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HomeMy WebLinkAbout179-24 RESOLUTION[PvEI •PNSti 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 179-24 File Number: 2024-229 HAWKINS-WEIR ENGINEERS, INC. (AMENDMENT NO. 1): A RESOLUTION TO APPROVE AMENDMENT NO. 1 TO THE ENGINEERING SERVICES CONTRACT WITH HAWKINS-WEIR ENGINEERS, INC. IN AN AMOUNT NOT TO EXCEED $155,500.00 FOR PROFESSIONAL SERVICES ASSOCIATED WITH THE NOLAND WATER RESOURCE RECOVERY FACILITY PRIMARY SWITCHGEAR IMPROVEMENTS PROJECT WHEREAS, on May 9, 2023, Hawkins -Weir Engineers was selected via RFQ 23-01 for the evaluation of critical improvements to the primary electrical feed to the Paul R. Noland Water Resource Recovery Facility (Noland WRRF); and WHEREAS, the primary electrical feed to the Noland WRRF has been identified as a concern for reliability of keeping the plant in -power continuously and a new arrangement is needed therefore a selection was made via RFQ 24-0I; and WHEREAS, Amendment 1 will allow the design to progress to 100% for project bidding. 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 Mayor Jordan to sign Amendment No. 1 to the engineering services contract with Hawkins -Weir Engineers, Inc. in an amount not to exceed $155,500.00 for professional services associated with the Noland Water Resource Recovery Facility Primary Switchgear Improvements Project. PASSED and APPROVED on July 2, 2024 Page 1 �;FAYETTE.VIt_LE.�_ GJ �'Zil y�NG TON CITY OF FAYETTEVILLE ARKANSAS MEETING OF JULY 2, 2024 TO: Mayor Jordan and City Council CITY COUNCIL MEMO 2024-229 THRU: Susan Norton, Chief of Staff FROM: Tim Nyander, Utilities Director SUBJECT: Hawkins -Weir Engineers, Inc. - Amendment No. 1 for Noland WWTP Electrical Switchgear Improvements RECOMMENDATION: Staff recommends approval of Amendment No. 1 to the engineering services agreement with Hawkins -Weir Engineers, Inc. for professional services associated with the Noland WRRF Primary Switchgear Improvements Project in an amount not to exceed $155,500.00. BACKGROUND: The primary electrical feed to the Noland Water Resource Recovery Facility (WRRF) has been identified as a concern for reliability of keeping the plant in -power continuously. This is primarily due to the arrangement of high voltage breakers and the WRRF's tie-in to both grid -power and standby generator power. A new arrangement is needed and assistance from an experienced electrical engineer will help point city staff in the right direction for future capital improvements in this location. Hawkins -Weir Engineers was selected via RFQ# 24-01, Selection #8 to provide these professional services. DISCUSSION: The preliminary engineering scope is completed which consisted of site visits, fact finding, conceptual designs and one line diagrams, as well as total project cost estimating. Amendment No. 1 will allow the design to progress to 100% for project bidding. Long lead-time equipment will be bid and procured early in the process, directly by the City to avoid contractor markups. Labor and ancillary materials will be bid traditionally once plans/specs are finalized. These improvements will help safeguard this critical facility from loss of power by increasing redundancies, replacing antiquated equipment, simplifying access and maintainability, and will be compatible with future upgrades. BUDGET/STAFF IMPACT: The proposed contract is hourly in the maximum not -to -exceed amount of $155,500.00. Budgeted funds are available in the WWTP Building Improvements account. ATTACHMENTS: SRF (#3), Amendment No. 1 (#4), Letter Proposal and Appendices (#5) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2024-229 Hawkins -Weir Engineers, Inc. - Amendment No. 1 for Noland WWTP Electrical Switchgear Improvements A RESOLUTION TO APPROVE AMENDMENT NO. 1 TO THE ENGINEERING SERVICES CONTRACT WITH HAWKINS-WEIR ENGINEERS, INC. IN AN AMOUNT NOT TO EXCEED $155,500.00 FOR PROFESSIONAL SERVICES ASSOCIATED WITH THE NOLAND WATER RESOURCE RECOVERY FACILITY PRIMARY SWITCHGEAR IMPROVEMENTS PROJECT WHEREAS, on May 9, 2023, Hawkins -Weir Engineers was selected via RFQ 23-01 for the evaluation of critical improvements to the primary electrical feed to the Paul R. Noland Water Resource Recovery Facility (Noland WRRF); and WHEREAS, the primary electrical feed to the Noland WRRF has been identified as a concern for reliability of keeping the plant in -power continuously and a new arrangement is needed therefore a selection was made via RFQ 24-01; and WHEREAS, Amendment 1 will allow the design to progress to 100% for project bidding. 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 Mayor Jordan to sign Amendment No. 1 to the engineering services contract with Hawkins -Weir Engineers, Inc. in an amount not to exceed $155,500.00 for professional services associated with the Noland Water Resource Recovery Facility Primary Switchgear Improvements Project. Page 1 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2024-229 Item ID 7/2/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 6/13/2024 WASTEWATER TREATMENT (730) Submitted Date Division / Department Action Recommendation: Staff recommends approval of Amendment No. 1 to the engineering services agreement with Hawkins -Weir Engineers, Inc. for professional services associated with the Noland WRRF Primary Switchgear Improvements Project in an amount not to exceed $155,500.00. 