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RES NO 01-02-2022 Y. i .z CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. OZ. -2022 t BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS,A RESOLUTION TO BE ENTITLED: s 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. i NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: 4 I 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 preliminary engineering and designs, and cost estimates for the above listed projects. Payment for such engineering services shall not exceed $25,000.00 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 & for and O against, the foregoing Resolution at its regular meeting held on the 24th day of January 2022. oseph P. r ATTESTED: APPR O FORM: Ph lis Thomas Jacob H City Clerk/Treasurer City Attorney 4 E E HAWKI N S jWE t R E N G I N E E R S , I N C . Engineering Client Success January 6, 2022 Honorable Joseph Hurst, Mayor City of Van Buren, Arkansas 1003 Broadway Van Buren, Arkansas 72956 Re: Conceptual Planning for 2022 Capital Improvement Program HWEI Project No. 2022001 Mayor Hurst: We appreciate the opportunity to submit this proposal for engineering services associated with conceptual planning for the 2022 Capital Improvement Program for the City of Van Buren, Arkansas. Our Basic Services will consist of conceptual planning for various projects that you may identify as part of the City's 2022 Capital Improvement Program. These services may include preliminary engineering, surveying, cost estimating, and assisting with the preparation of any funding applications. 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 a project is appropriated by the City or a funding agency that we will separate this project 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, including 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. 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. 11( ,,, "th tr •,'t l t', tc„ 1,` \ <ul I; l,,•„ \I —,. ;— . I,I. 1—,j, 1-4-1?'— '1I `.,ltul,ll I ,„wi t ri • I IttL K,,,J. \f _ _it_ • I'll 1�, I-,l�t \I�II�,IE Ku:u{ • �ulh_ ,Ih) • *,l•., tt,-� III,• alp —,—�1; . I'!1 (�—'l) I�i-„I)i, 11�_i i ;,lff l��,Il �.`, _'lltt+.' • "tl ltt' I{'I • 1, t -Illlt 11 -�li —�,nll • I'll i-1 'll -1_'-1�,,�� 2022001\JH010622LY.docx Honorable Joseph Hurst, Mayor Page 2 January 6, 2022 We will commence this work immediately upon your identification of a project 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 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, comments, or require additional information, please do not hesitate to call. Sincerely, HAWKINS-WEI GINEERS, INC. L ryE. Y , P. . LEY/ihc Enclosures: Agreement for Professional Services —Two (2) copies Standard Hourly Billing Rate Structure, effective January 1, 2022 cc: Becky Horne, Business Manager, Hawkins-Weir Engineers, Inc. l 1l'U'U'.�1QU!�111ti-1Pt'11'.Ct)111 s. s: 2022001\JH010622LY.docx F HAWKINS-WEIR ENGINEERS,INC. AGREEMENT FOR PROFESSIONAL SERVICES CITY OF VAN BUREN HWEI Project Number: 2022001 �003 BROADWAY Authorized by: MAYOR JOSEPH HURST `BAN BUREN,AR 72956 Project Manager: LARRY YANCEY tHONE: 474-474-1541 Date: JANUARY 6,2022 ]Description of Work: CONCEPTUAL PLANNING FOR 2022 CAPITAL IMPROVEMENTS PROGRAM GEN :HAWKINS-WEIR ENGINEERS,INC.(HWEI)shall perform the professional services indicated on this Agreement. These services shall includl serving as the Client's professional engineering and/or surveying representative providing consultation and advice as requested by this Agreement. SCOM 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. INFOtMATION PROVIDED BY CLIENT: The Client shall provide all criteria and full information such as surveys, legal descriptions,subsurface r explorhtions, hydrographic surveys, laboratory tests, flood plain data, environmental assessments, environmental impact statements, utility or other easemZnts, zoning and deed restrictions as may be available to the Client which pertain to the work to be performed. HWEI may rely on such informiation 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. REUSIE OF DOCUMENTS: All documents including drawings, specifications and reports prepared by or furnished by HWEI pursuant to this Agreeilent are instruments of service with regard to the work being performed and HWEI shall retain an ownership and property interest therein.Client may r*ke 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)$25,000.00,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 HWEL HWEI shall be paid for all services rendered to the tine of termination. • Mess 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 c llection 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 8. 