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RES NO 02-04-2020 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO.O al - O'/ -2020 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 has received Federal-aid Transportation Alternatives Program grant funds for a Downtown Streetscape Project; and WHEREAS, the project requires a drainage evaluation and report for a larger area to address necessary storm water drainage improvements affecting the downtown; and WHEREAS, the Agreement of Understanding between the City of Van Buren and the Arkansas Department of Transportation requires the City of Van Buren to employ the services of a registered professional engineer to prepare plans and specifications for the 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 specifications for the Downtown Streetscape and Drainage Improvements Project shall not exceed $134,200.00. IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of for and 0 against, the foregoing Resolution at its regular meeting held on the 24th day of February 2020. Jose P. urst M ATTESTED: • Ppm► r i A 0 I ' . ---teeze.,;01/46Tryle,..a/ Phyllis Thomas Candice A. Settle City Clerk/Treasurer City Attorney City of Van Buren, Arkansas Municipal Annex 111 North 12th Street • Van Buren, Arkansas 72956 VAN BUREN CITY COUNCIL MEMORANDUM TO: MAYOR JOE HURST AND CITY COUNCIL FROM: WALLY BAILEY,PLANNING DIRECTOR SUBJECT: DOWNTOWN STREETSCAPE AND DRAINAGE IMPROVEMENTS PROJECT DATE: FEBRUARY 18,2020 The City of Van Buren was awarded an Arkansas Transportation Alternatives Program(TAP) grant in the amount of$492,000.00 for a Downtown Streetscape project. The City and the Arkansas Department of Transportation have executed an Agreement of Understanding(AOU) regarding the implementation,reporting and management of the grant. The AOU requires the City to employ the services of a registered professional engineer to prepare plans and specifications for the project. We have negotiated an Agreement for Professional Services with Hawkins-Weir Engineers, Inc. The professional services agreement includes compliance with all phases required by the AOU,and the preparation of all plans and specifications for the construction of the improvements. Additionally,the professional services agreement includes public meetings as the design progresses so that we can keep all downtown property owners and stakeholders informed as the project design progresses. I I In addition to the Downtown Streetscape grant,we acknowledged there is a significant drainage issue in the area of downtown that needs to be addressed and now is the right time for that situation to be studied and drainage improvements made. The downtown streetscape design cannot make the drainage situation worse and we do not want any flooding to destroy the new downtown streetscape. Therefore,the professional services agreement includes the drainage evaluation and report for the downtown and the area greater than the downtown which affects the downtown drainage. The drainage study and design is approximately 55%of the not to exceed fee of$109,000.00. Larry Yancey and I, plan to present more information regarding the streetscape and flooding problem at the Council meeting. Please contact me if you have any questions. 7,11 y w;& r HAWKINS 1WEIR E N G I N E E . R S, I N C. February 11, 2020 Engineering Client Success • Honorable Joseph Hurst, Mayor City of Van Buren,.Arkansas 1003 Broadway Van Buren,Arkansas 72956 Re: Agreement-for Professional Services . Downtown Streetscape and Drainage Improvements Project—Main Street Van Buren,Arkansas :1-1WEJ:Pr4ect No.2019116 • Dear Mayor'Hurst We cappredate the opportunity to submit this proposal for engineering services associated with.the Downtown Streetscape and Drainage Improvements Project along Maki Street for the City Cf Van Buren,Arkansas. Enclosed,ease find a Scope of Services task list detailing the Basic Services proposed for this..project. The project win include the design of streetscape, sidewalk, and lighting improvements-along Main Street from South 4'' to South 8'' Streets. The project win also induck3ttomsVatertirainage improvements along the aforementioned portions of Main Street extending,:southwest to South 3i° Street, and along South 3'd Street from Main Street to Washington..Streetto tie into an existing box culvert The scope of service includes a project limits exhibitmap that further illustrates the location of the Improvements. The project will also include a.drainage-evaluation and report for a larger area of the downtown as defined in the projectfiraftwexhibk. in summary,our services will consist of the following phases Field Survey, Conceptual Design (30%), Preliminary Design (60%), Final Design (90%), and Advertisement & Bidding. Our deliverables .will include specifications and detailed plans for the construction of the proposed improvements along with a drainage report Our scope does not Include any services performed during the construction phase of the project. it is our understanding that once the • bids are received and approved by the City and the Arkansas Department of Transportation (ARDOT),we will.prepare a separate agreement for construction management services The Scope of Services task list for this project also identifies several exclusions or items not indudedin our proposal or kerns to be provided by others. 