover Demonstrations Site Investigation/Remediation/Brownfields ♦ Phase I/II Property Assessments ♦ Hydrogeologic Investigation/Contaminant Assessment ♦ RCRA Groundwater Monitoring/Permitting/ Corrective Action ♦ Remediation Recommendations and Design ♦ QA/QC — 3rd Party Oversight ♦ Brownfield Redevelopment ♦ Data Management Reporting Systems ♦ SARA Title III Mtn FTN has extensive experience in drainage and civil design; environmental and floodplain-related services; sustainable site design; GIS mapping; hydrology and hydraulics; natural resource planning; stormwater and water management; water/wastewater design, treatment, and management; site investigation and remediation; brownfields re -development; wetland investigations; and solid waste. During our over 40 years of business, FTN has developed an excellent reputation of providing a timely, quality product within the project budget. FTN's multi -disciplinary expertise, previous work with the City, and our project team approach make us uniquely qualified to address City of Fayetteville projects. This expertise is explained by our company experience profiles included in this section. Each of our professionals also possesses individual experience that is summarized in Section 3 and presented in the resumes in Appendix A. Mtn FTN has a professional staff of more than 50 specialists who have extensive experience in all phases of engineering related to water quality and environmental services, drainage and flood control planning and design, stormwater and floodplain management, environmental site investigations, and associated environmental issues, such as Brownfields. The following table summarizes this experience and illustrates the capacity we have to provide various services to the City of Fayetteville. For City of Fayetteville projects, FTN has assembled a team of key personnel that will be available to manage projects and provide technical support to the City. These individuals are included in the following table and key resumes are included in Appendix A. The specific technical areas for which each individual will have primary responsibility are: ♦ Lee Beshoner, PE, CFM Hydrology/Hydraulics/Floodplain Analysis ♦ Kale Farmer, PE, CFM Hydrology/Hydraulics/Floodplains, Stormwater Management and Engineering Design ♦ Jeremy Rigsby Aquatic Ecologist/Wetlands Specialist, Clean Water, Water Quality, Threatened/Endangered Species ♦ Jimmy Rogers Environmental Monitoring and Assessment, Environmental Science, Water Quality Assessment ♦ Curtis Nunn, PG Environmental Site Investigations, Karst Hydrogeology ♦ Ray Wieda, PE NPDES Stormwater Permitting FTN has sufficient capacity to successfully complete large, multidisciplinary projects. We have a staff of additional civil engineers, three construction inspectors, and a professional surveyor. These professionals are supported by full time CAD/GIS operators/engineering technicians and word processors/administrative personnel. As with any consulting practice, FTN attempts to maintain a steady backlog of work and currently does so. However, FTN strives to ensure that staffing needs are assessed regularly and that additional staff is employed based on expected future needs and not as a reaction to work load demands at a given time. Internal resource tracking measures allow senior management to maintain an up-to-date view of resource needs and make adjustments when necessary to meet specific project demands. Mtn FTN's extensive water resource experience dates back to the early 1980s. Over the past 40 years, approximately 90% of our business represents repeat clients, attesting to the quality of our product and its timely completion within performance schedules. We have also received ACEC Engineering Excellence Awards for our drainage studies, water quality controls, water resources, wetland treatment systems, and remediation projects, including an award for the Rogers Streambank Restoration and Stabilization and honorable mention for the State of Arkansas Base Level Engineering projects Our first table in this section is a compilation of our staff experience by regulated media and demonstrates our depth and breadth of experience throughout FTN's service areas Table 3.2 is a list of selected projects completed by FTN, including the following: ♦ The specific work involved, and ♦ How long each project took to complete. Table 3.3 includes the same projects from Table 3.2 and illustrates FTN's areas of expertise employed on these projects. Detailed descriptions of selected experience and past projects are included in Appendix B. Mtn c. U C4 � •o `° w N y L p O �+ � �+ CLQr L.J. Beshoner, PE, CFM B.E. Bodwell, EI A.B. Bogart, EI J.A. Brooks, PE ♦ ♦ • A.A. Chakrabarti, PhD, EI P.W. Crawford, PE, PG K.P. Criswell, EI K.M. Davis D.L. Derrington, PG, PE K.K. Dhital, PE, CFM R.O. Dodds, PE K.L. Farmer, III, PE, CFM D.E. Ford, PhD, PE J.J. Ghidotti, PE B.J. Griffis J. Harper, PhD, CPAg G. He, PhD R.S. Jadhav, PhD, PE, D.WRE L.S. Johnson, PE, CFM M.C. Johnson, PE, CFM M.S. Koch A.A. Kreps, PE C.R. Laurin C.H. Li K. H. Lin, EI P.H. Massirer, PE Mtn c. U C4 � •o `° Uw E.F. Necaise C.L. Nunn, PG F.K. Oakley A.J. Pruitt, GIT J.M. Rigsby J.J. Rogers K.L Schanke N.V. Schoggin, PE A. Shrestha, EI C.N. Siria, EI J.N. Siria S.S. Sorourian, PhD, EIT C.K. Spears, PE G.S. Spontak E.W. Studebaker, PG M.J. Taake, EI K. J. Templet, EI B. Thakur, EI K.W. Thornton, PhD G.E. Tucker, PhD, PWS H.E. Turner M.M. Vaught, PE S.R. Wacaster R.E. Wieda, PE L.F. Willis S.P. Wray Mtn Table 3.2 Selected projects completed by FTN. Project Name I Description of Work Jonesboro Water and Light UAA FTN completed a Use Attainability Analysis (UAA) for the Westside Wastewater Treatment Plant. This led to revised water quality standards in the receiving stream. Fayetteville Drainage Criteria FTN prepared an updated drainage manual for the City updating floodplain requirements, incorporating changes Manual update with Low Impact in City code, addressing water quality and providing design and construction guidance for 12 different Green Development component Stormwater Practices for Low Impact Development. City of Rogers, AR FTN performed floodplain studies for the City of Rogers, AR, to update the FEMA Flood Insurance Rate Maps, Master Drainage Plan including hydrologic and hydraulic modeling and digital GIS databases and mapping for 15 streams (over 29 stream miles) within the City. FTN, through its contract with the Arkansas Natural Resources Division (ANRD), was contracted to perform an Washington County, AR updated countywide Flood Insurance Studies (FIS) for Washington County and their incorporated communities. Risk MAP Flood Insurance Study The project entailed identifying needs for new studies and restudies, maintaining coordination with project Revision stakeholders throughout the project, processing terrain and survey data, performing hydrologic and