HomeMy WebLinkAbout52-24 RESOLUTIONFile Number: 2024-1666
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 52-24
WASTE RECYCLE EQUIPMENT SALES, LLC. (PURCHASE AGREEMENT):
A RESOLUTION TO APPROVE THE PURCHASE OF A MARA THON GALAXY BALER FROM WASTE
RECYCLE EQUIPMENT SALES, LLC. fN THE AMOUNT OF $664 ,174.00 , PURSUANT TO A SOURCEWELL
COOPERATIVE PURCHASING CONTRACT
WHEREAS , Fayetteville's recycling program uses a recycling baler to compact and process recyclable materials for
sale in recycling markets ; and
WHEREAS, the current baler, which was purchased in 2008 , has baled over I 00,000 bales , is no longer functional ,
and cannot be feasibly repaired.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section I: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the purchase of a Marathon
Galaxy 2R Baler from Waste Recycle Equipment Sales, LLC for the amount of $664 ,174 .0 0 , pursuant to a Sourcewell
cooperative purchasing contract
PASSED and APPROVED on February 6, 2024
Page 1
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2024-1666
MEETING OF FEBRUARY 6, 2024
TO: Mayor Jordan and City Council
THRU: Peter Nierengarten, Environmental Director
FROM: Brian Pugh, Waste Reduction Coordinator
DATE:
SUBJECT: Approve purchase of a Marathon Galaxy 2R baler from Waste Recycle Equipment
in the amount of $664,174 for baler replacement with the recycling program
RECOMMENDATION:
Approve purchase of a Marathon Galaxy 2R baler from Waste Recycle Equipment in the amount of
$664,174 for baler replacement with the recycling program
BACKGROUND:
Fayetteville’s recycling program uses a recycling baler to compact and process recyclable materials for
sale into recycling markets. Bales of materials are the most common way to move recycling materials to
markets to be made into new products. The current baler is no longer functional and cannot be feasibly
repaired. The existing baler was purchased in 2008 and has baled over 100,000 bales.
DISCUSSION:
The Recycling and Trash Collection Division has planned for replacement of the existing baler within the
Master Plan Expansion project for the Division. Staff has worked with Hawkins-Weir and Kessler
Consulting under the Recycling and Trash Facility Improvements project to identify a baler that would
minimize changes to the footprint of the recycling center and to make it easier for replacement. The new
baler will be purchased using Sourcewell contract #040621-MEC. In addition to the recycling baler, a
conveyor system to feed materials into the baler is also being purchased as the current conveyor system
is worn and in need of replacement as well.
BUDGET/STAFF IMPACT:
Purchase of the baler will be made with Project 18016.1 – RTC – Master Plan Expansion, 5500.750.5080-
5802.00. Sourcewell Contract pricing – Contract #040621-MEC
ATTACHMENTS: SRF (#3), Quote - City of Fayetteville (#4), 282-21 Res - Hawkins Weir (#5)
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2024-1666
Approve purchase of a Marathon Galaxy 2R baler from Waste Recycle Equipment in the
amount of $664,174 for baler replacement with the recycling program
A RESOLUTION TO APPROVE THE PURCHASE OF A MARATHON GALAXY BALER FROM
WASTE RECYCLE EQUIPMENT SALES, LLC. IN THE AMOUNT OF $664,174.00, PURSUANT
TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT
WHEREAS, Fayetteville’s recycling program uses a recycling baler to compact and process recyclable
materials for sale in recycling markets; and
WHEREAS, the current baler, which was purchased in 2008, has baled over 100,000 bales, is no longer
functional, and cannot be feasibly repaired.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the purchase of
a Marathon Galaxy 2R Baler from Waste Recycle Equipment Sales, LLC for the amount of
$664,174.00, pursuant to a Sourcewell cooperative purchasing contract
1/11/2024
Submitted Date
Yes
1,869,782.00$
664,174.00$
V20221130
Budgeted Item?
Does item have a direct cost?
Is a Budget Adjustment attached?
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
1,869,782.00$
-$
Yes
No -$
1,205,608.00$
18016.1
Project Number
Budget Impact:
RTC Master Plan Expansion
Fund
Recycling and Trash Collections5500.750.5080-5802.00
Account Number
Project Title
City of Fayetteville Staff Review Form
2024-1666
Item ID
2/6/2024
City Council Meeting Date - Agenda Item Only
Approve Purchase of a Marathon Galaxy 2R baler from Waste Recycle Equipment in the amount of $664,174 for
baler replacement with the recycling program
N/A for Non-Agenda Item
Action Recommendation:
Submitted By
Brian Pugh RECYCLING/TRASH COLLECTION (750)
Division / Department
Comments:
Purchase Order Number:
Change Order Number:
Previous Ordinance or Resolution #
Approval Date:
Original Contract Number:
Waste Recycle Equipment Sales, LLC Quote
715 Main Street DATE:December 21, 2023
Cassville, MO 65625 Quote
FOR:Fayetteville
Bill To:Ship To:
Brian Pugh City of Fayetteville
City of Fayetteville 1560 S. Happy Hollow Road
1560 S. Happy Hollow Road Fayetteville, AR 72701
Fayetteville, AR 72701
479-575-8398
AMOUNT
$436,532.00
In-Ground Pit Conveyor, Model CB-1-60-9-11-15-BG-C-35-7.5 $95,547.00
Galaxy Pro Remote Diagnostics System (Optional)$3,540.00
Upper Photo Cell (Optional)$1,629.00
Tongue and Groove Floor (Optional)$6,955.00
Externally Adjustable Shear Blades (Optional)$11,675.00
Conveyor Pit Cover Plates $4,375.00
Hopper Extension $3,965.00
VFD 10HP $3,595.00
Oil Heater System $4,005.00
Estimated Freight $10,150.00
Material Surcharge from Manufacture $55,706.00
Installation $26,500.00
Installation price does not include removal of the existing baler and conveyor. This will be done on
time and material basis.
Quote is based on Sourcewell Pricing. Contract #040621-MEC
TOTAL $664,174.00
Make all checks payable to Waste Recycle Equipment Sales, LLC.
If you have any questions concerning this invoice, contact James Popanz, (417) 846-3298, james@wrequip.com
DESCRIPTION
Quote to supply (1) New Marathon Galaxy 2R 190-70 75hp Two Ram Auto Tie Baler.
engineering or seismic engineering/modifications. Any changes required by inspectors
This Price does not include applicable taxes, inspection fees, permits, certifications,
or to meet local, state or national codes or requirements will be the responsibility of the end user
Lead time for this compactor is 24-26 weeks after receiving signed PO
Signature required for Approval:___________________________________Date:___________
Terms for business. Net 30 days after delivery.
THANK YOU FOR YOUR BUSINESS!