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 litiiitation shall apply regardless of the cause of action or legal theory pled or asserted. RIGH t 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 ind 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. t° ATTACHMENTS LETTER PROPOSAL.CURRENT HWEI STANDARD BILLING RATES SCHEDULE ACCEPTED THIS DAY OF 2022 OR Verbal Authorization Received to Proceed with services CITY OF VAN BUREN,ARKANSAS JANUARY 6,2022 E ORGANIZATION,COMPANY,OR INDIVIDUAL ACCEPTING E RESPONSIBILITY FOR AYMENT FOR SERVICES RENDERED BY {, Hawki s- e 60pders,Inc. g • 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)3744846 • 438 EAST MILLSAP ROAD,SUITE 200 FAYETTEVILLE,ARKANSAS 72703 • PHONE(479)455-2206 All',-AI­l1l.T .�-I.ir- -I- I- ....... ............. --- HAWKINS-WEIR ENGINEERS,INC. AGREEMENT FOR PROFESSIONAL SERVICES CITY OF VAN BUREN HWEI Project Number: 2022001 t003 BROADWAY Authorized by: MAYOR JOSEPH HURST BAN BUREN,AR 72956 Project Manager: LARRY YANCEY #HONE: 474-474-1541 Date: JANUARY 6,2022 $Iescription of Work: CONCEPTUAL PLANNING FOR 2022 CAPITAL IMPROVEMENTS PROGRAM t r GEN :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. ' SCOPI 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. i 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. PE TS: 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. r COMPENSATION FOR SERVICES:HWEI shall be compensated for services rendered under this Agreement as follows: i HOURLY NOT TO EXCEED(NTE)$25,000.00,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, k 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 F. 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 l 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 1 rendered to client as provided in Arkansas Code Annotated 18-44-105. • T¢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 c(*npensation received by HWEI,not including reimbursable expenses and subconsultant fees,for all services rendered on the project. This litpitation shall apply regardless of the cause of action or legal theory pled or asserted. RIGH IS: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 ind 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. I ATTACHMENTS LETTER PROPOSAL,CURRENT HWEI STANDARD BILLING RATES SCHEDULE i ACCEPTED THIS DAY OF 2022 OR Verbal Authorization Received to Proceed with services CITY OF VAN BUREN,ARKANSAS JANUARY 6,2022 e ORGANIZATION,COMPANY,OR INDIVIDUAL ACCEPTING DATE a RESPONSIBILITY F R PAYMENT FOR SERVICES RENDERED ` BY c a - eir meers,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 200 FAYETTEVILLE,ARKANSAS 72703 • PHONE(479)455-2206 - A—l AitT —1 i II--rr nr..mr Standard Billing Rate Structure For Hourly Fee Based Contracts Hawldns-Weir Engineers,Inc. Effective August 15,2021 through August 13,2022t1t Engineer Engineer VII $ 195 Per Hour Engineer VI $ 175 Per Hour Engineer V $ 160 Per Hour Engineer IV $ 145 Per Hour Engineer III $ 130 Per Hour Engineer II $ 115 Per Hour Engineer I $ 90 Per Hour Engineering Technician Designer II $ 110 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 F' Field Surveying GPS Survey $ 175 Per Hour Surveyor $ 90 Per Hour Administrative Business Manager $ 85 Per Hour Expert Witness Preparation At Engineer's Hourly Rate Testimony,less than 1/2 day $1,000 t Testimony,per Day $2,000 Expenses Reimbursable Expenses and upcharges are determined by the Client Agreement/Contract Subconsultants/Outside Services 1' Express Delivery,Field Supplies,Testing,Review/Filing Fees and Advertising Travel: Hotel and meals Actual Cost Vehicle"' $0.585 per mile effective l/l/22 Reproduction: Outside printing service Actual Cost t 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 I i x 17 Size Copy-B&W $ 1.50 Per Copy 11 x 17 Size Copy-Color $ 5.00 Per Copy 1 CD Copy $ 5.00 Per Copy Binding $ 1.00 Each x k 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. g (2)To be adjusted periodically to current IRS mileage rate. All Billings are due upon receipt unless prior arrangements for payment have been made.