hydraulic modeling, and floodplain mapping. FTN development a watershed -wide hydrologic and hydraulic analysis for the Lake Fayetteville watershed to Lake Fayetteville Spillway determine the spillways current capacity to determine its ability to meet State Dam Safety requirements. After Feasibility Analysis developing the current capacity, FTN was tasked with developing conceptual spillway feasibility scenarios to help the dam meet State permitting requirements. FTN performed an in-depth analysis of drainage issues in a portion of the downtown area after the area started to City of Bentonville Downtown experience redevelopment with small homes being replaced with much larger structures. The City wanted to Master Drainage Analysis evaluate the potential increase in runoff volumes for the area due to the increased impervious area of each lot. Additionally, FTN evaluated the current stormwater system to determine the level of service it was currently providing. FTN performed an in-depth 1 D/21) hydrologic and hydraulic analysis for the upstream portion of Middle Fork Linda Jo Drainage Improvement Hamestring Creek in the City of Fayetteville. This analysis evaluated the current stormwater system and the Feasibility Study potential for detention and channel improvements throughout the watershed to attempt to reduce flooding within the watershed. The results of this analysis revealed a solution to localized drainage issues near Linda Jo Place and Sang Avenue. Mtn Table 3.3 Selected Project Experience by Service Area. QJ _ 1 L � E Con Jonesboro Water and Light UAA Fayetteville, AR Drainage Criteria Manual City of Rogers, AR Master Drainage Plan Washington County, AR Risk MAP Flood Insurance Study Revision Lake Fayetteville Spillway Feasibility Analysis City of Bentonville Downtown Master Drainage Anal sis Linda Jo Drainage Improvement Feasibility Stud Mtn FTN has had an office in Fayetteville for over 20 years. Our office is located only minutes from City offices. Our employees are familiar with City of Fayetteville staff, the geography, and infrastructure of the City. FTN has performed numerous water and floodplain related studies within Fayetteville. We prepared the 2014 Drainage Criteria Manual for the City of Fayetteville, as well as providing assistance with the Use Attainability Analysis for the Noland Waste Water Treatment Plant. FTN has also updated the City of Fayetteville, Washington County Flood Insurance Rate Maps for FEMA and has completed the Risk Assessment portion of the ongoing Washington County Flood Insurance Study Revision as part of FEMA's Risk MAP program. FTN is currently working on the 2nd Phase of the Lake Fayetteville Spillway Analysis Project and completed hydrologic and hydraulic analyses in the Upper Hamestring Watershed. Mtn Listing of Consultants FTN uses a variety of consultants who have brought special skills to projects during our over 40 years of service. Our company has developed long-standing relationships with trustworthy and competent consulting firms. FTN's selection of consulting firms is dependent on the specific needs of the project and the client and will be provided with each specific project for which we are selected. Registered Professional Engineer All plans, specifications, etc. will be developed under direct supervision of, and sealed and signed by an Arkansas registered Professional Engineer. FTN Associates, Ltd. is a registered engineering firm in Arkansas, with Certificate of Authorization No. 63. Arkansas Registered Professional Surveyor As FTN does not perform Professional Surveying, any property or land surveys will be performed to Arkansas Minimum Standards and will be supervised, sealed, and signed by an Arkansas Registered Professional Surveyor as part of a subconsulting agreement. Required SOQ Forms The forms required to be submitted as part of this response are completed and have been included as Appendix C of this document. Mtn APPENDIX A Resumes of Key Personnel Specialty Experience Hydrology & Hydraulics ♦ Has over 20 years of experience in water resources investigations including hydrologic and hydraulic Skill Areas analyses and modeling; water quality modeling; and Surface Hydrology and Hydraulics engineering design in diverse urban and rural riverine Modeling/Model Development environments. Hydraulic Design Engineering ♦ Has over nine (9) years of experience in project Water Resources management of water resources and GIS-related Reservoir Operations projects. Water Quality Modeling Hydraulics and Hydrology Unsteady Flow Analysis ♦ Is currently serving as the Project Engineer for FTN Dam Breach Modeling for the State of Arkansas's Cooperating Technical Partnership (CTP) with FEMA. Education ♦ Served as a Project Manager, project engineer and/or BS, Civil Engineering, 2002 independent QA/QC reviewer for FEMA IDIQ University of Arkansas contracts for a Joint Venture under FEMA's Map Fayetteville, Arkansas Modernization Program. Graduated: magna cum laude ♦ Served as hydraulic modeler to develop and perform advanced unsteady flow hydraulic modeling for a BA, Mathematics & Physics, 2000 nuclear power plant's Nuclear Regulatory University of the Ozarks Commission permit renewal. Clarksville, Arkansas ♦ Served as a project manager and/or project engineer on Graduated: magna cum laude numerous CLOMR/LOMR/LOMA studies for FEMA and No -Rise Analyses for local governments. Professional Registrations ♦ Served as a Project Manager for development of Professional Engineer floodplain development permits and site -specific Arkansas # 12942 Stormwater Pollution Prevention Plans using Best Louisiana #35184 Management Practices for Natural Gas Well pads in Mississippi #25884 Northern Louisiana, Central Arkansas, and West Missouri # 2008007791 Texas. Oklahoma # 23198 Stormwater Texas #116503 ♦ Responsible for providing GIS and MS4 mapping and field reconnaissance support to Washington County, Professional Affiliations Arkansas, as part of its efforts to comply with the State Association of State Floodplain of Arkansas' MS4 General Permit requirements. Managers Arkansas Floodplain Management ♦ Responsible for providing initial and follow-up Association reviews of floodplain and stormwater issues and permit submissions for Benton County, Arkansas. Certifications Certified Floodplain Manager, 2006 water Quality ♦ Project engineer for development of water quality models for Dissolved Oxygen (DO) TMDLs in southern Louisiana. GIS Experience ♦ Uses GIS software (ArcGIS, AutoDesk) to develop, perform, and oversee multiple projects involving aerial assessments, flood inundation mapping, performing hydrologic and hydraulic modeling, and to database development and maintenance. Specialties Civil Engineering Design Services Hydrologic and Hydraulic Modeling Skill Areas Design Services Site Grading Plans Surface Hydrology and Hydraulics Modeling/Model Development Stormwater