113 West Mountain Street
Fayetteville. AR 72701
479) 575-8323
Resolution: 282-21
File Number: 2021-0849
HAWKINS-WEIR ENGINEERS, INC.:
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES
AGREEMENT WITH HAWKINS-WEIR ENGINEERS, INC. IN AN AMOUNT NOT TO
EXCEED $197,000.00 FOR DESIGN AND BIDDING SERVICES FOR RECYCLING AND
TRASH FACILITY IMPROVEMENTS, AND TO APPROVE A BUDGET ADJUSTMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section l: That the City Council of the City of Fayetteville, Arkansas hereby approves a professional
engineering services agreement with Hawkins -Weir Engineers, Inc. in an amount not to exceed
197,000.00 for design and bidding services for Recycling and Trash Facility improvements.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment, a copy of which is attached to this Resolution.
PASSED and APPROVED on 1 1/16/2021
Attest: tRK rr fjl''
FgYE'7'EVI2LLE
Kara Paxton, City Clerk Treasure• . -%p S
jGO 1 CC
Page 1 Printed on 11/17121
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
479)575-8323
Text File
File Number: 2021-0849
Agenda Date: 11/16/2021 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Resolution
Agenda Number: A.6
HAWKINS-WEIR ENGINEERS, INC.:
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT
WITH HAWKINS-WEIR ENGINEERS, INC. IN AN AMOUNT NOT TO EXCEED $197,000.00 FOR
DESIGN AND BIDDING SERVICES FOR RECYCLING AND TRASH FACILITY IMPROVEMENTS,
AND TO APPROVE A BUDGET ADJUSTMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a professional
engineering services agreement with Hawkins -Weir Engineers, Inc. in an amount not to exceed $197,000.00
for design and bidding services for Recycling and Trash Facility improvements.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a
copy of which is attached to this Resolution.
City of Fayetteville, Arkansas Page 1 Printed on 11/17/2021
Peter Nierengarten
Submitted By
City of Fayetteville Staff Review Form
2021-0849
Legistar File ID
11/16/2021
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
10/29/2021 SUSTAINABILITY/RESILIENCE (631)
Submitted Date Division / Department
Action Recommendation:
Approval of a contract with Hawkins -Weir Engineers Inc. for design and bidding services for Recycling and
Trash Facility Improvements and approval of a budget adjustment to consolidate RTC projects.
L*YiI Yi YiliiII.::1i il
Account Number
18016.2101
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? Yes
Budget Impact:
Recycling & Trash Collections
Fund
RTC Facility Improvements
Project Title
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
817,000.00
817,000.00
197,000.00
117,220.00
737,220.00
V20210527
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF NOVEMBER 16, 2021
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
FROM: Peter Nierengarten, Environmental Director
DATE: October 29, 2021
CITY COUNCIL MEMO
SUBJECT: Contract with Hawkins -Weir Engineers Inc. for design and bidding services
for Recycling and Trash Facility Improvements
RECOMMENDATION:
Staff recommends approval of a contract with Hawkins -Weir Engineers Inc. for design and
bidding services for Recycling and Trash Facility improvements and approval of a budget
adjustment to consolidate RTC projects.
BACKGROUND:
The City of Fayetteville operates a solid waste transfer station and recycling processing facility
located at 1560 S. Happy Hollow Rd. The facilities are used to receive and process solid waste
and recyclables that are collected from residents and businesses in Fayetteville. Solid Waste is
deposited from residential, commercial and roll -off trucks to the transfer station floor where it is
pushed and packed into open top transport trucks for hauling to the Tontitown Landfill.
Recyclables from recycle trucks and multi -family recycling containers are deposited in the
recycling processing facility where they are bailed for sale to remanufacturers.
DISCUSSION:
Normal wear and tear on the facilities along with growth in the amount of material received over
the past several years has necessitated several improvements. The scope of work outlined in
the contract with Hawkins -Weir Engineers Inc. includes the development of plans, designs and
construction details for the following elements:
Design for the repair of the transfer station floor — Replacement of the concrete slab floor
in the transfer station.
East Building Expansion Design — Expand the transfer station to the east to allow space
for an excavator to operate out of the way of the transfer station front end loader. The
excavator is used to compact trash after it is pushed into open top transport trucks by
the excavator.
West & South Building Expansion Design — The recycling facility expansion is needed to
provide additional dry storage space for bailed recyclables and to allow reconfiguration
to accommodate space for additional recyclable material processing.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
BUDGET/STAFF IMPACT:
The maximum not -to -exceed amount authorized for this design and bidding services scope of
work is: $197,000. Funding for this work will come from the Recycling and Trash Collections
Capital Improvement Plan.
Attachments:
Agreement for Professional Engineering Services
Budget Adjustment
AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE. ARKANSAS
And
HAWKINS-WEIR ENGINEERS, INC.
Fayetteville Transfer Station Improvements: Design of building improvements at the City of
Fayetteville's Solid Waste Transfer Facility and Recycling Processing Facility.
THIS AGREEMENT is made as of 1 U6VUKbtje} & 2011, by and between City of
Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF
FAYETTEVILLE) and Hawkins -Weir Engineers, Inc. with offices located in Fayetteville,
Arkansas: Van Buren, Arkansas:. Fort Smith, Arkansas. and Little Rock, Arkansas (hereinafter
called ENGINEER).
CITY OF FAYETTEVILLE from time to time requires professional engineering services in
connection with the evaluation, planning, design, and/or construction administration of capital
improvement projects. Therefore, CITY OF FAYETTEVILLE and ENGINEER in consideration
of their mutual covenants agree as follows:
ENGINEER shall serve as CITY OF FAYETTEVILLE's professional engineering consultant in
those assignments to which this Agreement applies, and shall give consultation and advice to
CITY OF FAYETTEVILLE during the performance of ENGINEER's services. All services
shall be performed under the direction of a professional engineer registered in the State of
Arkansas and qualified in the particular field. If Construction Phase Services are to be provided
by ENGINEER under this Agreement, the construction shall be executed under the observation
of a professional engineer registered in the State of Arkansas in accordance with Arkansas Code
Amended §22-9-101.
Professional Services Rev. 102819 A — 1
SECTION 1- AUTHORIZATION OF SERVICES
1.1 Services on any assignment shall be undertaken only upon written Authorization of
CITY OF FAYETTEVILLE and agreement of ENGINEER.
1.2 Assignments from CITY OF FAYETTEVILLE to ENGINEER may include services
described hereafter as Basic Services or as Additional Services of ENGINEER.
1.3 Changes, modifications or amendments in scope, price or fees to this contract shall
not be allowed without a formal contract amendment approved by the Mayor and the
City Council in advance of the change in scope, costs, fees, or delivery schedule.
SECTION 2 - BASIC SERVICES OF ENGINEER
2.1 Perform professional design services in connection with the Project as hereinafter
stated.
2.1.1 The Scope of Services to be furnished by ENGINEER during this project is included
in Appendix A attached hereto and made part of this Agreement.
2.2 ENGINEER shall coordinate their activities and services with the CITY OF
FAYETTEVILLE. ENGINEER and CITY OF FAYETTEVILLE agree that
ENGINEER has full responsibility for the engineering services.
