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RES NO 02-04-2016 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. - y-2016 BE IT ENACTED BY THE CITY COUNCIL,FOR THE CITY OF VAN BUREN, ARKANSAS,A RESOLUTION TO BE ENTITLED: A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT FOR ENGINEERING SERVICES FOR THE CITY OF VAN BUREN, ARKANSAS, AND FOR OTHER PURPOSES. WHEREAS, the City of Van Buren,Arkansas desires to make various improvements within the City to include streets,drainage,bridges and sidewalks;and WHEREAS, in order to commence the projects and to seek grant funding,the City is in need of professional engineering services for the development of plans and designs,cost estimates,and supervision for said projects. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: SECTION I: The Mayor is authorized to enter into a contract(Exhibit"A")with Hawkins-Weir Engineers,Inc.to provide engineering services for the development preliminary engineering and designs,and cost estimates for the above listed projects. Payment for such engineering services and reimbursable expenses shall not exceed$25,000.00. IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt,by a vote of (p for and (`)against,ti- foregoing Resolution at its regular meeting held on the 22nd of February 2016. Robert D.Fre- Mayor ATTESTED: APPR 1 D AS TO FORM: atith - A 41 4.4 _ . Barbie Curtis ,• • . ettle City Clerk/Treasurer City Attorney LIAIHAWKINSWEIR ENGINEERS , I N C . Engineering Client Success February 17, 2016 HAND DELIVERY Honorable Bob Freeman, Mayor City of Van Buren, Arkansas 1003 Broadway Van Buren, Arkansas 72956 Re: Conceptual Planning for 2016 Capital Improvement Program HWEI Project No. 2016012 Dear Mayor Freeman: We appreciate the opportunity to submit this proposal for engineering services associated with conceptual planning for the 2016 Capital Improvement Program for the City of Van Buren, Arkansas. Our Basic Services will consist of conceptual planning for various projects that you have either identified or will identify as part of the City's 2016 Capital Improvement Program. These services may include preliminary engineering, surveying, cost estimating, and assisting with the preparation of any funding applications. The projects that you have identified are as follows: • Pointer Trail Sidewalk Project • Any other projects that you may identify in the future Our Basic Services does not include our preparation of Final Design Documents (i.e. Plans, Specifications, and Contract Documents), assistance during bidding or negotiating, or construction management services. We presume that once any of these projects are funded for construction by the City or a funding agency that we will separate these projects individually and negotiate an agreement for these engineering services. Our fee for Basic Services will be invoiced based on our Standard Hourly Billing Rates as compensation for services and expenses of principals and employees of Hawkins-Weir Engineers, plus any applicable Reimbursable Expenses. Our fee for these Basic Services will not exceed $25,000.00 without your written authorization. A copy of our Standard Hourly Billing Rate Structure is enclosed. Reimbursable Expenses, including subconsultant fees, incurred in connection with all Basic and Additional Services will be charged based on the actual cost times a factor of 1.07. We do not anticipate any Reimbursable Expenses at this time, and will advise you if this situation changes before authorizing any such expenses or subconsultant services. 110 So. 7th Street • P.O. Box 648 • Van Buren,AR 72957 • Ph: (479) 474-1227 • (479) 474-8531 211 Natural Resources Drive • Little Rock,AR 72205 • Ph: (5o1)374-4846 •Fax: (501)374-4886 www.hawkins-weir.com 2016012\BF021716BP.doc Hi Honorable Bob Freeman, Mayor Page 2 February 17, 2017 We will commence this work immediately upon your approval of this proposal and authorization to proceed, and complete the work in accordance with the schedules that you establish. If there are changes in scope or protracted delays for reasons beyond our control, we would expect to negotiate with you an equitable adjustment of our compensation taking into consideration the impact of such changes and delays. This proposal letter together with the attached Agreement for Professional Services represents the entire agreement with Hawkins-Weir Engineers, Inc. If this proposal is acceptable, please sign and date both copies of the attached Agreement and return one (1) copy to us. The remaining copy is for your records. If you have any questions, comments, or require additional information, please do not hesitate to call. Sincerely, HAWKINS-WEIR