Management Erosion and Sedimentation Control National Pollutant Discharge Elimination System (NPDES) Stormwater Permitting Flood Insurance Studies (FISs) Education BS, Civil Engineering, 2005, University of Arkansas, Fayetteville Professional Registrations Professional Engineer AR No. 14253 MO No. 2015035113 OK No. 28303 LA No. 43734 Professional Certification Certified Floodplain Manager Arkansas No. 07-00149 Professional Affiliations National Society of Professional Engineers (NSPE) Arkansas Society of Professional Engineers (ASPE) Arkansas Floodplain Management Association (AFMA) =Ztn Experience ♦ Over 18 years of experience in civil engineering experience including water resources modeling and design, site design, including grading, water, sanitary sewer, and storm sewer design, utility construction, as well as project coordination, review and permitting at the community, state and federal levels. ♦ Stormwater management and pollution prevention, NPDES stormwater permitting, land development, site grading, cost estimating and infrastructure planning and design. ♦ Culvert design and bridge sizing, highway drainage, storm sewer networks, detention/retention basins and modeling programs to analyze hydrologic characteristics and flooding limits, computation of peak discharges, and delineation of floodplains. ♦ Working with Federal Emergency Management Agency (FEMA) on floodplain mapping, the Map Modernization Program, and regulatory issues and requirements. ♦ Field reconnaissance, data collection, and GIS analysis for hydrologic and hydraulic studies, master drainage planning, flood plain mapping, and DFIRM database productions. Engineering Services ♦ Project engineer responsible for stream restoration / bank stabilization, using principles of fluvial geomorphology, for an approximately 2000 ft reach of an unnamed tributary to Lake Atalanta in Rogers, AR. Project also includes pedestrian trail design, sediment collection basin design, and culvert sizing and design. ♦ Project manager and engineer responsible for ongoing urban drainage study in downtown Bentonville, AR. Developed 2D overland flow model linked to 1D subsurface storm sewer system to evaluate planned improvements and provide recommendations for further drainage improvements. ♦ Project engineer for ongoing drainage improvement /stream restoration project in Bentonville, AR. Developed new hydrologic and hydraulic models for the watershed. Design to incorporate/restore natural channel morphology where possible. Floodplain Management Responsible for developing and performing hydrologic and hydraulic modeling and analyses, flood zone mapping and for developing and performing DFIRM database and report preparation for FEMA Flood Insurance Studies for multiple counties in the State of Arkansas and parishes in the State of Louisiana, in accordance with the FEMA Map Modernization Program. Specialty Section 404 Wetlands Aquatic Ecology/Aquatic Toxicology Use Attainability Analysis (UAA) Skill Areas Section 404 Wetland Delineations and Permitting Fisheries Biology Aquatic Toxicology Water Quality/Limnology Fish Tissue Contamination Rapid Bioassessment Education BS, Biology, 2004 Henderson State University MS, Fisheries and Wildlife Science, 2009 Arkansas Tech University Professional Affiliations American Fisheries Society Society of Environmental and Chemistry (SETAC) Experience ♦ Over 16 years project experience as an Aquatic Ecologist with working knowledge and extensive project experience with regulatory issues under Section 404 of the Clean Water Act, Section 10 of the Rivers and Harbors Act, the Endangered Species Act, the National Environmental Policy Act (NEPA), and environmental regulations and legislation. ♦ Served as Project Manager for over 100 Wetland, Green Tree, Threatened and Endangered Species, and Water Quality projects. Wetlands ♦ Extensive project experience with aquatic, wetland, bottomland hardwood, and upland habitats and with Section 404 wetland delineations, permit applications, preparation of mitigation plans, and mitigation monitoring in the Mississippi River Delta region and other parts of the Gulf South region. ♦ Extensive project experience with development, Section 404 permitting, and monitoring of Green Tree Reservoirs (GTRs) in Mississippi River Delta region. ♦ Project experience with resolution of Section 404 enforcement actions by the US Army Corps of Engineers. Threatened and Endangered (T&E) Species ♦ Team member on annual trap and release field surveys for American Burying Beetle conducted at the 65,000-acre Fort Toxicology Chaffee Joint Maneuver Training Center by FTN since 2007. ♦ Experience as team leader for field surveys for fat pocketbook mussel and rabbitsfoot mussel. ♦ Experience with care, maintenance, and breeding of multiple threatened and endangered fish species. Water Quality ♦ Project experience in designing, implementing, and analyzing biological and water quality investigations in streams, lakes, and reservoirs. ♦ Project experience in developing site -specific water quality standards through the use of water effects ratios, other toxicity - based studies, and field assessments. ♦ Project experience in water quality studies using rapid bioassessment protocols, including collection, identification, and preservation of fishes and benthic macroinvertebrates. ♦ Project experience in conducting Use Attainability Analyses (UAAs). Environmental Assessments Biological Surveys ♦ Extensive project experience in conducting surveys and preparing reports related to Botany, Ornithology, Ichthyology and Fisheries, Entomology, and Wildlife Ecology. NEPA Investigations ♦ Extensive project experience with Environmental Assessment (EA), Biological Assessment (BA), and Categorical Exclusion (CE) projects according to NEPA requirements. Specialty/ Skill Areas Experience Environmental Assessment ♦ Has over 17 years' experience as an environmental Field Sampling Services consultant. Wetlands ♦ Experienced in all phases of environmental and Environmental Monitoring and ecological studies including project planning, field Assessment surveys, data analysis, and report preparation. Water Quality Assessment Environmental Science ♦ Extensive field project experience with stream, wetland, bottomland hardwood, and upland habitats throughout Arkansas. Education BS, Environmental Science, Wetlands Biology emphasis, 2004, University ♦ Project team leader in conducting numerous wetland of Central Arkansas delineations throughout Arkansas. ♦ Extensive experience in obtaining Section 404 permits Certifications (Little Rock, Memphis, and Vicksburg USACE Districts). OSHA 40-Hour Hazardous Waste ♦ Project team leader in preparing and implementing Operations and Emergency Response numerous mitigation plans for Section 404 projects. training MSHA Safety Training Environmental Assessments ♦ Project team member on numerous Biological