SECTION 3 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE
3.1 CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the
services of ENGINEER:
3.1.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the
Project.
3.1.2 Assist ENGINEER by placing at ENGINNER's disposal all available information
pertinent to the assignment including previous reports and any other data relative
thereto.
Professional Services Rev 102819.docx
A-2
3.1.3 Assist ENGINEER in obtaining access to property reasonably necessary for
ENGINEER to perform its services under this Agreement.
3.1.4 Examine all studies, reports, cost opinions, Bid Documents, Drawings, proposals, and
other documents presented by ENGINEER and render in writing decisions pertaining
thereto.
3.1.5 The Environmental Director is the CITY OF FAYETTEVILLE's project
representative with respect to the services to be performed under this Agreement.
Such person shall have complete authority to transmit instructions, receive
information, interpret and define CITY OF FAYETTEVILLE's policies and decisions
with respect to materials, equipment, elements and systems to be used in the Project,
and other matters pertinent to the services covered by this Agreement.
3.1.6 CITY OF FAYETTEVILLE will review all documents and provide written comments
to ENGINEER in a timely manner.
SECTION 4 - PERIOD OF SERVICE
4.1 This Agreement will become effective upon the first written notice by CITY OF
FAYETTEVILLE authorizing services hereunder.
4.2 The provisions of this Agreement have been agreed to in anticipation of the orderly
progress of the Project through completion of the services stated in the Agreement.
ENGINEER will proceed with providing the authorized services immediately upon
receipt of written authorization from CITY OF FAYETTEVILLE. Said authorization
shall include the scope of the services authorized and the time in which the services
are to be completed.
4.3 ENGINEER shall provide a schedule of its services and include such schedule with
the scope in Appendix A.
Professional Services Rev 102819.docx
A-3
SECTION 5 - PAYMENTS TO ENGINEER
5.1 The maximum not -to -exceed amount authorized for the Basic Services of the
Engineer (as defined by Section 2 of this Agreement) is $149,920.00. The maximum
not -to -exceed amount authorized for Reimbursable Expenses is $47,080.00.
Reimbursable Expenses shall be limited to a Geotechnical Investigation, Mechanical
Heating and Ventilation Design services, Facility Assessment and Conceptual Layout
services, and reproduction and printing costs.
5.2 The CITY OF FAYETTEVILLE shall compensate ENGINEER based upon a unit
price or lump sum basis as described in Appendix A.
5.2.1 The maximum not -to -exceed amount authorized for this Agreement is based upon the
estimated fee scope, hours, costs and expenses per phase. The estimated fee
spreadsheets shall be included in Appendix A. The amount for any phase may be
more or less than the estimate, however the maximum not -to -exceed amount shall not
be exceeded without a formal contract amendment.
5.3 Statements
5.3.1 Monthly statements for each calendar month shall be submitted to CITY OF
FAYETTEVILLE consistent with ENGINEER's normal billing schedule. Once
established, the billing schedule shall be maintained throughout the duration of the
Project. Applications for payment shall be made in accordance with a format to be
developed by ENGINEER and approved by CITY OF FAYETTEVILLE.
Applications for payment shall be accompanied each month by the updated project
schedule. Final payment for professional services shall be made upon CITY OF
FAYETTEVILLE's approval and acceptance with the satisfactory completion of the
professional engineering services.
5.4 Payments
5.4.1 All statements are payable upon receipt and generally due within thirty (30) days. If a
portion of ENGINEER's statement is disputed by CITY OF FAYETTEVILLE, the
Professional Services Rev 102819.docx
A-4
undisputed portion shall be paid by CITY OF FAYETTEVILLE by the due date.
CITY OF FAYETTEVILLE shall advise ENGINEER in writing of the basis for any
disputed portion of any statement. CITY OF FAYETTEVILLE will make reasonable
effort to pay invoices within 30 days of date the invoice is approved, however,
payment within 30 days is not guaranteed.
5.5 Final Payment
5.5.1 Upon satisfactory completion of the work performed under this Agreement, as a
condition before final payment under this Agreement, or as a termination settlement
under this Agreement, ENGINEER shall execute and deliver to CITY OF
FAYETTEVILLE a release of all claims against CITY OF FAYETTEVILLE arising
under or by virtue of this Agreement, except claims which are specifically exempted
by ENGINEER to be set forth therein. Unless otherwise provided in this Agreement
or by State law or otherwise expressly agreed to by the parties to this Agreement,
final payment under this Agreement or settlement upon termination of this Agreement
shall not constitute a waiver of CITY OF FAYETTEVILLE's claims against
ENGINEER or ENGINEER's sureties under this Agreement or applicable
performance and payment bonds, if any.
SECTION 6 - GENERAL CONSIDERATIONS
6.1 Insurance
6.1.1 During the course of performance of these services, ENGINEER will maintain (in
United States Dollars) the following minimum insurance coverages:
Professional Services Rev 102819.docx
A-5
6.1.2
rAp
al
Type of Coverage
Workers' Compensation
Employers' Liability
Commercial General Liability
Bodily Injury and
Property Damage
Automobile Liability:
Bodily Injury and
Property Damage
Professional Liability Insurance
Limits of Liability
Statutory
500,000 Each Accident
1,000,000 Combined Single Limit
1,000,000 Combined Single Limit
1,000,000 Each Claim
ENGINEER will provide to CITY OF FAYETTEVILLE certificates as evidence of
the specified insurance within ten days of the date of this Agreement and upon each
renewal of coverage.
CITY OF FAYETTEVILLE and ENGINEER waive all rights against each other and
their officers, directors, agents, or employees for damage covered by property
insurance during and after the completion of ENGINEER's services.
Professional Responsibility
ENGINEER will exercise reasonable skill, care, and diligence in the performance of
ENGINEER's services and will carry out its responsibilities in accordance with
customarily accepted professional engineering practices, CITY OF FAYETTEVILLE
Standards, Arkansas State Law and the Rules and regulations of the Arkansas Board
of Licensure For Professional Engineers and Professional Surveyors. CITY OF
FAYETTEVILLE will promptly report to ENGINEER any defects or suspected
defects in ENGINEER's services of which CITY OF FAYETTEVILLE becomes
aware, so that ENGINEER can take measures to minimize the consequent of such
defect. ENGINEER agrees not to seek or accept any compensation or
reimbursements from the CITY OF FAYETTEVILLE for engineering work it
performs to correct any errors, omissions or other deficiencies caused by
ENGINEER's failure to meet customarily accepted professional engineering
Professional Services Rev 102819.docx
A-6
practices. CITY OF FAYETTEVILLE retains all other remedies to recover for its
damages caused by any negligence of ENGINEER.
6.2.2 In addition ENGINEER will be responsible to CITY OF FAYETTEVILLE for
damages caused by its negligent conduct during its activities at the Project Site to the
extent covered by ENGINEER's Commercial General Liability and Automobile
Liability Insurance policies.
