RES NO 12-05-2016 CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. I01 - Cj -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 sidewalk improvements in the vicinity
of Pointer Trail within the City; and
WHEREAS, in order to commence,the City is in need of professional engineering services for the
development of plans and designs, and cost estimates for said project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VAN BUREN,ARKANSAS,THAT:
SECTION 1: The Mayor is authorized to enter into a contract(Exhibit"A")with Hawkins-Weir
Engineers, Inc.to provide engineering services for the development of plans and designs,
and cost estimates for the sidewalk improvements. Payment for such engineering services
shall not exceed$39,500.00 plus reimbursable expenses.
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 0 against, the foregoing Resolution at its regular meeting
held on the 19th of December 2016.
Robert D. Free —f
Mayor
ATTESTED: /' ' ' S D • S TO FORM:
—
` `
Ph •s Thomas o as C ndice A. Settle
City Clerk/Treasurer City Attorney
HAWKINS1WEIR
ENGINEERS , I N C .
{ Engineering Client Success
December 13, 2016 HAND DELIVERY
Honorable Bob Freeman, Mayor
City of Van Buren, Arkansas
1003 Broadway
Van Buren, Arkansas 72956
Re: Agreement for Professional Services
Pointer Trail Sidewalk Improvements
HWEI Project No. 2016096
Dear Mayor Freeman:
We appreciate the opportunity to provide you with our proposal for professional
engineering services associated with the Pointer Trail Sidewalk Improvements Project for the City
of Van Buren, Arkansas. This project will consist of approximately 4,400 linear feet of concrete
sidewalk along the Pointer Trail corridor.
Our Basic Services will include the development of Preliminary and Final Design
Documents (i.e. Plans, Specifications, and Contract Documents), assistance during the Bidding
Phase, and Construction Phase services. Our Construction Phase services will include both
construction management and periodic construction observation services. All of our Basic
Services will be performed in accordance with the Arkansas Highway and transportation
Department's (AHTD) Transportation Alternatives Program (TAP) requirements.
Our fee for Basic Services will be invoiced based on a lump sum method of payment for
services and expenses of principals and employees of Hawkins-Weir Engineers, plus any
applicable Reimbursable Expenses. Our proposed lump sum fee is $39,500.00 based upon the
following proposed distribution:
Preliminary Design Phase $ 12,500
Final Design Phase $ 7,500
Bidding Phase $ 3,000
Construction Phase $ 16,500
TOTAL $ 39,500
•
Additional services will be provided only upon receipt of written authorization, and these
additional services will be invoiced at our current standard hourly rates. Reimbursable Expenses,
including subconsultant fees, incurred in connection with all Basic and Additional Services will be
charged based on their actual cost. We recommend that you budget $3,500.00 for the following
Reimbursable Expenses: ARKUPS Utility Locates, Property Research, and Document
Reproduction and Printing Costs. We do not anticipate any subconsultant fees at this time.
110 So.7th Street • P.O. Box 648 • Van Buren,AR 72957 • Ph: (479)474-1227 • Fax: (479)474-8531
211 Natural Resources Drive • Little Rock,AR 72205 • Ph. (501)374-4846
438 East Millsap Road • Suite 107 • Fayetteville,AR 72703 • Ph. (479)455-2206
2016096\B F 121316 BP.docx
www.hawkins-weir.conM
HIA/
Honorable Bob Freeman, Mayor
Page 2
December 13, 2016
We will commence this work immediately upon your approval of this proposal and
authorization to proceed, and complete the design work within three (3) months thereafter. 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 enclosed 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 enclosed Agreement and return one (1) copy to us. The
remaining copy is for your records.
If you have any questions or comments, please do not hesitate to call.
Sincerely,
HAWKINS-WEIR ENGINEERS, INC.
A dlJl l Iut
Brett D. Peters, P.E.
BDP/cnc
Enclosures: Agreement for Professional Services —Two (2) Copies
Exhibits A through C
cc: Lisa Huckelbury
w ww.ha w kin s-we ir.co rn
2016096\BF121316BP.docx
HAWKINS-WEIR ENGINEERS,INC.
AGREEMENT FOR PROFESSIONAL SERVICES
CITY OF VAN BUREN Project Number: 2016096
1003 BROADWAY Authorized by: HONORABLE BOB FREEMAN
VAN BUREN,ARKANSAS 72956 Project Manager: LARRY E.YANCEY,P.E.
PHONE: (479)474-8936 Date: DECEMBER 13,2016
Description of Work: ENGINEERING SERVICES FOR THE POINTER TRAIL SIDEWALK IMPROVEMENTS
PROJECT.
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:
LUMP SUM—$39,500.00,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 their actual cost(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
ACCEPTED THIS DAY OF ,20 OR riVerbal Authorization Received to Proceed with
services
CITY OF VAN BUREN DECEMBER 13,2016
ORGANIZATION,COMPANY,OR INDIVIDUAL ACCEPTING DATE
RESPONSIBILITY FOR PAYMENT FOR SERVICES RENDERED Q }
BY ititl
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 *
* 438 EAST MILLSAP ROAD * SUITE 107 * FAYETTEVILLE,ARKANSAS * PHONE(479)455-2206 *
HAWKINS-WEIR ENGINEERS,INC.
AGREEMENT FOR PROFESSIONAL SERVICES
CITY OF VAN BUREN Project Number: 2016096
1003 BROADWAY Authorized by: HONORABLE BOB FREEMAN
VAN BUREN,ARKANSAS 72956 Project Manager: LARRY E.YANCEY,P.E.
PHONE: (479)474-8936 Date: DECEMBER 13,2016
Description of Work: ENGINEERING SERVICES FOR THE POINTER TRAIL SIDEWALK IMPROVEMENTS
PROJECT.
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:
LUMP SUM—$39,500.00,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 their actual cost(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
ACCEPTED THIS DAY OF ,20 OR Verbal Authorization Received to Proceed with
services •
-
CITY OF VAN BUREN DECEMBER 13,2016
ORGANIZATION,COMPANY,OR INDIVIDUAL ACCEPTING DATE
RESPONSIBILITY FOR PAYMENT FOR SERVICES RENDERED
BY (UM %) .
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 *
* 438 EAST MILLSAP ROAD * SUITE 107 * FAYETTEVILLE,ARKANSAS * PHONE(479)455-2206 *
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