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-Wei Engineers, Inc. The not to exceed fee for these services is $109,000.00 plus Subc onsuttant Fees and Reimbursable Expenses. We estimate the drainage study and design is approximately 55% of the not to exceed fee. Additional services will be provided only upon receipt of written authorization, and these additional services will be invoiced at our standard hourly rates. A c py of our Standard Hourly Bifiing Rate Structure is,endosed. 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 Mel 4l 2'1T20-Y-door www.hatukius-weir.com !IAA, Honorable Joseph Hurst, Mayor Page 2 February 11,2020 Reimbursable Expenses, including subconsuftant 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 ;25,200.00 for the following reimbursable expenses: ARKUPS utility locate fees; printing and reproduction costs; shipping costs; geotechnical testing; and Architectural, Landscape, Streetscape, and Irrigation Design services. We do not anticipate any other subconsultants on the project at this time. We will Invoice you monthly for Basic Services and Reimbursable Expenses. We will commence this work immediately upon your authorization to proceed, and complete the work in accordance with the AFOOT TAP Program requirements. 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. Should you have any questions, comments, or require additional information, please do not hesitate to call. Sincerely yours, HAWKINS--WENGINEERS, INC. d'E.Y- E LEYnhc Enclosures: Scope of Services(5 pages) Agreement for Professional Services—Two(2)copies cc: Mr.Wally Bailey, City of Van Buren Ms. Becky Home, Hawkins-Weir Engineers, Inc. 20191161.1H021120LY.doex wzczu hr,Luktit s-tueii.corn Scope of Services Downtown Streetscape and Drainage Improvements Project HWEI Project No. 2019116 February 6, 2020 Hawkins-Weir Engineers, Inc. (HW)proposes to provide the following engineering design services for the referenced Downtown Streetscape and Drainage Improvements project in the City of Van Buren. A. Field Survey Phase 1. Perform a field and utility location survey of the above ground physical features and improvements on the site as necessary to prepare plans for the construction of the proposed street and drainage improvements 2. Perform a topographic survey of the site, including critical spot elevations on existing improvements such as drainage pipe flow lines, curbs, pavement, and drainage structure improvements 3. Perform a survey to determine existing right-of-way and easements 4. Coordinate with Arkansas One-Call for the marking of existing utilities and tie them down as part of the survey work based on the locations marked in the field by the utility owner 5. Prepare a scaled drawing in AutoCAD format 6. Establish on-site survey control points for construction (maximum of 2 control points) B. Conceptual Design Phase (30% Design) 1. Prepare conceptual plans of the existing site plan, site clearing/demolition plan, erosion control plan, dimensional control and paving plan, grading and drainage plan, street lighting and electrical plan for the streetscape and drainage improvements 2. Perform conceptual hydrologic and hydraulic analysis of the existing drainage system along Washington Street between from South 1St Street to Knox Street 3. Perform conceptual hydrologic and hydraulic analysis of Main Street drainage improvements 4. Coordinate conceptual landscape, tree planting, streetscape, hardscape, and irrigation design services (provided by MAHG Architecture in a sub-consultant role) 5. Coordinate with State Historic Preservation Officer 6. Prepare conceptual civil detail sheets 7. Prepare a draft copy of contract documents and specifications or incorporate specification notes into the plan sheets 8. Prepare a conceptual cost estimate 9. Participate in 30% design review meetings with City Staff 2019116 Scope of Services 020620 Page 1 of 5 fg I 3 i Scope of Services Downtown Streetscape and Drainage Improvements Project HWEI Project No. 2019116 February 6, 2020 10. Submit Conceptual Design Package (Plans, Specifications and Estimate) to ARDOT for review 11. Participate in a Public Meeting with project stakeholders C. Preliminary Design Phase (60% Design) 1. Prepare preliminary plans of the existing site plan, site clearing/demolition plan, erosion control plan, dimensional control and paving plan, grading and drainage plan, street lighting and electrical plan for the streetscape and drainage improvements 2. Perform preliminary hydrologic and hydraulic analysis of the existing drainage system along Washington Street between from South 1st Street to Knox Street 3. Perform a preliminary hydrologic and hydraulic analysis of Main Street drainage improvements 