6.3 Cost Opinions and Projections
6.3.1 Cost opinions and projections prepared by ENGINEER relating to construction costs
and schedules, operation and maintenance costs, equipment characteristics and
performance, and operating results are based on ENGINEER's experience,
qualifications, and judgment as a design professional. Since ENGINEER has no
control over weather, cost and availability of labor, material and equipment, labor
productivity, construction Contractors' procedures and methods, unavoidable delays,
construction Contractors' methods of determining prices, economic conditions,
competitive bidding or market conditions, and other factors affecting such cost
opinions or projections, ENGINEER does not guarantee that actual rates, costs,
performance, schedules, and related items will not vary from cost opinions and
projections prepared by ENGINEER.
6.4 Changes
6.4.1 CITY OF FAYETTEVILLE shall have the right to make changes within the general
scope of ENGINEER's services, with an appropriate change in compensation and
schedule only after Fayetteville City Council approval of such proposed changes and,
upon execution of a mutually acceptable amendment or change order signed by the
Mayor of the CITY OF FAYETTEVILLE and the duly authorized officer of
ENGINEER.
Professional Services Rev 102819.docx
A-7
6.5 Termination
6.5.1 This Agreement may be terminated in whole or in part in writing by either party in
the event of substantial failure by the other parry to fulfill its obligations under this
Agreement through no fault of the terminating parry, provided that no termination
may be effected unless the other parry is given:
6.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail,
return receipt requested) of intent to terminate,
6.5.1.2 An opportunity for consultation with the terminating party prior to termination.
6.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF
FAYETTEVILLE for its convenience, provided that ENGINEER is given:
6.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail,
return receipt requested) of intent to terminate,
6.5.2.2 An opportunity for consultation with the terminating parry prior to termination.
6.5.3 If termination for default is effected by CITY OF FAYETTEVILLE, an equitable
adjustment in the price provided for in this Agreement shall be made, but
6.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or
other work,
6.5.3.2 Any payment due to ENGINEER at the time of termination may be adjusted to
cover any additional costs to CITY OF FAYETTEVILLE because of
ENGINEER's default.
6.5.4 If termination for default is effected by ENGINEER, or if termination for
convenience is effected by CITY OF FAYETTEVILLE, the equitable adjustment
shall include a reasonable profit for services or other work performed. The equitable
adjustment for any termination shall provide for payment to ENGINEER for services
rendered and expenses incurred prior to the termination, in addition to termination
Professional Services Rev 102819.docx
A — 8
settlement costs reasonably incurred by ENGINEER relating to commitments which
had become firm prior to the termination.
6.5.5 Upon receipt of a termination action under Paragraphs 6.5.1 or 6.5.2 above,
ENGINEER shall:
6.5.5.1 Promptly discontinue all affected work (unless the notice directs otherwise),
6.5.5.2 Deliver or otherwise make available to CITY OF FAYETTEVILLE all data,
drawings, specifications, reports, estimates, summaries and such other
information and materials as may have been accumulated by ENGINEER in
performing this Agreement, whether completed or in process.
6.5.6 Upon termination under Paragraphs 6.5.1 or 6.5.2 above CITY OF FAYETTEVILLE
may take over the work and may award another party an agreement to complete the
work under this Agreement.
6.5.7 If, after termination for failure of ENGINEER to fulfill contractual obligations, it is
determined that ENGINEER had not failed to fulfill contractual obligations, the
termination shall be deemed to have been for the convenience of CITY OF
FAYETTEVILLE. In such event, adjustments of the agreement price shall be made
as provided in Paragraph 6.5.4 of this clause.
6.6 Delays
6.6.1 In the event the services of ENGINEER are suspended or delayed by CITY OF
FAYETTEVILLE or by other events beyond ENGINEER's reasonable control,
ENGINEER shall be entitled to additional compensation and time for reasonable
costs incurred by ENGINEER in temporarily closing down or delaying the Project.
6.7 Rights and Benefits
6.7.1 ENGINEER'S services will be performed solely for the benefit of CITY OF
FAYETTEVILLE and not for the benefit of any other persons or entities.
Professional Services Rev 102819.docx
A-9
6.8 Dispute Resolution
6.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all
disputes between CITY OF FAYETTEVILLE and ENGINEER which arise from, or
in any way are related to, this Agreement, including, but not limited to the
interpretation of this Agreement, the enforcement of its terms, any acts, errors, or
omissions of CITY OF FAYETTEVILLE or ENGINEER in the performance of this
Agreement, and disputes concerning payment.
6.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first
negotiate. If timely Notice is given under Paragraph 6.8.3, but an action is initiated
prior to exhaustion of these procedures, such action shall be stayed, upon application
by either party to a court of proper jurisdiction, until the procedures in
Paragraphs 6.8.3 and 6.8.4 have been complied with.
6.8.3 Notice of Dispute
6.8.3.1 For disputes arising prior to the making of final payment promptly after the
occurrence of any incident, action, or failure to act upon which a claim is based,
the party seeking relief shall serve the other party with a written Notice;
6.8.3.2 For disputes arising within one year after the making of final payment, CITY OF
FAYETTEVILLE shall give ENGINEER written Notice at the address listed in
Paragraph 6.14 within thirty (30) days after occurrence of any incident, accident,
or first observance of defect or damage. In both instances, the Notice shall
specify the nature and amount of relief sought, the reason relief should be granted,
and the appropriate portions of this Agreement that authorize the relief requested.
6.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for
CITY OF FAYETTEVILLE and ENGINEER shall confer in an effort to resolve the
dispute. If the dispute cannot be resolved at that level, then, upon written request of
either side, the matter shall be referred to the President of ENGINEER and the Mayor
of CITY OF FAYETTEVILLE or his designee. These officers shall meet at the
Professional Services Rev 102819.docx
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Project Site or such other location as is agreed upon within 30 days of the written
request to resolve the dispute.
6.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of
obtaining funds to remit payment to ENGINEER for services rendered by
ENGINEER.
6.10 Publications
6.10.1 Recognizing the importance of professional development on the part of ENGINEER's
employees and the importance of ENGINEER's public relations, ENGINEER may
prepare publications, such as technical papers, articles for periodicals, and press
releases, pertaining to ENGINEER's services for the Project. Such publications will
be provided to CITY OF FAYETTEVILLE in draft form for CITY OF
FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE shall review such
drafts promptly and provide CITY OF FAYETTEVILLE's comments to ENGINEER.
CITY OF FAYETTEVILLE may require deletion of proprietary data or confidential
information from such publications, but otherwise CITY OF FAYETTEVILLE will
not unreasonably withhold approval. The cost of ENGINEER's activities pertaining
to any such publication shall be for ENGINEER's account.
6.11 Indemnification
6.11.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to
indemnify, defend, and hold harmless CITY OF FAYETTEVILLE and ENGINEER
from and against any and all loss where loss is caused or incurred or alleged to be
caused or incurred in whole or in part as a result of the negligence or other actionable
fault of the Contractors, or their employees, agents, Subcontractors, and Suppliers.