Assessments (BAs) related to gas well exploration project areas. ♦ Project team member on several Environmental Assessment (EA) projects related to highway construction/reconstruction Arkansas. ♦ Project team member on Biological Evaluations (BEs) in National Forests in Arkansas. ♦ Project team leader on various threatened and endangered species surveys. Water Quality ♦ Field team leader in conducting ground water and surface water sampling events. ♦ Field team leader, stormwater sampling events. ♦ Project team member, fish and benthic invertebrate sampling and identification. ♦ Data analysis and report preparation for multiple Total Maximum Daily Load (TMDL) allowances in Arkansas and Louisiana. Soils ♦ Field team leader, surface and subsurface soil sampling proj ects. Report Preparation ♦ Extensive project experience at preparation of EA, BA, BE, stormwater, and wetland delineation reports as well as various technical memorandums and other documents. to Specialty Geology Skill Areas Site Investigations Groundwater Monitoring Data Management and Analysis Education BA, Biology, 1993 Hendrix College MS, Geology, 2003 University of Arkansas Professional Registrations Professional Geologist Arkansas #1873 Licensed Geologist Kansas #716 Registered Professional Geologist Mississippi #837 Professional Geoscientist Louisiana #270 Professional Affiliations Geological Society of America National Ground Water Association American Institute of Professional Geologists Certifications 40-Hour Hazardous Waste Operations and Emergency Response (29 CFR 1910.120) Mtn Experience ♦ Over 19 years of environmental consulting experience, including five years as a project manager, in the areas of solid, hazardous, and radiological waste contaminant evaluations. ♦ Extensive experience conducting subsurface geological investigations and data analysis related to site cleanups and regulatory compliance programs. ♦ Designed numerous groundwater monitoring networks for contaminant detection and assessment, regulatory compliance, and remediation effectiveness monitoring. Site Investigations ♦ Performed comprehensive site assessments (CSAs) at abandoned or underutilized properties identified by ADEQ as posing a potential threat to human health and/or the environment. Sites include former fuel stations, drycleaners, electroplating facility, aluminum smelter, transformer oil recycling facility. ♦ Project Manager for groundwater studies at nuclear power plants in Arkansas, Louisiana, and Mississippi. Designed and conducted hydrogeologic site investigations to identify the sources of groundwater contamination in accordance with Nuclear Energy Institute guidance. ♦ Served as Project Hydrogeologist during the site investigation, remediation, and closure of a low-level radioactive and hazardous waste landfill owned by the University of Arkansas. ♦ Conducted and/or managed Phase I and Phase II Environmental Site Assessments of agricultural, residential, and industrial properties in accordance with ASTM standards. Groundwater Monitoring ♦ Served as Project Manager or Site Hydrogeologist for various long-term groundwater monitoring projects including: • Nuclear power plants in Arkansas, Louisiana, and Mississippi. • Low-level radioactive hazardous waste disposal facility in northwest Arkansas. Data Management and Analysis ♦ Developed site conceptual models to describe groundwater flow, predict future contaminant migration, and identify potential sources. ♦ Authored site investigation and groundwater monitoring reports for submittal to state regulatory agencies and industry groups. Specialty Environmental Permits and Planning Skill Areas National Pollutant Discharge Elimination System (NDPES) Permits Stormwater Permits Water Quality Modeling Total Maximum Daily Load Modeling Flood Studies Education BS, Agricultural Engineering, 1991 University of Missouri BS, Agronomy, 1992 University of Missouri MS, Agricultural Engineering, 1993 University of Missouri Professional Registration Professional Engineer Arkansas No. 9420 Certifications Certified Nutrient Management Planner Mtn Experience ♦ Over 28 years of experience in the environmental field. ♦ Spent 7 years with the Arkansas Department of Environmental Quality as an NPDES and State Water permit writer. ♦ Spent one year with the Missouri Department of Natural Resources as an NPDES permit compliance inspector for municipal and industrial facilities. ♦ Knowledge of state and federal water quality regulations and is the NPDES permitting expert for FTN. NPDES Permits ♦ Attended EPA -sponsored NPDES Permit Writer's Course. ♦ Provided technical support to several municipalities and industries in Arkansas, Missouri, Oklahoma, Texas, Louisiana, Mississippi, Alabama, and North Carolina regarding federal and state regulations, permit applications, and NPDES permits. ♦ Applied state and federal regulations and water quality standards in the preparation of municipal and industrial wastewater discharge and no -discharge permits. ♦ Evaluated technical feasibility of proposed wastewater treatment systems to meet applicable effluent limitations using calibrated desktop models, effluent guidelines, and engineering judgment. ♦ Participated in implementation of Arkansas water quality standards for heavy metals. Stormwater ♦ Prepared Stormwater Management Plans (SWMPs) for the City of Little Rock and the City of Fort Smith to meet requirements of NPDES and general municipal separate storm sewer system (MS4) permits. ♦ Prepared Stormwater Pollution Prevention Plans (SWPPPs) for industrial facilities and construction projects in Arkansas, Texas, Mississippi, and Louisiana. ♦ Served as regulatory advisor for stormwater drainage system mapping under MS4 permit for municipalities in Arkansas. Water Quality Modeling ♦ Assisted in development of Total Maximum Daily Loads (TMDLs) for dissolved oxygen (DO), nutrients, minerals, and metals for streams in Arkansas and Louisiana. Conducted water quality modeling for DO and metals for various municipal and industrial clients in Arkansas. APPENDIX B Past Projects and Experience Client City of Fayetteville Project Location Fayetteville, Arkansas Contact Corey Granderson Utilities Engineer City of Fayetteville, Arkansas (479) 444-3452 FTN Project Manager Lee Beshoner, PE, CFM Project Dates 2020 - Ongoing The primary tasks in the study included performing new hydrologic modeling for the watershed and developing detailed hydraulic modeling, including 2-Dimensional HEC-RAS models, for existing and proposed conditions, evaluating alternative spillway configurations developing conceptual designs for preferred alternatives and developing feasibility level opinions of probable construction cost for spillway modifications. Lake Fayetteville was formed in 1949 when the City of Fayetteville (the City) completed construction of the Lake Fayetteville Dam, which created the reservoir