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RES NO 09-02-2017 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. q, -o2. -2017 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 to the Lee Creek Access Road Bridge; and WHEREAS, in order to commence the project,the City is in need of professional engineering services for the development of plans and designs,cost estimates, and supervision 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 Y Engineers, Inc. to provide engineering services for the Lee Creek Access Road Bridge Improvement Project. Payment for such engineering services shall not exceed $30,000.00 plus any applicable reimbursable expenses. IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of 5 for and( ) against, the foregoing Resolution at its regular meeting held on the 25'day of September 2017. 1 , Robert D. F - Mayor ATTESTED: APP;OVED S : :ORM: —40 `10 Phyllis-Thomas hn •7/ Cans ice A. Settle City Clerk/Treasurer City Attorney � DINS E IR V� E N G I N E E R 5, I N C . Engineering Client Success September 18, 2017 Honorable Bob Freeman, Mayor City of Van Buren 1003 Broadway Van Buren, Arkansas 72956 Re: Lee Creek Access Road Bridge Improvements HWEI Project No. 2017087 Dear Mayor Freeman: We appreciate the opportunity to submit this proposal for engineering services associated with the Lee Creek Access Road Bridge Improvements. Our Basic Services will include the design and development of detailed plans and specifications for the bridge improvements, providing assistance during bidding, and coordinating project administration with the Western Arkansas Planning and Development District, Inc. (WAPDDI). We acknowledge that grant funding for the project is through the Hazard Mitigation Grant Program (HMGP) as administered by the Arkansas Department of Emergency Management. Our Basic Services do not include providing construction administration and inspection services during construction. Our Basic Services also do not include any design services associated with the relocation of any ancillary municipal or franchised utilities. Any such services will be considered as Additional Services and will be billed separately. Our fee for Basic Services will be invoiced as a lump sum of$30,000.00 as compensation for services and expenses of principals and employees of Hawkins-Weir Engineers, excluding Reimbursable Expenses. Additional services will be provided only upon receipt of written authorization, and these Additional Services will be billed based on our Standard Hourly Billing Rate Structure, a copy of which is enclosed. 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 an additional $24,000.00 for the following reimbursable expenses: no rise certification and wetlands delineation subconsultant services by FTN Associates Ltd. ($16,900), geotechnical investigation subconsultant services by Grubbs, Hoskyn, Barton &Wyatt ($6,000), ADEQ SWP3 permit fees, USACE 404 permit fees, reproduction costs, and express delivery expenses. 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 403 Garrison Avenue • Suite 101 • Fort Smith, AR 72901 • (479) 242-4685 2017087\BF091817BP.docx �U;C'Zp. harukazs-zccir.ar 2 Honorable Bob Freeman, Mayor Page 2 September 18, 2017 We will invoice you monthly for Basic Services and Reimbursable Expenses based upon our estimate of the percentage of the total services actually performed during the billing period. Reimbursable Expenses will be invoiced in full as they are incurred. We will commence this work immediately upon your approval of this proposal and authorization to proceed, and will complete the design phase within six (6) 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. Sincerely, HAWKINS-WEIR ENGINEERS, INC. Aitt easul.t. Brett D. Peters, P.E. BDP/gch Enclosures: Agreement for Professional Services —Two (2) Copies Standard Hourly Billing Rate Structure, effective August 20, 2017 cc: Lisa Huckelbury 2017087\BF091817BP.docx kzca�. n�oki�is zvei� corn SHORT FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of ("Effective Date") between City of Van Buren, Arkansas ("Owner") and Hawkins-Weir Engineers, Inc. ("Engineer"). Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as follows: Lee Creek Park Access Road Bridge Improvements (HWEI Project No. 2017087) ("Project"). Engineer's services under this Agreement are generally identified as follows: Lee Creek Park Access Road Bridge Improvements ("Services"). Owner and Engineer further agree as follows: 1.01 Basic Agreement and Period of Service A. Engineer shall provide or furnish the Services set forth in this Agreement. If authorized by Owner, or if required because of changes in the Project, Engineer shall furnish services in addition to those set forth above("Additional Services"). r B. Engineer shall complete its Services within the following specific time period: 6-calendar months C. If, through no fault of Engineer, such periods of time or dates are changed, or the orderly and continuous progress of Engineer's Services is impaired, or Engineer's Services are delayed or suspended,then the time for completion of Engineer's Services, and the rates and amounts of Engineer's compensation, shall be adjusted equitably. 2.01 Payment Procedures A. Invoices: Engineer shall prepare invoices in accordance with its standard invoicing practices and submit the invoices to Owner on a monthly basis. Invoices are due and payable within 30 days of receipt. If Owner fails to make any payment due Engineer for Services, Additional Services, and expenses within 30 days after receipt of Engineer's invoice, then (1) the amounts due Engineer will be increased at the rate of 1.0%per month (or the maximum rate of interest permitted by law, if less) from said thirtieth day, and (2) in addition Engineer may, after giving seven days written notice to Owner, suspend Services under this Agreement until Engineer has been paid in full all amounts due for Services, Additional Services, expenses, and other related charges. Owner waives any and all claims against Engineer for any such suspension. EJCDC®E-520,Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright©2015 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 1 B. Payment: As compensation for Engineer providing or furnishing Services and Additional Services, Owner shall pay Engineer as set forth in Paragraphs 2.01, 2.02 (Services), and 2.03 (Additional Services). If Owner disputes an invoice, either as to amount or entitlement, then Owner shall promptly advise Engineer in writing of the specific basis for doing so, may withhold only that portion so disputed, and must pay the undisputed portion. 