6.12 Ownership of Documents
6.12.1 All documents provided by CITY OF FAYETTEVILLE including original drawings,
disks of CADD drawings and cross sections, estimates, specification field notes, and
Professional Services Rev 102819.docx
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data are and remain the property of CITY OF FAYETTEVILLE. ENGINEER may
retain reproduced copies of drawings and copies of other documents.
6.12.2 The CITY OF FAYETTEVILLE acknowledges the ENGINEER's plans and
specifications, including documents on electronic media ("delivered documents"), as
instruments of professional services. Nevertheless, the delivered documents prepared
under this Agreement shall be delivered to and become the property of the CITY OF
FAYETTEVILLE upon completion of the services and payment in full of all monies
due to ENGINEER. Except for the ENGINEER's services provided for by this
Agreement as related to the construction and completion of the Project, the
ENGINEER accepts no liability arising from any reuse of the delivered documents by
the CITY OF FAYETTEVILLE, unless ENGINEER is retained by CITY OF
FAYETTEVILLE to make modifications or otherwise reuse the delivered documents.
Except where the CITY OF FAYETTEVILLE reuses the delivered documents
subsequent to the completion of the Project, nothing contained in this paragraph shall
alter the ENGINEER's responsibilities and obligations under this Agreement.
6.12.3 Any files delivered in electronic medium may not work on systems and software
different than those with which they were originally produced. ENGINEER makes no
warranty as to the compatibility of these files with any other system or software.
Because of the potential degradation of electronic medium over time, in the event of a
conflict between the sealed original drawings/hard copies and the electronic files, the
sealed drawings/hard copies will govern.
Professional Services Rev 102819.docx
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6.13 Notices
6.13.1 Any Notice required under this Agreement will be in writing, addressed to the
appropriate party at the following addresses:
CITY OF FAYETTEVILLE's address:
113 West Mountain
Fayetteville, AR 72701
ENGINEER's address:
438 East Millsap Road, Suite 200
Fayetteville, AR 72703
6.14 Successor and Assigns
6.14.1 CITY OF FAYETTEVILLE and ENGINEER each binds himself and his successors,
executors, administrators, and assigns to the other party of this Agreement and to the
successors, executors, administrators, and assigns of such other party, in respect to all
covenants of this Agreement; except as above, neither CITY OF FAYETTEVILLE
nor ENGINEER shall assign, sublet, or transfer his interest in the Agreement without
the written consent of the other.
6.15 Controlling Law
6.15.1 This Agreement shall be subject to, interpreted and enforced according to the laws of
the State of Arkansas without regard to any conflicts of law provisions.
6.16 Entire Agreement
6.16.1 This Agreement represents the entire Agreement between ENGINEER and CITY OF
FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in
purchase orders do not generally apply to professional services, in the event CITY OF
FAYETTEVILLE issues to ENGINEER a purchase order, no preprinted terms
thereon shall become a part of this Agreement. Said purchase order document,
Professional Services Rev 102819.docx
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whether or not signed by ENGINEER, shall be considered as a document for CITY
OF FAYETTEVILLE's internal management of its operations.
SECTION 7 - SPECIAL CONDITIONS
7.1 Additional Responsibilities of ENGINEER:
7.1.1 CITY OF FAYETTEVILLE's or any Federal or State Agency's review, approval, or
acceptance of design drawings, specifications, reports and other services furnished
hereunder shall not in any way relieve ENGINEER of responsibility for the technical
adequacy of the work. Neither CITY OF FAYETTEVILLE's nor any Federal or
State Agency's review, approval or acceptance of, nor payment for any of the
services shall be construed as a waiver of any rights under this Agreement or of any
cause of action arising out of the performance of this Agreement.
7.1.2 ENGINEER shall be and shall remain liable, in accordance with applicable law, for
all damages to CITY OF FAYETTEVILLE caused by ENGINEER's negligent
performance of any of the services furnished under this Agreement except for errors,
omissions or other deficiencies to the extent attributable to CITY OF
FAYETTEVILLE or CITY OF FAYETTEVILLE-furnished data.
7.1.3 ENGINEER's obligations under this clause are in addition to ENGINEER's other
express or implied assurances under this Agreement or State law and in no way
diminish any other rights that CITY OF FAYETTEVILLE may have against
ENGINEER for faulty materials, equipment, or work.
7.2 Remedies
7.2.1 Except as may be otherwise provided in this Agreement, all claims, counter -claims,
disputes and other matters in question between CITY OF FAYETTEVILLE and
ENGINEER arising out of or relating to this Agreement or the breach thereof will be
decided in a court of competent jurisdiction within Arkansas.
Professional Services Rev 102819.docx
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7.3 Audit: Access to Records
7.3.1 ENGINEER shall maintain books, records, documents and other evidence directly
pertinent to performance on work under this Agreement in accordance with generally
accepted accounting principles and practices consistently applied in effect on the date
of execution of this Agreement. ENGINEER shall also maintain the financial
information and data used by ENGINEER in the preparation of support of the cost
submission required for any negotiated agreement or change order and send to CITY
OF FAYETTEVILLE a copy of the cost summary submitted. CITY OF
FAYETTEVILLE, the State or any of their authorized representatives shall have
access to all such books, records, documents and other evidence for the purpose of
inspection, audit and copying during normal business hours. ENGINEER will provide
proper facilities for such access and inspection.
7.3.2 Records under Paragraph 7.3.1 above, shall be maintained and made available during
performance on assisted work under this Agreement and until three years from the
date of final payment for the project. In addition, those records which relate to any
controversy arising out of such performance, or to costs or items to which an audit
exception has been taken, shall be maintained and made available until three years
after the date of resolution of such appeal, litigation, claim or exception.
7.3.3 This right of access clause (with respect to financial records) applies to:
7.3.3.1 Negotiated prime agreements:
7.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000
affecting the price of any formally advertised, competitively awarded, fixed price
agreement:
7.3.3.3 Agreements or purchase orders under any agreement other than a formally
advertised, competitively awarded, fixed price agreement. However, this right of
access does not apply to a prime agreement, lower tier subagreement or purchase
order awarded after effective price competition, except:
Professional Services Rev 102819.docx
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7.3.3.3.1 With respect to record pertaining directly to subagreement performance,
excluding any financial records of ENGINEER;
7.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be
involved;
7.3.3.3.3 If the subagreement is terminated for default or for convenience.
7.4 Covenant against Contingent Fees
7.4.1 ENGINEER warrants that no person or selling agency has been employed or retained
to solicit or secure this Agreement upon an agreement of understanding for a
commission, percentage, brokerage or continent fee, excepting bona fide employees
or bona fide established commercial or selling agencies maintained by ENGINEER
for the purpose of securing business. For breach or violation of this warranty, CITY
OF FAYETTEVILLE shall have the right to annul this Agreement without liability or
at its discretion, to deduct from the contract price or consideration, or otherwise
recover, the full amount of such commission, percentage, brokerage, or contingent
fee.