to serve as the City's water supply until the development of the Beaver Water District in 1957. Since that time, the lake has provided a source of recreation for the citizens of Fayetteville and the surrounding areas. In October 2018, the Arkansas Department of Agriculture's, Natural Resources Division (ANRD), the agency in charge of regulating dam safety in Arkansas, performed an annual inspection of the dam. As the Lake Fayetteville Dam is classified as an intermediate size and high hazard dam, the spillway must be capable of safely passing the Probable Maximum Flood (PMF). From reported calculations for the spillway, ANRD records indicated that the spillway could only handle 50% of the PMF event. As a result of this information, the City retained FTN Associates, Ltd. (FTN) to evaluate various options for the possible modification of the Lake Fayetteville spillway. The first objective was to determine the current inflows to the lake produced by the contributing watershed for both the current condition and future conditions. The second objective was to determine the current spillway capacity up to the point the dam would be overtopped, which utilized a 2-Dimensional hydraulic model for the lake and downstream areas. As part of these objectives, FTN worked with surveyors to perform an updated topographic survey for a portion of the dam embankment, the entire approach channel, exit channel, and spillway structure. Currently, FTN is working on a feasibility study to evaluate alternative spillway modifications and configurations for Lake Fayetteville. The primary goal is to develop alternatives that will not require too drastic of changes to the lake, which may harm the lake's recreational function. Mtn Client City of Fayetteville Project Location Fayetteville, Arkansas Contact Alan Pugh Staff Engineer City of Fayetteville Fayetteville, AR 72712 (479) 575-8208 FTN Project Manager Lee Beshoner, PE, CFM Project Dates 2020 - 2021 Budget $28,900 Throughout the last few decades, the City of Fayetteville (the City) has experienced multiple flood events ranging in size and intensity that have impacted streets and property. As part of the City's efforts to solve local drainage hot spots, the City contracted with FTN Associates, Ltd. (FTN) to evaluate an existing flood prone area in the Middle Fork Hamestring Creek Watershed by performing a drainage analysis to determine the current drainage system's conveyance capabilities and to develop conceptual level drainage scenarios for consideration to try and reduce the local flooding issues. Project tasks included the following: ♦ Worked with City staff to obtain existing plan information and performed field reconnaissance to gather additional information for the subsurface and surface storm drainage network. ♦ Developed a quasi -two-dimensional hydraulic model of the area, analyzing both surface and sub -surface flow, using PC-SWMM, a specialized version of the EPA-SWMM (Storm Water Management Model). ♦ Incorporated rain -on -grid hydrologic modeling for multiple storm events to determine runoff from each individual cell of the two- dimensional surface grid to be routed through the stormwater system. ♦ Developed model scenarios to represent current conditions (prior to any improvements) and potential drainage improvement conditions (e.g., improvements to drainage infrastructure, etc.). ♦ Prepared floodplain boundary mapping, depth grids, and storm animations to help visualize and prioritize areas for potential improvements. ♦ Proposed several solutions to address existing and future drainage problems, including surface detention improvements and storm sewer capacity improvements. Client City of Bentonville, Arkansas Project Location Bentonville, Arkansas Contact City of Bentonville Engineering Department Dan Weese, PE (479) 271-5966 Dennis Birge, PE (479) 271-6840 FTN Project Manager Kale Farmer, PE, CFM Project Dates 2015 to 2017 — Limited Analysis 2019 to 2021 — Master Drainage Analysis ♦ In 2016, Bentonville requested that FTN perform an in-depth analysis of drainage issues in a portion of the downtown area. The area in question had begun experiencing redevelopment; with small homes being replaced with much larger structures. The City wanted to evaluate the potential increase in runoff volumes for the area due to the increased impervious area of each lot. Additionally, FTN evaluated the current stormwater system to determine the level of service it was currently providing. ♦ FTN worked with City staff, an aerial photogrammetry firm, and a local surveying subcontractor to obtain detailed topographic and base map data of the project area. This included a detailed survey of the sub -surface storm drainage network and ground truthing for the photogrammetry. ♦ Based on the above, FTN developed a two-dimensional hydraulic model of the area analyzing both surface and sub- surface flow and drainage using PCSWMM, a program that links a 2D surface water model to EPA's widely -used SWMM (Storm Water Management Model). This model incorporated rain -on -grid hydrologic modeling - a potentially more accurate way to determine runoff from an area compared to conventional methods that average input parameters over an entire subwatershed. ♦ FTN proposed several solutions to address existing and future drainage problems, including surface and sub -surface detention, storm sewer capacity improvements, and regulation/ordinance revisions. FTN also worked with the City to identify several parcels within the study area that had potential for use as detention basins, including limited analysis of current value, and identified areas where sub- surface detention would be most beneficial. ♦ Based on these efforts and previous experience in the City of Bentonville, FTN was selected to perform studies across the downtown area as part of a Master Drainage Analysis. ♦ FTN studied four separate watersheds using the methodology described above to identify areas of potential drainage improvement and develop recommendations to address the drainage infrastructure needs for the entire downtown Bentonville area. The proposed improvements included storm sewer trunk line locations, ditch or storm sewer lateral line modifications, and potential detention locations. Some of these identified improvement areas were included in Bentonville's most recent Drainage Bond program. ♦ FTN also assisted the City with grant applications by developing conceptual plans and cost estimates, as well as performing Benefit -Cost Analyses using the FEMA BCA Toolkit. Client: City of Rogers, Arkansas Project Location: Rogers, Arkansas Contact: City of Rogers Planning & Transportation Department Lance Jobe, Project Engineer (479) 621-1186 FTN Project Manager: Kale Farmer, PE, CFM Project Dates: 2012 — 2014 Budget: $368,000 4Z=tn Approximately 700 ft of Pleasant Ridge Road on the east edge of the City of Rogers was experiencing