4. Coordinate preliminary Landscaping, tree planting, streetscape, hardscape, and irrigation design services (Provided by MAHG Architecture in a sub-consultant role) 5. Prepare a Preliminary Drainage Report evaluating the proposed Main Street drainage improvements and the capacity of the existing drainage system along Washington Street between from South 1st Street to Knox Street 6. Prepare preliminary civil detail sheets 7. Prepare a draft copy of contract documents and specifications or incorporate specification notes into the plan sheets 8. Prepare a preliminary cost estimate 9. Participate in 60% design review meetings with City Staff 10. Submit Preliminary Design Package (Plans, Specifications and Estimate)to ARDOT 11. Participate in a Public Meeting D. Final Design Phase (90% Design) 1. Prepare final plans of the existing site plan, site clearing/demolition plan, erosion control plan, dimensional control and paving plan, grading and drainage plan, street lighting and electrical plan for the streetscape and drainage improvements 2. Prepare structural designs for drainage improvements (inlets, headwalls and channels). 3. Coordinate final landscape, tree planting, streetscape, hardscape, and irrigation design services (provided by MAHG Architecture in a sub-consultant role) 4. Prepare final civil detail sheets 2019116 Scope of Services 020620 Page 2 of 5 Scope of Services Downtown Streetscape and Drainage Improvements Project HWEI Project No. 2019116 February 6, 2020 5. Prepare final contract documents and specifications or incorporate specification notes into the plan sheets 6. Prepare a final cost estimate 7. Prepare the Storm Water Pollution Prevention Plan (SWP3) incorporating Best Management Practices (BMPs) as they relate to the management of storm water on the proposed site during construction (erosion control). Prepare the Notice of Automatic Coverage for the Construction Stormwater General Permit. 8. Participate in review meetings with the City Staff 9. Perform internal Quality Assurance/Quality Control review 10. Submit Final Design Package (Plans, Specifications and Estimate) to ARDOT 11. Coordinate plan approval with ARDOT E. Advertisement and Bidding 1. Prepare the project advertisement for the Owner's use 2. Address questions and comments from perspective bidders and prepare any necessary addendums to the Bidding Documents 3. Attend and conduct the bid opening including the preparation of a certified tabulation of bids and recommendation to the Owner 4. Assist the Owner with the assembly and execution of contract documents F. Exclusions to the Scope of Services The design services provided by Hawkins-Weir do not cover the preparation of the following: 1. Boundary Surveys 2. Deed or easement research 3. Preparation of deed or easement descriptions 4. Environmental assessment or evaluation of the site 5. Construction layout staking for the Contractor, except that HW will provide two (2) construction control points 6. Design of utility relocation plans 7. Architectural, electrical, mechanical, or structural design of buildings, canopies, retaining walls, delivery docks, etc. 2019116 Scope of Services 020620 Page 3 of 5 Scope of Services Downtown Streetscape and Drainage Improvements Project HWEI Project No. 2019116 February 6, 2020 8. As-Built survey of the final improvements 9. Lighting illumination calculations and design for replacement of existing lighting 10. Project advertisement fees 11. Structural design beyond drainage structures indicated Attachment: Exhibit 1 — Project Limits 2019116 Scope of Services 020620 Page 4 of 5 / • f i `�� ��\ • \ LIMITS OF DRAINAGE 'r=; �I i i i N, �`d9 ,�;� �^ J ` L i EVALUATION \.,,'' (y 1 I El r L r III, il,II,'1 j �`> '` '4.��'2i`1 <' it I' 1 IL-- -I �owlul__ `B � I - - - — r`'c-z, �, „. //-\,/ /`r/l',';%,,,..\` , ```) , , ] imili = I LIMITS OF DRAINAGE 1 j 1 LIMITS OF DRAINAGE `s. i , ,/ I 1 IMPROVEMENTS 5 I I " i 1 1 rn -- IMPROVEMENTS -1-i td j li: �I I- j -I J I I I I �- I _ 1 I `` / a I 1' YYW�YW5YgffiZIFfn I. 114\�` �� O� 1 111N Y58Q '.� Iw1711� r �.. y - r, irMen Ed r I r --- ww www�w��IH �w111f11 11 -N.,, I i I I T° y i _,- 1 I i LIMBS OF STREETSCAPE '� a I a `- _; I_ 1 4 IIII" IMPROVEMENTSMIUIIIIRIIIPI / KI 1 r 1 rI _ _SI7 I( r:� 1 - � ;; qtly 1.-��- 1 1-' �L �' )�I. �� aI r (� i 4 fr iUMI I I I1 1 1 I I ...---/-',.. �\ '� !11 L,r1i 11 ��'�I'` II I EI fD rIII f!„li J� P IF-1 ill III 1-�! i 3 G g EXHIBIT 1 PROJECT LIMITS DOWNTOWN VAN BUREN STREETSCAPE FOR: CITY OF VAN BUREN, ARKANSAS I DATE: 2/6/2020 I SCALE: NIS I JOB NO. 2019116 NW HAWKINS 4WE I R c ENGINEERS, INC. m Von Bwon Fo�BMC, FOyoWNM LStlo Rock (470)47N227 I(078)242-4585 I(078)455-2205 I(501)5744548 N www.hewkins-weir.cOm . 