7.5 Gratuities
7.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that ENGINEER or
any of ENGINEER's agents or representatives, offered or gave gratuities (in the form
of entertainment, gifts or otherwise) to any official, employee or agent of CITY OF
FAYETTEVILLE, in an attempt to secure an agreement or favorable treatment in
awarding, amending or making any determinations related to the performance of this
Agreement, CITY OF FAYETTEVILLE may, by written notice to ENGINEER
terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights
and remedies that the law or this Agreement provides. However, the existence of the
facts on which CITY OF FAYETTEVILLE bases such finding shall be in issue and
may be reviewed in proceedings under the Remedies clause of this Agreement.
Professional Services Rev 102819.docx
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7.5.2 In the event this Agreement is terminated as provided in Paragraph 7.5.1, CITY OF
FAYETTEVILLE may pursue the same remedies against ENGINEER as it could
pursue in the event of a breach of the Agreement by ENGINEER. As a penalty, in
addition to any other damages to which it may be entitled by law, CITY OF
FAYETTEVILLE may pursue exemplary damages in an amount (as determined by
CITY OF FAYETTEVILLE) which shall be not less than three nor more than ten
times the costs ENGINEER incurs in providing any such gratuities to any such officer
or employee.
7.6 Arkansas Freedom of Information Act
7.6.1 City contracts and documents, including internal documents and documents of
subcontractors and sub -consultants, prepared while performing City contractual work
are subject to the Arkansas Freedom of Information Act (FOIA). If a Freedom of
Information Act request is presented to the CITY OF FAYETTEVILLE, ENGINEER
will provide the documents in a prompt and timely manner as prescribed in the
Arkansas Freedom of Information Act (A.C.A. §25-19-101 et seq.). Only legally
authorized photocopying costs pursuant to the FOIA may be assessed for this
compliance.
7.6.2 Pursuant to Arkansas Code Ann. § 25-19-105(b)(20), the personal information of
CITY OF FAYETTEVILLE solid waste customers must be treated as confidential
information and shall not be made available for inspection except by ENGINEER's
employees as required to fulfill the terms of this Agreement. Upon completion of
ENGINEER's contractual duties and after approval of ENGINEER's documents, the
ENGINEER agrees to destroy or return to CITY OF FAYETTEVILLE any copies of
records containing information about CITY OF FAYETTEVILLE solid waste
customers.
Professional Services Rev 102819.docx
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IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its
Mayor, and ENGINEER, by its authorized officer have made and executed this Agreement as of
the day and year first above written.
l y
ATTEST: = c%
By: J= FA 'r TTE\V/
City Clerk
9h'
9
ANSP`' , •,c •
HAWKINS-WEIR ENGINEERS, INC.
By: 3 Mh QaL4A,
Brett D. Peters, P.E.
Title: President & CEO
END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
Professional Services Rev 102819.docx
A-18
Appendix A
Scope of Services
Fayetteville Transfer Station ImprovementsHNIVofFayetteville, Arkansas
HW Project No. 2021061 CITY OF
October 13, 2021
FAYETTEVIILLE
ARKANSAS
Hawkins -Weir Engineers, Inc. (HW) proposes to provide the following engineering design
services for the Fayetteville Transfer Station Improvements project:
A. Final Design Phase
1. Participate in a project kickoff meeting with the Owner and prepare a meeting summary
2. Develop a Geotechnical request for sub -consultant proposal to obtain two (2) bores at
each proposed building expansion, and one (1) bore beneath the existing transfer station
slab
3. Perform a site reconnaissance visit
a. Perform afield survey of the interior of the transfer station and the exterior of the facility
in those areas identified for building expansion. Engineer shall coordinate with the
survey crew to obtain the survey information necessary at all three (3) locations
b. Obtain measurements and other pertinent information regarding the existing facility
layout and structural members to facilitate the tie-in of the proposed expansions to the
existing facility
c. Obtain measurements of the existing transfer station floor slab to facilitate the
delineation of its removal and replacement
4. Transfer Station Floor SlabM
a. Review available record drawings of the existing facility
b. Perform the analysis and design of the transfer station floor slab
Analyze and determine the most economical floor slab thickness and
reinforcement
ii. Coordinate with a miscellaneous metals manufacturer to assist in the
development of details for the steel plate and lip at the edge of the floor slab
5. West Building Expansion
a. Review available record drawings of the existing facility
b. Coordinate with a pre-engineered metal building manufacturer to determine the most
cost effective expansion configuration [40' X 40' or 40' X 60' (approximately the full
building width)]
c. Develop a foundation plan and details
2021061\Appendix A Scope of Services 101321.docx Page 1 of 4
Appendix A
Scope of Services
Fayetteville Transfer Station ImprovementsHNIVofFayetteville, Arkansas
HW Project No. 2021061 CITY OF
October 13, 2021
FAYETTEVIILLE
ARKANSAS
d. Develop details coordinating the modifications to the existing pre-engineered metal
building and the proposed metal building expansion
e. Perform electrical engineering to accommodate increased heat and ventilation power
requirements, and develop an interior lighting plan
f. Coordinate with the Mechanical Heating and Ventilation subconsultant to
accommodate increased heat and ventilation requirements
6. East Building Expansion
a. Review available record drawings of the existing facility
b. Develop a foundation plan and details
c. Develop details coordinating the modifications to the existing pre-engineered metal
building and the proposed metal building expansion
d. Perform electrical engineering to accommodate increased heat and ventilation power
requirements, and develop an interior lighting plan
7. South Building Expansion [Recycling Processing Facility]
a. Participate in a kickoff meeting with MRF Consultant and the Owner and prepare a
meeting summary
b. Assist with MRF Consultant's 2-day on -site assessment
c. Participate in review meetings and a design workshop to review MRF Consultant's
findings and assessments
d. Develop a foundation plan and details
e. Develop details coordinating the modifications to the existing pre-engineered metal
building and the proposed building expansion
f. Perform electrical engineering to accommodate increased heat and ventilation power
requirements, develop an interior lighting plan, and accommodate equipment power
requirements
g. Perform an evaluation of future truck traffic patterns around the proposed facility
h. Coordinate with the Mechanical Heating and Ventilation subconsultant to
accommodate increased heat and ventilation requirements
2021061\Appendix A Scope of Services 101321.docx Page 2 of 4
Appendix A
Scope of Services
Fayetteville Transfer Station ImprovementsHNIVofFayetteville, Arkansas
HW Project No. 2021061 CITY OF
October 13, 2021 FAYETTEVARKANSAS LE
8. Prepare final design drawings, construction details, and specifications
a. Prepare and submit a 90% set of design documents, including a 90% cost estimate
Participate in a 90% design review meeting and prepare a meeting summary
b. Prepare and submit a final set of design documents sealed by a Professional Engineer
licensed in the State of Arkansas, including a final cost estimate
Perform an internal QA/QC review
ii. Incorporate any Owner or HW initiated review comments into the Final Plans and
Specifications
9. Deliver four (4) full sized copies and one (1) electronic copy of the plans and Contract
Documents to the City for their use and reproduction
B. Advertising and Bidding Phase
1. Assist the City in advertising the project for bidding
2. Conduct a pre -bid conference with the Owner and prospective bidders
3. Prepare any necessary bidding addendums
4. Assist the City in receiving bids and preparing a certified bid tabulation
5. Review bids and prepare a recommendation to the City for the award of a Construction
Contract
6. Assist in the preparation of Contract Documents for execution between the City and
Contractor
C. Exclusions to the Scope of Services
The design and bidding phase services provided by Hawkins -Weir do not include the
following:
1. Construction Phase Services. We understand that these services may be added by
Amendment to our Agreement at a later date
2. Boundary Surveys
3. Deed or easement research
4. Preparation of deed or easement description
5. Environmental assessment and evaluation of the site
2021061\Appendix A Scope of Services 101321.docx Page 3 of 4
Appendix A
Scope of Services
Fayetteville Transfer Station ImprovementsHNIVofFayetteville, Arkansas
HW Project No. 2021061 CITY OF
October 13, 2021
FAYETTEVILLE
ARKANSAS
6. Construction layout staking for the Contractor, except that HW will provide two (2)
construction control points
7. Landscaping, tree planting, and irrigation design services
8. Design of utility relocation plans
Initial assumption is that the Contractor will be permitted to construct the entire Transfer Station
floor slab at once
2021061\Appendix A Scope of Services 101321.docx Page 4 of 4
City of Fayetteville, Arkansas
Fayetteville Transfer Station Improvements _
HWEI Project No. 2021061
October 13, 2021
CITY OF
FAYETTEVILLE
ARKANSAS
A. Final Design Phase
Task
1. Participate in a project kickoff meeting with the Owner and prepare a meeting summary
2. Develop a Geotechnical request for sub -consultant proposal to obtain two (2) bores at each proposed building expansion, and one (1) bore
beneath the existing transfer station slab
3. Perform a site reconnaissance visit
a. Perform a field survey of the interior of the transfer station and the exterior of the facility in those areas identified for building expansion.