failure or was at immediate risk of failure. The primary contributing factors were the rapid incision and bank erosion of a stream channel (Unnamed Tributary to Lake Atalanta) adjacent to the road. This incision had been noted to occur during precipitation events as small as 3 inches in 24 hours, with subsequent slope raveling/mass wasting of the road embankment and opposite slope ongoing between precipitation events. Both bank slopes were bare in areas and marginally stable along this reach, with an average slope of 0.5H:1 V, becoming nearly vertical at some locations where the top of the 13 to 16 ft deep left bank slope met the edge of pavement. Localized piping of backfill behind an existing retaining wall created a void with the risk of sinkhole formation in the road. The proposed stream restoration required: ♦ Use of HEC-HMS to develop stream hydrographs and HEC-RAS to model hydraulic stream parameters in both super- and subcritical flow regimes to develop solution to stream incision / erosion issues. ♦ Providing additional channel capacity for larger, less frequent flood events to help reduce likelihood of road flooding in overbanks while reducing overall computed proposed channel velocities for the range of discharges associated with precipitation up to and including the 50- year, 24-hour event. ♦ Final design, incorporating very steep left (east) bank slope to accommodate guardrail and steep angle/drop between top of road and channel, consisting of geosynthetic drainage layer and cement -stabilized limestone screenings behind stone gabion basket wall replaced conventional slope repair that would not work with limited available space. ♦ Limited stream impacts to meet USACE Stream Restoration criteria, implement applicable USFWS Karst Best Management Practices around springhead, and comply with ADEQ construction stormwater permit. ♦ Meeting time constraints for repairs to minimize closure of one lane (begin after the spring rainy season and complete prior to resumption of public school in the fall). ♦ Designing and construct project for roadway stability, public safety and aesthetics. Client City of Fayetteville Project Location Fayetteville, Arkansas Contact Chris Brown, PE City of Fayetteville City Engineer (479) 575-8206 FTN Project Manager Kale Farmer, PE, CFM Project Dates 2011-2014 Budget $200,100 =Ztn The City of Fayetteville has experienced significant growth in residential, commercial and infill developments over the past decade. In an effort to minimize environmental impact and encourage green infrastructure, the city developed an engineering low -impact development (LID) guidance manual for individuals and developers. Some existing city ordinances and typical drainage design approaches described in the drainage criteria manual (DCM) posed substantial barriers to the implementation of LID practices. Through the work of the FTN project team, city staff, and a group of external stakeholders, these barriers were identified and categorized. Throughout the development of the LID chapter and the DCM, these barriers were addressed or mitigated to encourage the implementation of LID in new and infill developments. The project included the following ♦ Evaluation of existing LID manuals from a wide range of localities to select methods and techniques that were best suited to Fayetteville. ♦ Thorough examination of existing city code and drainage design criteria to identify barriers to LID implementation. ♦ Participation with, and evaluation of comments from, a city - organized stakeholder group consisting of city staff, representatives from local architectural and engineering firms, faculty from the University of Arkansas, and the project team. ♦ Update and enhancement of the existing DCM to address design criteria including channel protection, water quality, and flood prevention, as well as development of a stand-alone LID guidance chapter. The LID chapter included runoff reduction methodology with a wide range of suggested green stormwater practices (GSPs) for application to site -specific conditions. Client City of Russellville Project Location Russellville, Arkansas Contact City of Russellville PO Box 428 Russellville, AR 72801 FTN Project Manager Marc C. Johnson, PE, CFM Budget $220,000 Prairie CN. View: r 9-USFue r 2-DSFue r 3-US r S.BS LOB r 6-DS �' 7-DS ROB View Description: Upstream Face Detroit Ave. r 4-US LOB r 8-US ROB RriM Photo File Name: c:lrusslvllphotos\PC_03p73.p1 .Close Eight photos are stored for each bridge in the database. =Ztn The City of Russellville, Arkansas, experienced increasing amounts of flooding due to development within the drainage basin and an aging and deteriorating drainage system. The City's 15-square-mile drainage system has 28 sub -basins; 106 bridges, culverts, or pipeline crossings; and 29 tributary streams. FTN Associates, Ltd. (FTN) developed a master stormwater plan, a draft stormwater drainage ordinance, and a design manual for the City. The project was awarded the Outstanding Engineering Project by the Arkansas Chapter of the American Council of Engineering Companies. The project included: ♦ Developing and implementing a public participation program to help identify flood -prone areas. ♦ Preparing an inventory of all hydraulic structures crossing the streams (bridges, culverts, and pipelines) in all the drainage basins. ♦ Developing a hydraulic structures database complete with panoramic photos; the database can be easily updated by City staff. ♦ Hydrologic and hydraulic modeling of existing and proposed improved conditions for multiple frequency. ♦ Developing a list of feasible flood reduction measures. ♦ Modeling flood reduction measures including channel improvements, detention basins, and bridge/culvert replacements. ♦ Developing a stormwater drainage ordinance including design guidance. ♦ Estimating costs for recommended improvements and prioritizing improvements. ♦ Mapping inundated areas for existing and proposed improvement conditions. Roadway overtopping. Client Entergy Services, Inc. Project Location Pine Bluff, Arkansas Contact Entergy Services PO BOX 551 Little Rock, AR FTN Associates, Ltd. (FTN) performed HEC-1 and UNET modeling to evaluate causes of historical flooding at Entergy's Systems Operations Center (SOC) where power is now scheduled for their entire grid. Entergy cannot tolerate flooding to this vital center. Consequently, FTN evaluated the impact of ultimate development conditions and determined preliminary alternatives for preventing flooding at the site for up to the 1% annual occurrence flood (i.e., a flood of the magnitude that it is only like to occur once within a 100 years). This also had to be done without increasing downstream flooding for a residential neighborhood. The solution was the replacement of constricting culverts just downstream of the SOC and the addition of a side stream diversion weir and detention 72203 pond. FTN designed the improvements and prepared construction documents and Section 404 permit documentation for the project. FTN Project Manager Roger O. Dodds, PE Budget $30,000 r' --------------- =Ztn Client City of Sherwood Project Location Sherwood, Pulaski County, AR Contact City Engineer City of Sherwood PO Box 6256 Sherwood, AR 72124-6256 (501) 835-1274 FTN Project Manager Linda S. Johnson, PE, CFM Project Dates 2012 to 2014 Budget NTE $200,000 o® City o/ Sherwood f Ny�.O 4Nm untl Sadlory S.