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: Downtown Streetscaping and Drainage Improvements Project- Main Street Van Buren (HWEI Project No. 2019116) ("Project"). Engineer's services under this Agreement are generally identified as follows: Downtown Streetscaping and Drainage Improvements Project ("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"). B. Engineer shall complete its Services within the following specific time period: 1. Field Survey Phase 60 Days 2. Conceptual Design Phase(30%) 120 Days 3. Preliminary Design Phase(60%) 90 Days 4. Final Design Phase (90%) 60 Days 5. Advertisement and Bidding Phase 30 Days Total 360 Days NOTE:Time periods shown above do not include City or State reviews. 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 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 0.5% 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. 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—Hourly Rates Plus Reimbursable Expenses A. Owner shall pay Engineer for Services as follows: 1. An amount equal to the cumulative hours charged to the Project 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 Services and Engineer's consultants' charges, if any. 2. Engineer's Standard Hourly Rates are attached as Appendix 1. 3. The total compensation for Services and reimbursable expenses is estimated to be$134,200.00. 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. 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 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 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.B 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. 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 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 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 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 } 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 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 $100,000 or the total amount of compensation received by Engineer,whichever is greater. 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. J. 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. 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 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, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste,substance, or material. Attachments: Appendix 1, Engineer's Standard Hourly Rates (2 pages) Proposal Letter dated February 6,2020 (2 pages) Scope of Services dated February 6, 2020 (5 pages) 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 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on page 1. Owner: City of Van Buren,Arkansas Engineer: Hawkins-Weir Engineers,Inc. By: By: 9. .V1 Print name: Joe Hurst Print name: J. Kyle Salyer,P.E.,P. . Title: Mayor Title: Vice-President Date Signed: Date Signed: 2/6/1-0to 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 02015 National Sodety of Professional Engineers,American Council of Engineering Companies, end American Society of Civil Engineers.AN rights reserved. Page 7 This is Appendix 1, Engineer's Standard Hourly Rates, referred to in and part of the Short Form of Agreement between Owner and Engineer for Professional Services dated , 2020 Engineer's Standard Hourly Rates A. Standard Hourly Rates: 1. Standard Hourly Rates are set forth in this Appendix 1 and include salaries and wages paid to personnel in each billing class plus the cost of customary and statutory benefits, general and administrative overhead, non-project operating costs,and operating margin or profit. 2. The Standard Hourly Rates apply only as specified in Paragraphs 2.01, 2.02, and 2.03, and are subject to annual review and adjustment. The Engineer's Standard Hourly Rates and Reimbursable Expense Schedule will be adjusted annually (on or about August 1) to reflect equitable changes in the compensation payable to the Engineer. B. Schedule of Hourly Rates: 1. The Hawkins-Weir Engineers Standard Hourly Rate Structure for Hourly Fee Based Contracts is attached as page 2 of Appendix 1. The attached rates are effective August 18, 2019 through August 15,2020. Appendix 1,Standard Hourly Rates Schedule. 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 { APPENDIX 1 Standard Billing Rate Structure For Hourly Fee Based Contracts Hawkins-Weir Engineers,Inc. Effective August 18,2019 through August 15,2020(1) Engineer Engineer VII $ 190 Per Hour Engineer VI $ 175 Per Hour Engineer V $ 160 Per Hour Engineer IV $ 145 Per Hour Engineer III $ 125 Per Hour Engineer II $ 100 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 $ 65 Per Hour Technician I $ 55 Per Hour Field Technician-Field Inspector Resident Project Representative(RPR) $ 120 Per Hour Inspector II $ 75 Per Hour Inspector I $ 65 Per Hour Field Surveying GPS Survey $ 175 Per Hour GPS Mapping Survey $ 95 Per Hour Surveyor $ 85 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(�) $0.575 per mile effective 1/1/20 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 (1)Billing Rates are reviewed and adjusted annually in August. Regardless,any adjustment in Billing Rates will not impact previously negotiated Not To Exceed(NTE)fee amounts without a formal Contract Amendment. (2)To be adjusted periodically to current IRS mileage rate. All Billings are due upon receipt unless prior arrangements for payment have been made. Page 2