2.02 Basis of Payment—Lump Sum A. Owner shall pay Engineer for Services as follows: 1. A Lump Sum amount of$30,000.00. 2. In addition to the Lump Sum amount, reimbursement for the following expenses: No rise certification, wetlands delineation, geotechnical investigation, ADEQ stormwater permit fees, USACE Section 404 permit fees, reproduction costs,and express delivery. B. The portion of the compensation amount billed monthly for Engineer's Services will be based upon Engineer's estimate of the percentage of the Lump Sum Fee. 2.03 Additional Services: For Additional Services, Owner shall pay Engineer an amount equal to the cumulative hours charged in providing the Additional Services by each class of Engineer's employees, times standard hourly rates for each applicable billing class; plus reimbursement of expenses incurred in connection with providing the Additional Services and Engineer's consultants' charges, if any. Engineer's standard hourly rates are attached as Appendix 1. 3.01 Termination A. The obligation to continue performance under this Agreement may be terminated: 1. For cause, a. By either party upon 30 days written notice in the event of substantial failure by the other party to perform in accordance with the Agreement's terms through no fault of the terminating party. Failure to pay Engineer for its services is a substantial failure to perform and a basis for termination. b. By Engineer: 1) upon seven days written notice if Owner demands that Engineer furnish or perform services contrary to Engineer's responsibilities as a licensed professional; or 2) upon seven days written notice if the Engineer's Services are delayed for more than 90 days for reasons beyond Engineer's control, or as the result of the presence at the Site of undisclosed Constituents of Concern,as set forth in Paragraph 5.01.1. c. Engineer shall have no liability to Owner on account of a termination for cause by Engineer. d. Notwithstanding the foregoing, this Agreement will not terminate as a result of a substantial failure under Paragraph 3.01.A.1.a if the party receiving such notice begins, within seven days of EJCDC®E-520,Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright©2015 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 2 receipt of such notice, to correct its substantial failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of notice; provided, however,that if and to the extent such substantial failure cannot be reasonably cured within such 30 day period, and if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein shall extend up to, but in no case more than, 60 days after the date of receipt of the notice. 2. For convenience, by Owner effective upon Engineer's receipt of written notice from Owner. B. In the event of any termination under Paragraph 3.01, Engineer will be entitled to invoice Owner and to receive full payment for all Services and Additional Services performed or furnished in accordance with this Agreement, plus reimbursement of expenses incurred through the effective date of termination in connection with providing the Services and Additional Services,and Engineer's consultants' charges, if any. 4.01 Successors,Assigns, and Beneficiaries A. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 4.01.6 the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the successors, executors, administrators, and legal representatives (and said assigns) of such other party, in respect of all covenants,agreements, and obligations of this Agreement. B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, money that is due or may become due) in this Agreement without the written consent of the other party, except to the extent that any assignment, subletting, or transfer is mandated by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise, nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any Constructor, other third-party individual or entity, or to any surety for or employee of any of them.All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party. 5.01 General Considerations A. The standard of care for all professional engineering and related services performed or furnished by Engineer under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with any services performed or furnished by Engineer. Subject to the foregoing standard of care, Engineer and its consultants may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. B. Engineer shall not at any time supervise, direct, control, or have authority over any Constructor's work, nor shall Engineer have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any Constructor, or the safety precautions and programs EJCDC®E-520,Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright©2015 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 3 incident thereto, for security or safety at the Project site, nor for any failure of a Constructor to comply with laws and regulations applicable to such Constructor's furnishing and performing of its work. Engineer shall not be responsible for the acts or omissions of any Constructor. C. Engineer neither guarantees the performance of any Constructor nor assumes responsibility for any Constructor's failure to furnish and perform its work. D. Engineer's opinions (if any) of probable construction cost are to be made on the basis of Engineer's experience, qualifications, and general familiarity with the construction industry. However, because Engineer has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors' methods of determining prices, or over competitive bidding or market conditions, Engineer cannot and does not guarantee that proposals, bids,or actual construction cost will not vary from opinions of probable construction cost prepared by Engineer. If Owner requires greater assurance as to probable construction cost,then Owner agrees to obtain an independent cost estimate. E. Engineer shall not be responsible for any decision made regarding the construction contract requirements, or any application, interpretation, clarification, or modification of the construction contract documents other than those made by Engineer or its consultants. F. All documents prepared or furnished by Engineer are instruments of service, and Engineer retains an ownership and property interest (including the copyright and the right of reuse) in such documents, whether or not the Project is completed. Owner shall have a limited license to use the documents on the Project, extensions of the Project, and for related uses of the Owner, subject to receipt by Engineer of full payment due and owing for all Services and Additional Services relating to preparation of the documents and subject to the following limitations: 1. Owner acknowledges that such documents are not intended or represented to be suitable for use on the Project unless completed by Engineer, or for use or reuse by Owner or others on extensions of the Project, on any other project, or for any other use or purpose, without written verification or adaptation by Engineer; 2. any such use or reuse, or any modification of the documents,without written verification, completion, or adaptation by Engineer, as appropriate for the specific purpose intended, will be at Owner's sole risk and without liability or legal exposure to Engineer or to its officers, directors, members, partners, agents, employees,and consultants; 3. Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and consultants from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from any use, reuse, or modification of the documents without written verification, completion,or adaptation by Engineer;and 4. such limited license to Owner shall not create any rights in third parties. G. Owner and Engineer may transmit, and shall accept, Project-related correspondence, documents, text, data, drawings, information, and graphics, in electronic media or digital format, either directly,or through access to a secure Project website, in accordance with a mutually agreeable protocol. H. To the fullest extent permitted by law, Owner and Engineer (1)waive against each other, and the other's employees, officers, directors, members, agents, insurers, partners, and consultants, any and all claims for EJCDC®E-520,Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright©2015 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 4 or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to this Agreement or the Project, and (2) agree that Engineer's total liability to Owner under this Agreement shall be limited to the total amount of compensation received by Engineer. I. The parties acknowledge that Engineer's Services do not include any services related to unknown or undisclosed Constituents of Concern. If Engineer or any other party encounters, uncovers, or reveals an unknown or undisclosed Constituent of Concern, then Engineer may, at its option and without liability for consequential or any other damages, suspend performance of Services on the portion of the Project affected thereby until such portion of the Project is no longer affected, or terminate this Agreement for cause if it is not practical to continue providing Services. 1. Owner and Engineer agree to negotiate each dispute between them in good faith during the 30 days after notice of dispute. If negotiations are unsuccessful in resolving the dispute, then the dispute shall be mediated. If mediation is unsuccessful,then the parties may exercise their rights at law. K. This Agreement is to be governed by the law of the state in which the Project is located. L. Engineer's Services and Additional Services do not include: (1) serving as a "municipal advisor" for purposes of the registration requirements of Section 975 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (2010) or the municipal advisor registration rules issued by the Securities and Exchange Commission; (2) advising Owner, or any municipal entity or other person or entity, regarding municipal financial products or the issuance of municipal securities, including advice with respect to the structure, timing, terms, or other similar matters concerning such products or issuances; (3) providing surety bonding or insurance-related advice, recommendations, counseling, or research, or enforcement of construction insurance or surety bonding requirements; or(4) providing legal advice or representation. 6.01 Total Agreement A. This Agreement (including any expressly incorporated attachments), constitutes the entire agreement between Owner and Engineer and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified,or canceled by a duly executed written instrument. 7.01 Definitions A. Constructor—Any person or entity(not including the Engineer, its employees, agents, representatives,and consultants), performing or supporting construction activities relating to the Project, including but not limited to contractors, subcontractors, suppliers, Owner's work forces, utility companies, construction managers, testing firms, shippers, and truckers, and the employees, agents, and representatives of any or all of them. B. Constituent of Concern—Asbestos, petroleum, radioactive material, polychlorinated biphenyls (PCBs), hazardous waste,and any substance, product,waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to (a) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); (b) the Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); (d) the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; (e) the Clean Water Act, 33 U.S.C. §§1251 et seq.; (f) the Clean Air Act,42 U.S.C. §§7401 et seq.; or(g)any other federal, State, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, EJCDC®E-520,Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright©2015 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 5 relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material. 8.01 Attachments:Appendix 1, Engineer's Standard Hourly Rates IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on page 1. Owner: Cit Van Buren,Arkansas Engineer: Hawkins-Weir Engineers, Inc. By: By: PO Q PteA. Print name: Bob Fre man Print name: Brett D. Peters, Inc. Title: Mayor Title: President&CEO Date Signed: Q `'Zb �' Date Signed: 09/ '8 /2.011 Firm's Certificate No. (if required): 101 State of: Arkansas Address for Owner's receipt of notices: Address for Engineer's receipt of notices: 1003 Broadway P. 0. Box 648 Van Buren,Arkansas 72956 Van Buren,Arkansas 72957 EJCDC®E-520,Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright©2015 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 6 Appendix 1 Standard Billing Rate Structure For Hourly Fee Based Contracts Hawkins-Weir Engineers,Inc. Effective August 20,2017 through August 18,2018 Engineer Engineer VII $ 185 Per Hour Engineer VI $ 165 Per Hour Engineer V $ 155 Per Hour Engineer IV $ 135 Per Hour Engineer III $ 120 Per Hour Engineer II $ 105 Per Hour Engineer I $ 85 Per Hour Engineering Technician Designer II $ 100 Per Hour Designer I $ 75 Per Hour Technician IV $ 85 Per Hour Technician III $ 75 Per Hour Technician II $ 60 Per Hour Technician I $ 55 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 $2,000 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 $0.535 per mile effective 1/1/17* 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.