Engineer shall coordinate with the survey crew to obtain the survey information necessary at all three (3) locations
b. Obtain measurements and other pertinent information regarding the existing facility layout and structural members to facilitate the tie-in of
the proposed expansions to the existing facility
C. Obtain measurements of the existing transfer station floor slab to facilitate the delineation of its removal and replacement
4. Transfer Station Floor Slab(')
a. Review available record drawings of the existing facility
b. Perform the analysis and design of the transfer station floor slab
i. Analyze and determine the most economical floor slab thickness and reinforcement
ii. Coordinate with a miscellaneous metals manufacturer to assist in the development of details for the steel plate and lip at the edge of the
floor slab
5. West Building Expansion
a. Review available record drawings of the existing facility
b. Coordinate with a pre-engineered metal building manufacturer to determine the most cost effective expansion configuration [40' X 40' or
40' X 60' (approximately the full building width)]
c. Develop a foundation plan and details
d. Develop details coordinating the modifications to the existing pre-engineered metal building and the proposed metal building expansion
e. Perform electrical engineering to accommodate increased heat and ventilation power requirements, and develop an interior lighting plan
f. Coordinate with the Mechanical Heating and Ventilation subconsultant to accommodate increased heat and ventilation requirements
6. East Building Expansion
a. Review available record drawings of the existing facility
b. Develop a foundation plan and details
c. Develop details coordinating the modifications to the existing pre-engineered metal building and the proposed metal building expansion
d. Perform electrical engineering to accommodate increased heat and ventilation power requirements, and develop an interior lighting plan
7. South Building Expansion [Materials Recycling Facility (MRF)]
a. Participate in a kickoff meeting with MRF Subconsultant and the Owner and prepare a meeting summary
b. Assist with MRF Subconsultant's 2-day on -site assessment
c. Participate in review meetings and a design workshop to review MRF Subconsultant's findings and assessments
d. Develop a foundation plan and details
e. Develop details coordinating the modifications to the existing pre-engineered metal building and the proposed building expansion
f. Perform electrical engineering to accommodate increased heat and ventilation power requirements, develop an interior lighting plan, and
g. Perform an evaluation of future truck traffic patterns around the proposed facility
h. Coordinate with the Mechanical Heating and Ventilation subconsultant to accommodate increased heat and ventilation regt
8. Prepare final design drawings, construction details, and specifications
a. Prepare and submit a 90 % set of design documents, including a 90 % cost estimate
i. Participate in a 90 % design review meeting and prepare a meeting summary
b. Prepare and submit a final set of design documents sealed by a Professional Engineer licensed in the State of Arkansas, i
cost estimate
i. Perform an internal QA/QC review
ii. Incorporate any Owner or HW initiated review comments into the Final Plans and Specifications
9. Deliver four (4) full sized copies and one (1) electronic copy of the plans and Contract Documents to the City for their use and
a
Favefteville Transfer Station Improvements
1 Zo4l,u4ul
2021061\Scope of Services and Fee Proposal 101321.xlsx
B. Advertising and Bidding Phase
Task
3. Prepare any necessary bidding addendums
4. Assist the City in receiving bids and preparing a
5. Review bids and Dreoare a recommendation to
6.
C Rpimhursahlp Fxnencpc
a
City of Fayetteville, Arkansas
Fayetteville Transfer Station Improvements _
HWEI Project No. 2021061
IOctober13, 2021
CITY OF
FAYETTEVILLE
ARKANSAS
TOTAL HOURS=
Favetteville Transfer Station Improvements
Engr
VII
Engr
V
Engr
III
Engr
II
GPS
Survey
Inspector
II
Tech
III
Tech
1
Total
Hours
2 2
2 2 2 6
4 4 16 8 4 36
2 2 4
2 4 2 2 10
2 2 2 6
8 16 24 1 0 0 1 0 8 8 64
1 $8,2801
Favetteville Trnncfpr Station Imnrnvempntc
Item Description Total
1. Reproduction & Printing Plans and Specifications reproduction 1,000
2. Geotechnical Sub -consultant 9,580
3. Mechanical Heating and Ventilation Sub -consultant 4,500
4. Facility Assessment & Conceptual Layout Sub -consultant 32,000
Total Estimated Reimbursable Expenses 1 $47,080
ENGINEERING SERVICES SUMMARY Fayetteville Transfer Station Improvements
A. Final Design Phase $141,640
B. Advertising and Bidding Phase $8,280
C. Reimbursable Expenses $47,080
Total Engineering Fee - Not to Exceed =
1) Initial assumption is that the Contractor will be permitted to construct the entire Transfer Station floor slab at once.
197
2021061\Scope of Services and Fee Proposal 101321.xlsx
Engineer
Standard Billing Rate Structure
For Hourly Fee Based Contracts
Hawkins -Weir Engineers, Inc.