�n. Mqn Bod Ib.,. �uyml 17 v...ai �w Nytl' lS Mtn The City of Sherwood contracted with FTN to assist with I)mapping of the City's Municipal Separate Storm Sewer System (MS4) as required by their MS4 General Permit and 2) gathering information to be used for additional drainage studies. The MS4 map must include the locations of all outfalls from the MS4 and the names and locations of surface waters that receive discharges from those outfalls. The map must also include the entire MS4 system, including inlet and outlet points and connectivity (e.g., catch basins, pipes, ditches, and public and private stormwater facilities). FTN prepared a digital base map of the City that included information relative to the MS4 map (e.g., corporate limits, roads, NHD streams). The digital map also included development of a grid system (coordinated with their existing sanitary sewer system mapping) to assist in the location of MS4 system components during the field identification and verification stage. A GIS database was used to capture the pertinent data required for the MS4 map as well as to allow for additional data to be entered for use in creating an inventory of the City's storm drainage infrastructure and to support future drainage project needs (e.g., pipe sizes, invert elevations, etc.). FTN reviewed the City's files to identify and index the available data relative to the MS4 map. All of the available data were entered into the database and areas of data deficiencies were identified. To assist with identification of other existing drainage features, aerial photography, and contour data of the City was reviewed to locate catch basins, outfalls, drainage channels, and other relevant drainage features. FTN also supplied support for the field identification and verification of the MS4 drainage system. To assist the City in its compliance with part of the MS4 permit's public outreach requirement, FTN prepared a questionnaire to be distributed to the citizens of Sherwood. APPENDIX C Qualification Summary Form CITY OF FAYETTEVILLE ARKANSAS 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. City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services Page 1 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. City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services Page 2 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 City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services Page 3 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 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. 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. 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. SWs 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 %" 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. 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. City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services Page 4 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. City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services Page 5 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." F�#:�[�IG��l�11�1�11t�Y�1/_�_PI�1�I.���1L�IItI�I►� 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. City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services Page 6 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. 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 RFQshall impose no obligation on the City to utilize the vendor for all work of this type, which may develop during the contract period. This is not an exclusive contract. The City specifically reserves the right to concurrently contract with other companies for similar work if it deems such an action to be in the City's best interest. In the case of multiple -phase contracts, this provision shall apply separately to each item. 20. ADDITIONAL REQUIREMENTS: The City reserves the right to request additional services relating to this RFQ from the Proposer. When approved by the City as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such additional requirements as may become necessary. City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services Page 7 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 bid der's/propose r'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 City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services Page 8 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. 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. I. Proposers irrevocably consent that any legal action or proceeding against it under, arising out of or in any manner relating to this Contract shall be controlled by Arkansas law. Proposer hereby expressly and irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of jurisdiction or improper venue or any similar basis. 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. 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 City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services Page 9 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. City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services Page 10 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: FTN Associates, Ltd. NUMBER OF YEARS IN BUSINESS: 41 HOW LONG IN PRESENT LOCATION: TOTAL NUMBER OF CURRENT EMPLOYEES: 72 FULLTIME 62 16 PARTTIME 10 NUMBER OF EMPLOYEES PLANNED FOR THIS CONTRACT: FULLTIME PARTTIME 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 City of Hot Springs COMPANY NAME Hot Springs, Arkansas 71902 CITY, STATE, ZIP Denny McPhate, CFM CONTACT PERSON (501)321-6866 TELEPHONE (501) 321-6868 FAX NUMBER DMcPhate@cityhs.net E-MAIL ADDRESS 3 City of Springdale COMPANY NAME Springdale, Arkansas 72764 CITY, STATE, ZIP Ryan Carr, PE, POTE, CFM CONTACT PERSON (479)750-8114 TELEPHONE (479)750-8559 FAX NUMBER rcarr@springdalear.gov E-MAIL ADDRESS City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services Page 11 of 14 Arkansas Department of Agriculture Z Natural Resources Division COMPANY NAME Little Rock, Arkansas 72201 CITY, STATE, ZIP Whitney Montague, CFM CONTACT PERSON (501)682-3969 TELEPHONE (501)682-3991 FAX NUMBER whitney.montague@arkansas.gov E-MAIL ADDRESS 4 City of Fayetteville COMPANY NAME Fayetteville, Arkansas 72701 CITY, STATE, ZIP Alan Pugh, PE, CFM CONTACT PERSON (479)575-8206 TELEPHONE (479)575-8257 FAX NUMBER apugh@fayetteville-ar.gov E-MAIL ADDRESS 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: FTN Associates, Ltd. 