ENGINEERS, INC. Ukit ems, Brett D. Peters, P.E. BDP/gch Enclosures: Agreement for Professional Services —Two (2) copies { Standard Hourly Billing Rate Structure, effective January 1, 2016 cc: Lisa Huckelbury www.hawkins-we ir.com 2016012\BF021716BP.doc HAWKINS-WEIR ENGINEERS,INC. AGREEMENT FOR PROFESSIONAL SERVICES CITY OF VAN BUREN,ARKANSAS HWEI Project Number: 2016012 1003 BROADWAY Authorized by: BOB FREEMAN,MAYOR VAN BUREN,ARKANSAS 72956 Project Manager: BRETT D.PETERS,P.E. PHONE: (479)474-1541 Date: FEBRUARY 17,2016 Description of Work: 2016 CAPITAL IMPROVEMENT PROGRAM GENERAL: HAWKINS-WEIR ENGINEERS, INC. (HWEI) shall perform the professional services indicated on this Agreement. These services shall include serving as the Client's professional engineering and/or surveying representative providing consultation and advice as requested by this Agreement. SCOPE OF SERVICES: Services to be provided by HWEI shall be as described on this Agreement and noted attachments and other services shall not be implied unless so stipulated by a written agreement acknowledged by client and HWEI. ACCESS: The Client shall provide to Engineer legal access to all properties,public and private,required to perform the services requested. INFORMATION PROVIDED BY CLIENT:The Client shall provide all criteria and full information such as surveys, legal descriptions,subsurface explorations, hydrographic surveys, laboratory tests, flood plain data, environmental assessments, environmental impact statements, utility or other easements, zoning and deed restrictions as may be available to the Client which pertain to the work to be performed. HWEI may rely on such information supplied by the Client in performing services hereunder. PERMITS: Client shall furnish all approvals and permits for all governmental authorities or other entities having jurisdiction. REUSE OF DOCUMENTS: All documents including drawings, specifications and reports prepared by or furnished by HWEI pursuant to this Agreement are instruments of service with regard to the work being performed and HWEI shall retain an ownership and property interest therein. Client may make and retain copies for information and reference in connection with the use and occupancy of the project by client and others, however, such documents are not intended or represented to be reused by Client or others on extensions of the project or any other project. Any reuse of documents without written authorization by HWEI shall be at Client's sole risk and Client shall hold HWEI harmless and without liability. COMPENSATION FOR SERVICES:HWEI shall be compensated for services rendered under this Agreement as follows: HOURLY,NOT TO EXCEED$25,000.00—PLUS REIMBURSABLE EXPENSES OTHER CONDITIONS: • All fees and expenses paid by HWEI on behalf of the Client shall be reimbursed by the Client to HWEI based on actual cost TIMES A FACTOR OF 1.07,(i.e.,filing fees,advertisement costs,testing fees,review fees,express mail or courier,professional services by others). • HWEI shall be reimbursed by the client for all travel expenses including meals and lodging at actual cost for travel from the HWEI office. HWEI shall be reimbursed for all travel expenses including mileage computed at the current IRS standard mileage rates to and from HWEI offices, vehicle rental fees,and coach rate common carrier fares,plus all parking and toll fees expended on travel on the behalf of the Client. • Client may terminate the services of HWEI at any time upon written notification to HWEI. HWEI shall be paid for all services rendered to the time of termination. • Unless otherwise agreed upon by HWEI and Client, if Client fails to make full payment due HWEI for services and expenses within 30 days after receipt of HWEI's Invoice of Services, the amounts due HWEI may be increased at the rate of 0.5%per month or the maximum rate of interest allowed by law at the time this Agreement is entered into, whichever rate is less, from said 30th day. In addition, HWEI may, after giving 7 days written notice to Client, suspend services under this Agreement and may proceed with formal collection procedures. Client shall pay the cost of collection procedures. Should litigation be necessary,Arkansas will be the state of litigation and Arkansas law shall govern. • Client understands and acknowledges that HWEI shall have a lien upon the land,building,erection,or improvement upon said land for services rendered to client as provided in Arkansas Code Annotated 18-44-105. • To the maximum extent permitted by law,the Client agrees to limit HWEI's liability for the Client's damages to a maximum of the net compensation received by HWEI,not including reimbursable