Effective August 15, 2021 through August 13, 2022"'
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)
Inspector II
Inspector I
Field Surveying
GPS Survey
Surveyor
Administrative
Business Manager
Expert Witness
Preparation
Testimony, less than 1/2 day
Testimony, per Day
120 Per Hour
75 Per Hour
65 Per Hour
175 Per Hour
90 Per Hour
85 Per Hour
At Engineer's Hourly Rate
1,000
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(2) 0.56 per mile effective 1/1/21
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.
DATE (MM(DO/YYYY)
AIR" CERTIFICATE OF LIABILITY INSURANCE
10/20/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME: Amanda Palmer
BXS Insurance PHONE FAX
PO Box 251510 ac Na t: 501-614-1571 _ ac No:501-614-1447
Little Rock AR 72225- ADDRESS: amanda.palmer(Mbxsi.com
INSURED
Hawkins -Weir Engineers, Inc.
P.O. Box 648
Van Buren AR 72957
HAWKENG-01
INSURER(S) AFFORDING COVERAGE NAIC t
Hartford Insurance Comoanv of MidW 37478
COVERAGES CERTIFICATE NUMBER- 75(15A7';5.; REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
TYPE OF INSURANCELTR
ADDL SUBR,
POLICY NUMBER
POLICY EFF
MMIO
POLICY EXP
M LIMITS
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE
CLAIMS -MADE OCCUR
DAMAGE TO-RENTE-D
PREMISES Ea occurrence)
MED EXP (Any one person)
I
PERSONAL & ADV INJURY
AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE EGEML
POLICY JECT LOG I PRODUCTS-COMP/OPAGG
OTHER:
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
Ea accident
BODILY INJURY (Per person) ANY AUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS
BODILY INJURY (Per accident)
PROPERTYDAMAGE
Per accident
HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
UMBRELLALIAB OCCUR EACH OCCURRENCE
AGGREGATEEXCESSLIARCLAIMS -MADE
DED RETENTION $
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
i
PER OTH-
STATUTE ER
ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT
OFFICER/MEMBEREXCLUDED? NIA
Mandatory in NH) E.L. DISEASE - EA EMPLOYEE
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT
A Professional Uability 380HO38729221 7/11/2021 7/11/2022 Each Claim Limit 1,000,000
Aggregate 2,000,000
I
DESCRIPTION OF OPERATIONS / LOCATIONS f VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
Project #2021061 Fayetteville Transfer Station Improvements
L&KIII- lf;AIt H! L I;ANL;tLLAIIVN
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
of a evill Arkansas
113 We Moun In Street
Fayette Ile 72701
AUTHORIZED REPRESENTATIVE
1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
Client#: 53866 HAWKWEIR
DATE (MMJDDrfYYY)
ACORD-. CERTIFICATE OF LIABILITY INSURANCE 1 10/20/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s).
PRODUCER NAMEACT Trudy Henry _ _
Greyling Ins. Brokerage/EPIC AICC,PHONE , Ext : 770.552-4225 N, No): 866-550-4082
3780 Mansell Rd. Suite 370 E-MAIL
aceccertificaes re IlnADDRESS: t g y gcom
Alpharetta, GA 30022
INs o vERAG N
INSURED
Hawkins -Weir Engineers, Inc.
P.O. Box 648
Van Buren, AR 72957
URER(S) AFF RDING CO E AN;
INSURER A: Sentinel Insurance Company 11 OOO
INSURER B : Hartford Ins Cc of the Midwest _ 37478
INSURER C :
INSURER D :
T
COVERAGES CERTIFICATE NUMBER: 21-22 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSRLTR TYPE OF INSURANCE ADDLINSR SUERWVD POLICY NUMBER
POLICY EFFMM/DD/YYYY POLICY EXPMMIDD/YYYY LIMITS
A X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE I OCCUR
20SBWZM2676 11/01/2021 11/01/2022 EEAACH OECTCURRENCE 1 000000
PREMISES ERaEONxTurrence 1,000 1 000
MED EXP (My one person) 1 O 000
PERSONAL & ADV INJURY 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY JECOT- LOC
OTHER:
GENERAL AGGREGATE s2 000,000
PRODUCTS 2,000,000
A AUTOMOBILE LIABILITY
X ANY AUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS
HIREDX NON -OWNED
AUTOS ONLY X AUTOS ONLY
20UEGNM6289 11/0112021 11/01/202 EOaB cl.ritSINGLELIMIT 1,000,000
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
PROPERTY DAMAGE
Per aoddent
A X UMBRELLA UAB I
EXCESS LIAR
X OCCUR
CLAIMS -MADE
20SBWZM2676 1/01/2021 11101/2022 EACH OCCURRENCE s2,000,000
AGGREGATE s2,000,000
DED I X RETENTION $10000
B WORKERS COMPENSATION
AND EMPLOYER$• LIABILITY
ANY PROPRIETORIPARTNER/EXECUTIVE Y/ N
OFFICER/MEMBER EXCLUDED? "
Mandatory In NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N / A
20WEGPV0830 11101112021 11101/2022 X PER I IOTH-
E.L. EACH ACCIDENT 00O OOO
E.L. DISEASE - EA EMPLOYEE 500 000
E.L. DISEASE - POLICY LIMIT s500,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required)
Re: Project# 2021061, Fayetteville Transfer Station Improvements. City of Fayetteville, Arkansas is named
as an Additional Insured on the above referenced liability policies with the exception of workers
compensation where required by written contract. Waiver of Subrogation is applicable where required by
written contract 8r allowed by law.
City f Fayetteville, Arkansas
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
ty oy THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 113
West I ountain et ACCORDANCE WITH THE POLICY PROVISIONS. Fayettev'
AR 7270 AUTHORIZED
REPRESENTATIVE 1
1988-
2015 ACORD CORPORATION. All rights reserved. ACORD
25 (2016/03) 1 1 The ACORD name and logo are registered marks of ACORD S2945773/
M2 17 KTRU1
City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year Division Adjustment Number
Org2
RECYCLING/TRASH COLLECTION (750)
2021
Requestor: Peter Nierengarten
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
Staff recommends approval of a contract with Hawkins -Weir Engineers Inc. for design and bidding services for Recycling
and Trash Facility Improvements and approval of a budget adjustment to consolidate projects.
RESOLUTION/ORDINANCE
COUNCIL DATE: 1 1 /1 6/2021
LEGISTAR FILE ID#: 2021-0849
yovy 3lack
I1/2/2021 8:49 AM
Budget Director Date
TYPE:
D - (City Council)
JOURNAL #:
GLDATE:
11/16/2021
CHKD/POSTED:
TOTAL
Account Number
Increase / (Decrease)
Expense Revenue
Proiect.Sub#
Project Sub.Detl AT
v.2021 1011
Account Name
5500.750.5080-5816.00 91,167) - 18018 1 EX Improvements - Solid Waste
5500.750.5080-5816.00
5500.750.5080-5802.00
26,053) -
79,780) -
07012 1 EX
18016 1 EX
Improvements - Solid Waste
Vehicles & Equipment - base
5500.750.5080-5860.02 197,000 - 18016 2101 EX Capital Prof Svcs - Engineering/Architectu
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