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 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 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: FTN Associates, Ltd. Name of Primary Contact: Title of Primary Contact Lee Beshoner, PE, CFM Project Manager Phone Number: (479) 571-3334 E-Mail Address: ljb@ftn-assoc.com City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services Page 13 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 1 Lec i3E5Hotic 2 1-31-2023 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: FTN Associates, Ltd. PHYSICAL ADDRESS: 124 W Sunbridge, Suite 3, Fayetteville, Arkansas 72703 MAILING ADDRESS: Same as above PHONE: (479) 571-3334 FAX: (479) 571-3338 E-MAIL: ljb@ftn-assoc.com TAX ID #: 64-0642992 U E 1 #: Signed (By submitting ur response, ou certify that you are authorized to represent and bind your company): SIGNATURE:— PRINTED NAME: Lee J. Beshoner TITLE: Project Manager DATE: 1-31-2023 City of Fayetteville, AR RFQ 23-01, Engineering & Architectural Services Page 14 of 14 CITY OF FAYETTEVILLE ARKANSAS 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-vol l/pdf/CFR-2021-title2-vol l-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 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. 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. 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. 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 (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 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 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. 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. 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 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 lowertier 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 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 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 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 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. 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. 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 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. 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 ,acoRo° CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 1 8/ 1 /2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Molly Harmon HUB International Great Plains LLC PHONE FAX 11516 Miracle Hills Drive A/c No Ext: 402-964-5598 A/c No:402-557-6325 Suite 100 AMRESS: molly.harmon@hubinternational.com Omaha NE 68154 INSURED Olsson, Inc. 3 Innwood Circle, Ste 220 Little Rock AR 72211 INSURER A: Amerisure Mutual Insurance Company 23396 OLSSINC-02 INSURERB: Amerisure Insurance Company 19488 INSURERC: MSIG Specialty Insurance USA Inc 34886 INSURER D : XL Specialty Insurance Company 37885 INSURER E : Underwriters at Llovd's 10736 COVERAGES CERTIFICATE NUMBER: 1657679552 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MM DDY/YYYY EXP MM DDY/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CPP21194510302 1/1/2024 1/1/2025 EACH OCCURRENCE $1,000,000 CLAIMS -MADE � OCCUR DAMAGES( RENTED PREMISES Ea occurrence) $ 1,000,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY JE LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: B AUTOMOBILE LIABILITY CA 21194500301 1/1/2024 1/1/2025 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY A X UMBRELLA LIAB X OCCUR CU21194520202 1/1/2024 1/1/2025 EACH OCCURRENCE $10,000,000 AGGREGATE $ 10,000,000 EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE WC21194530202 1/1/2024 1/1/2025 PER OTH- X I STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBEREXCLUDED? NI N / A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 C Professional Liability MSTAEC-00010 1/1/2024 1/1/2025 PL Each Claim/Agg 5,000,000 D E Crime Cyber Liability ELU194665-24 ACS1191723 1/1/2024 1/1/2024 1/1/2025 1/1/2025 Employee Theft CyberClaim/Agg 2,000,000 5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) All carriers listed above have an AM Best Rating of at least A, XV. Pollution coverage is included in the Professional Liability policy if it arises out of the negligence of the insured in performing their professional services. General Liability, Auto Liability, and Workers Compensation/Employers Liability are underlying policies of the Umbrella Liability. Crime policy has $1,000,000 limit for forgery or alteration. Professional Liability policy is claims made, $500,000 deductible per claim. RE: Old PD Shooting Range Remediation City of Fayetteville is listed as additional insured as required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Fayetteville 113 West Mountain Street AUTHORIZED REPRESENTATIVE Fayetteville AR 72701 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD olsson Mtn May 6, 2024 City of Fayetteville AR 113 W Mountain St Fayetteville, AR 72701 RE: City of Fayetteville Lake Fayetteville R04370-2579-001 Dear City of Fayetteville AR: It is with great pleasure that Olsson, Inc., shares our excitement regarding our acquisition of FTN Associates, Ltd. On April 29, 2024, Olsson acquired the business, which includes employees, and existing FTN projects. Through our due diligence, we have learned and confirmed that FTN and Olsson have similar stances and values in taking care of our people (clients and employees alike) and providing a high -quality service. Prior to finalizing the acquisition, we reviewed all existing FTN contracts and have determined we are willing to assume the responsibility and risk for incomplete and on -going projects. To cover the risks associated with the existing projects, this work has been specifically endorsed onto Olsson's insurance policy. We will transmit to your attention under separate cover a new insurance certificate showing the coverage required as per the existing contract. Olsson agrees to the terms and conditions, as specified in the contract. Future work will be performed by the staff you are presently using, so you will incur no change of personnel or decline in productivity. FTN staff will have access to Olsson's full scope of services, and the talents and expertise of 1,900 employees. It is agreed that the funds to be paid to the assignee (Olsson, Inc.) under this assignment are subject to a prior lien for services rendered or materials supplied for the performance of the work called for in said contract in favor of all persons, firms, or corporations rendering such services or supplying such materials. Your signature is requested below acknowledging and approving the assignment of the contract to Olsson. Attached is a W-9 for Olsson, Inc., for your records. We look forward to continuing the relationships created with you and your organization. Sincerely, Paul Crawford FTN Associates, Ltd Client Representative for City of Fayetteville AR Jeff Jenkins, CFO Olsson, Inc.