expenses and subconsultant fees,for all services rendered on the project. This limitation shall apply regardless of the cause of action or legal theory pled or asserted. RIGHTS:Nothing in this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than Client and HWEI, and duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Client and HWEI and not for the benefit of any other party. ATTACHMENTS:LETTER PROPOSAL;CURRENT HWEI STANDARD BILLING RATE SCHEDULE ACCEPTED THIS DAY OF ,2016 OR Verbal Authorization Received to Proceed with services CITY OF VAN BUREN,ARKANSAS FEBRUARY 17,2016 ORGANIZATION,COMPANY,OR INDIVIDUAL ACCEPTING DATE RESPONSIBILITY FOR PAYMENT FOR SERVICES RENDERED BY Pte. Hawkins-Weir Engineers,Inc. * PO BOX 648 * VAN BUREN,ARKANSAS 72957 * PHONE(479)474-1227 * FAX(479)474-8531 * * 211 NATURAL RESOURCES DRIVE* LITTLE ROCK,ARKANSAS 72205*PHONE(501)374-4846* FAX(501)374-4886* Standard Billing Rate Structure For Hourly Fee Based Contracts Hawkins-Weir Engineers,Inc. Effective January 1,2016 through July 30,2016 Engineer Engineer VII $ 180 Per Hour Engineer VI $ 165 Per Hour Engineer V $ 150 Per Hour Engineer IV $ 135 Per Hour Engineer III $ 120 Per Hour Engineer II $ 105 Per Hour Engineer I $ 80 Per Hour Engineering Technician Designer II $ 100 Per Hour Designer I $ 75 Per Hour Technician III $ 80 Per Hour Technician II $ 70 Per Hour Technician I $ 50 Per Hour Field Technician-Field Inspector Inspector II $ 75 Per Hour Inspector I $ 60 Per Hour Field Surveying GPS Survey $ 175 Per Hour Administrative Business Manager $ 85 Per Hour Expert Witness Preparation At Engineer's Hourly Rate Testimony, less than 1/2 day $1,000 Testimony,per Day $1,500 Expenses Reimbursable Expenses and upcharges are determined by the Client Agreement/Contract Subconsultants/Outside Services Express Delivery,Field Supplies,Testing,Review/Filing Fees and Advertising Travel: Hotel and meals Actual Cost Vehicle $0.575 per mile for 2015* $0.54 per mile effective 1/1/16 * Reproduction: Outside printing service Actual Cost In-house printing Letter Copy-B&W $ 0.10 Per Copy Letter Copy-Color $ 0.75 Per Copy 22 x 34 Size Copy-B&W $ 3.00 Per Copy 22 x 34 Size Copy-Color $10.00 Per Copy 11 x 17 Size Copy-B&W $ 1.50 Per Copy 11 x 17 Size Copy-Color $ 5.00 Per Copy CD Copy $ 5.00 Per Copy Binding $ 1.00 Each *To be adjusted periodically to current IRS mileage rate All Billings are due upon receipt unless prior arrangements for payment have been made. HAWKINS-WEIR ENGINEERS,INC. AGREEMENT FOR PROFESSIONAL SERVICES CITY OF VAN BUREN,ARKANSAS HWEI Project Number: 2016012 1003 BROADWAY Authorized by: BOB FREEMAN,MAYOR VAN BUREN,ARKANSAS 72956 Project Manager: BRETT D.PETERS,P.E. PHONE: (479)474-1541 Date: FEBRUARY 17,2016 Description of Work: 2016 CAPITAL IMPROVEMENT PROGRAM GENERAL: HAWKINS-WEIR ENGINEERS, INC. (HWEI) shall perform the professional services indicated on this Agreement. These services shall include serving as the Client's professional engineering and/or surveying representative providing consultation and advice as requested by this Agreement. SCOPE OF SERVICES: Services to be provided by HWEI shall be as described on this Agreement and noted attachments and other services shall not be implied unless so stipulated by a written agreement acknowledged by client and HWEI. ACCESS: The Client shall provide to Engineer legal access to all properties,public and private,required to perform the services requested. INFORMATION PROVIDED BY CLIENT: The Client shall provide all criteria and full information such as surveys, legal descriptions,subsurface explorations, hydrographic surveys, laboratory tests, flood plain data, environmental assessments, environmental impact statements, utility or other easements, zoning and deed restrictions as may be available to the Client which pertain to the work to be performed. HWEI may rely on such information supplied by the Client in performing services hereunder. PERMITS: Client shall furnish all approvals and permits for all governmental authorities or other entities having jurisdiction. REUSE OF DOCUMENTS: All documents including drawings, specifications and reports prepared by or furnished by HWEI pursuant to this Agreement are instruments of service with regard to the work being performed and HWEI shall retain an ownership and property interest therein. Client may make and retain copies for information and reference in connection with the use and occupancy of the project by client and others, however, such documents are not intended or represented to be reused by Client or others on extensions of the project or any other project. Any reuse of documents without written authorization by HWEI shall be