RES NO 05-03-2021 CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. � - o3 -2021
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 street and drainage improvements
within the City at North 20th Street; and
WHEREAS, the North 20th Street Improvements Project requires professional engineering,
project management, and inspection services; and
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 North 20th Street
Improvements Project. Payment for such engineering services shall not exceed
$122,520.00.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did
pass, approve, and adopt, by a vote of 5for and 0 against, the foregoing Resolution at its
regular meeting held on the 24th day of May 2021.
Jo h P. ur
Mayor
ATTESTED: APPROVED AS TO FORM:
gpisiariA
Phyllis Thomas
City Clerk/Treasurer City Attorney
CITY OF VAN BUREN,ARKANSAS
AMENDMENT NO. 1
For
PROFESSIONAL ENGINEERING SERVICES
With
HAWKINS-WEIR ENGINEERS,INC.
VAN BUREN,ARKANSAS
In accordance with the AGREEMENT for PROFESSIONAL SERVICES for the North 20th Street and
Maple Street Improvements,Project No.2020003,dated January 24,2020,between the City of Van Buren,
Arkansas(hereinafter called Owner)and Hawkins-Weir Engineers,Inc.(hereinafter called Engineer),Owner
hereby authorizes Engineer to proceed with the following services:
SECTION 1—SCOPE OF SERVICES
1.1 Amendment No. 1 defines additional engineering services under the Agreement associated with the
Owner's project,North 20th Street and Maple Street Improvements.Additional Services include the following
items:
1. Conduct Pre-Construction Conference
2. Submittal Review
3. Periodic Construction Observation
4. Prepare Monthly Payment Requests
5. Conduct Final Inspection
6. Prepare Contract Closeout Documents
7. Prepare Record Drawings(Based on Contractor's As-Built Drawings)
SECTION 2—TIME OF SERVICE
2.1 The scope of services as defined above is based on a contract construction period of 240 calendar
days for the Owner's project, North 20th Street and Maple Improvements, generally to include periodic
inspection based on an estimated 24 hours of Inspector II time per week over the contract construction period.
Construction observation services under this contract amendment are based on construction work being
continuous throughout the construction period. Engineer will proceed with providing the services set forth
herein immediately upon execution of this Amendment No. 1 by all parties.
Page 1 of 2
SECTION 3—COMPENSATION
3.1 Owner shall compensate Engineer for providing the services set forth herein in accordance with the
terms of the Agreement. Total payment for the Scope of Services described herein shall not exceed Seventy
Two Thousand One Hundred and 00/100 Dollars($72,100.00)without written approval of Owner. These
Additional Services adjust the Agreement's not to exceed fee to $122,520.00.
AUTHORIZATION BY:
CITY OF VAN BUREN,ARKANSAS
By:
Joe Hurst
Mayor
Date:
ACCEPTED BY:
HAWKINS-WEIR ENGINEERS, INC.
By:
J. Kyle Salyer,P.E.,P.S.
Principal,Vice President
Date:
Page 2 of 2
' HAWKINS-WEIR ENGINEERS,INC.
AGREEMENT FOR PROFESSIONAL SERVICES
CITY OF VAN BUREN HWEI Project Number: 2020003
1003 BROADWAY Authorized by: MAYOR JOSEPH HURST
VAN BUREN,AR 72956 Project Manager: LARRY YANCEY,P.E.
PHK)NE: 479-474-1541 Date: JANUARY 22,2020
Description of Work: NORTH 20Tu STREET AND MAPLE STREET IMPROVEMENTS PROJECT
GENERAL: HAWKINS-WEIR ENGINEERS, INC. (HWEI) shall perform the professional services indicated on this Agreement. These services
shall ifclude serving as the Client's professional engineering and/or surveying representative providing consultation and advice as requested by this
Agree*lent.
i
SCOP OF SERVICES: Services to be provided by HWEI shall be as described on this Agreement and noted attachments and other services shall
not beImplied 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(NTE)$50,420.00,INCLUDING ANY APPLICABLE 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(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
r dered to client as provided in Arkansas Code Annotated 18-44-105.
• Th 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.
RlGH 'S: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 land 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;SCOPE OF SERVICES;HWEI CURRENT BILLING RATE STRUCTURE
ACC 'TED THIS q DAY OF ,2020 OR Verbal Authorization Received to Proceed with services
CITY OF VAN BUREN,ARKANSAS JANUARY 22,2020
ORGANIZATION,COMPANY,OR INDIVIDUAL ACCEPTING DATE
RESPONSIBILIT FOR PAYMEN FOR ERVICES RENDERED
BY
a i eir ngineers,Inc.
* PO BOX 648 * VAN BUREN,ARKANSAS 72957 * PHONE(479)474-1227 * FAX(479)474-8531 * I!
* 211 NATURAL RESOURCES DRIVE * LITTLE ROCK,ARKANSAS 72205 * PHONE(501)374-4846 *
* 438 EAST MILLSAP ROAD * SUITE 107 * FAYETTEVILLE,ARKANSAS 72703 * PHONE(479)455-2206 *
* AM C;ARRTSON AVF.NIT TP. * STTTTF 101 * FO1 T SMTTH ARKANSAS 77901 * PHC)NF(47917.42-46R5 * r