(a) In the event funds from any sources for a municipal project other than revenues derived from a performance-based efficiency project exceed two million dollars ($2,000,000), excluding the cost of land, the provisions of this subchapter and all other provisions of this Code governing construction of public facilities, including, but not limited to, the provisions of § 22-9-201 et seq. at the election of municipalities shall not be applicable to the project if the selection and contracting process set forth in this section is followed.
(b) (1) The selection procedures for the construction manager, general contractor, architect, or engineer shall provide for solicitation for qualified, licensed professionals to submit proposals.
(2) The procedures shall assure the design and completion of the project in an expeditious manner while adhering to high standards of design and construction quality.
(3) A municipality shall:
(A) Publish notice of its intention to receive written proposals three (3) consecutive days in a newspaper of local distribution;
(B) Allow a minimum of ten (10) working days from the first date of publication for the professionals to send letters or resumes in response to the newspaper advertisement; and
(C) Provide additional means of notification, if any, as the municipality shall determine is appropriate.
(c) (1) (A) A preselection committee which shall be composed of at least three (3) members from the municipality shall review the proposals.
(B) The preselection committee shall select a maximum of five (5) applicants and schedule interviews.
(C) The municipality shall notify the finalists of their status.
(2) (A) The final selection committee shall be composed of the members on the preselection committee.
(B) The final interviews shall be held at the times and dates designated by the final selection committee.
(C) In selecting a general contractor, construction manager, architect, or engineer, the municipality shall consider established criteria, which shall include, but not be limited to, the following:
(i) The experience of the professional or professionals in similar projects;
(ii) The record of the professional or professionals in timely completion of the projects with high quality workmanship; and
(iii) Other similar matters to determine that the professional or professionals will complete the project within the time and budget and to the specifications set by the municipality.
(3) (A) The final selection committee shall make a formal recommendation to its governing body of the professional or professionals whom it determines to be in the best interest of the municipality.
(B) (i) Contracts for architectural, engineering, and land surveying professional consultant services shall be negotiated on the basis of demonstrated competence and qualifications for the type of services required and at fair and reasonable prices without the use of competitive bidding.
(ii) No rule or regulation shall inhibit a municipality's authority to negotiate fees for the services.
(d) (1) Construction contracts for the projects shall not be entered into without a payment and performance bond in the amount of the contract and any amendments thereto and shall provide for the manner in which the construction shall be managed and supervised.
(2) All project architects and engineers shall be properly licensed in accordance with the Arkansas State Board of Architects, Landscape Architects, and Interior Designers and the State Board of Licensure for Professional Engineers and Professional Surveyors.
(3) The construction manager or general contractor shall be properly licensed by the Contractors Licensing Board.
(4) (A) All subcontractors on the project shall be properly licensed by the Contractors Licensing Board.
(B) Any person who is not considered a contractor under § 17-25-101 et seq. may continue to perform subcontracting work under the provisions of this subchapter.
(e) The funds may be represented in whole or in part by a written pledge or commitment from a donor, provided that the municipality shall assure itself of the financial stability of the donor to fulfill the pledge or commitment.
(f) (1) All projects constructed pursuant to this section, to the extent applicable, shall be in accordance and compliance with:
(A) Section 17-38-101 et seq., regulating plumbers;
(B) Section 17-33-101 et seq., regulating the heating, ventilation, air conditioning, and refrigeration industry;
(C) The Fire Prevention Act, § 12-13-101 et seq.;
(D) Section 12-80-101 et seq., regarding earthquake resistant design for public structure;
(E) Americans with Disabilities Act Accessibility Guidelines, 28 C.F.R. pt. 36, App. A, adopted by the authority; and
(F) The minimum standards of the authority and criteria pertaining to projects constructed under this section.
(2) Notwithstanding anything in this section to the contrary, the provisions of §§ 19-11-801, 22-9-101, 22-9-103, 22-9-104, and 22-9-213, § 22-9-301 et seq., § 22-9-401 et seq., § 22-9-501 et seq., § 22-9-601 et seq., § 22-9-701 et seq., and all competitive bidding statutes shall remain in full force and effect and not be affected hereby.
(3) This section shall not authorize a design-build project contract.
Section:Last modified: November 15, 2016