at Client's sole risk and Client shall hold HWEI harmless and without liability. COMPENSATION FOR SERVICES:HWEI shall be compensated for services rendered under this Agreement as follows: HOURLY,NOT TO EXCEED$25,000.00—PLUS REIMBURSABLE EXPENSES OTHER CONDITIONS: • All fees and expenses paid by HWEI on behalf of the Client shall be reimbursed by the Client to HWEI based on actual cost TIMES A FACTOR OF 1.07,(i.e.,filing fees,advertisement costs,testing fees,review fees,express mail or courier,professional services by others). • HWEI shall be reimbursed by the client for all travel expenses including meals and lodging at actual cost for travel from the HWEI office. HWEI shall be reimbursed for all travel expenses including mileage computed at the current IRS standard mileage rates to and from HWEI offices, vehicle rental fees,and coach rate common carrier fares,plus all parking and toll fees expended on travel on the behalf of the Client. • Client may terminate the services of HWEI at any time upon written notification to HWEI. HWEI shall be paid for all services rendered to the time of termination. • Unless otherwise agreed upon by HWEI and Client, if Client fails to make full payment due HWEI for services and expenses within 30 days after receipt of HWEI's Invoice of Services,the amounts due HWEI may be increased at the rate of 0.5%per month or the maximum rate of interest allowed by law at the time this Agreement is entered into, whichever rate is less, from said 30th day. In addition, HWEI may, after giving 7 days written notice to Client, suspend services under this Agreement and may proceed with formal collection procedures. Client shall pay the cost of collection procedures. Should litigation be necessary,Arkansas will be the state of litigation and Arkansas law shall govern. • Client understands and acknowledges that HWEI shall have a lien upon the land,building,erection,or improvement upon said land for services rendered to client as provided in Arkansas Code Annotated 18-44-105. • To the maximum extent permitted by law,the Client agrees to limit HWEI's liability for the Client's damages to a maximum of the net compensation received by HWEI,not including reimbursable expenses and subconsultant fees,for all services rendered on the project. This limitation shall apply regardless of the cause of action or legal theory pled or asserted. RIGHTS:Nothing in this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than Client and HWEI,and duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Client and HWEI and not for the benefit of any other party. ATTACHMENTS:LETTER PROPOSAL;CURRENT HWEI STANDARD BILLING RATE SCHEDULE ACCEPTED THIS DAY OF ,2016 OR Verbal Authorization Received to Proceed with services CITY OF VAN BUREN,ARKANSAS FEBRUARY 17,2016 ORGANIZATION,COMPANY,OR INDIVIDUAL ACCEPTING DATE RESPONSIBILITY FOR PAYMENT FOR SERVICES RENDERED n n -� P -�- - - BY `du b Hawkins-Weir Engineers,Inc. * PO BOX 648 * VAN BUREN,ARKANSAS 72957 * PHONE(479)474-1227 * FAX(479)474-8531 * * 211 NATURAL RESOURCES DRIVE* LITTLE ROCK,ARKANSAS 72205*PHONE(501)374-4846* FAX(501)374-4886* Standard Billing Rate Structure For Hourly Fee Based Contracts Hawkins-Weir Engineers,Inc. Effective January 1,2016 through July 30,2016 Engineer Engineer VII $ 180 Per Hour Engineer VI $ 165 Per Hour Engineer V $ 150 Per Hour Engineer IV $ 135 Per Hour Engineer III $ 120 Per Hour Engineer II $ 105 Per Hour Engineer I $ 80 Per Hour Engineering Technician Designer II $ 100 Per Hour Designer I $ 75 Per Hour • Technician III $ 80 Per Hour Technician II $ 70 Per Hour Technician I $ 50 Per Hour Field Technician-Field Inspector Inspector II $ 75 Per Hour Inspector I $ 60 Per Hour Field Surveying GPS Survey $ 175 Per Hour Administrative Business Manager $ 85 Per Hour Expert Witness Preparation At Engineer's Hourly Rate Testimony, less than 1/2 day $1,000 Testimony,per Day $1,500 Expenses Reimbursable Expenses and upcharges are determined by the Client Agreement/Contract Subconsultants/Outside Services Express Delivery,Field Supplies,Testing,Review/Filing Fees and Advertising Travel: Hotel and meals Actual Cost Vehicle $0.575 per mile for 2015* $0.54 per mile effective 1/1/16 * Reproduction: Outside printing service Actual Cost In-house printing Letter Copy-B&W $ 0.10 Per Copy Letter Copy-Color $ 0.75 Per Copy 22 x 34 Size Copy-B&W $ 3.00 Per Copy 22 x 34 Size Copy-Color $10.00 Per Copy 11 x 17 Size Copy-B&W $ 1.50 Per Copy 11 x 17 Size Copy-Color $ 5.00 Per Copy CD Copy $ 5.00 Per Copy Binding $ 1.00 Each *To be adjusted periodically to current IRS mileage rate All Billings are due upon receipt unless prior arrangements for payment have been made.