5400.730.5800-5314.00 Account Number 02032.1 Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Water and Sewer Fund WWTP Building Improvements Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 3,283,237.00 $ 657,923.07 5 2,625,313.93 $ 155,500.00 e. 2,469,813.93 V20221130 2023-521 Previous Ordinance or Resolution # 1 Approval Date: AGREEMENT For PROFESSIONAL ENGINEERING SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And HAWKINS-WEIR ENGINEERS, INC. Noland WWTP Switchgear Replacement: Implement study and report recommendations for improvements to the Noland WWTP. The improvements will include an Equipment Design a►rd Procurement Phase to allow the City of Fayetteville to solicit competitive equipment for replacement of the primary Switchgear and issue a purchase order to begin the procurement process for an anticipated long lead time of production. The improvements will then move into the Electrical Site Design and Installation Please to solicit Contractor installation for the proposed equipment at the Noland Wastewater Treatment Plant. THIS AGREEMENT is made as of 07/02/2024, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and Hawkins -Weir Engineers, �reers, 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 Professional Services Utilities Rev. 102819 A — I 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. 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. 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. Professional Services Utilities Rev 102819.docx A-2 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. 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 Utilities 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. Professional Services Utilities Rev 102819.docx A-3 4.3 ENGINEER shall provide a schedule of its services and include such schedule with the scope in Appendix A. 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 $143,500.00. The maximum not -to -exceed amount authorized for Reimbursable Expenses is $12,000.00. Reimbursable Expenses shall be limited to travel for vendor design and coordination meetings, reproduction costs, 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 C. 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 C. 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. Professional Services Utilities Rev 102819.docx A-4 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 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 Utilities Rev 102819.doci A-5 6.1.2 6.2 6.2.1 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 Utilities Rev 102819.doex 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 Utilities Rev 102819.doex 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 party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party 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 party 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 ENGMEER'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 Utilities 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 Utilities 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 Utilities Rev 102819.docx 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 fiords 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 witlihold approval. The cost of ENGINEER's activities pertaining to any such publication shall be for ENGINEER's account. 6.11 Indemnification 6.1 I.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 —Utilities Rev 102819.docx W: 11 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. 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 Professional Services Utilities Rev 102819.docx A-12 ENGINEER's address: 516 East Millsap Road, Suite 103 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, 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 Professional Services Utilities Rev 102819.docx A-13 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. 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 Professional Services Utilities Rev 102819.docx A-14 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: 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 Professional Services Utilities Rev 102819.docx A-15 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 entertaimnent, 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 CfFY OF FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings under the Remedies clause of this Agreement. 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. Professional Services Utilities Rev 102819.docx A-16 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 water system 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 water system customers. Professional Services Utilities Rev 102819.docx A-17 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. "VILLE. ARKANSAS By: ' Ma or, Lioneld Jor ",%%littIfill" �� 1 T Rfq ATTEST: _E). By: City Clerk Treasurer, jh ror 1�axior� %,.y•;�RKq��`�P' J?: �";iINi i1�►� %`�• HAWKINS-WEIR ENGINEERS, INC. By • � ALd © . l 2, k4.,a-' Brett D. Peters, P.E. Title: President & CEO END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES Professional Services Utilities Rev 102819.docx A-18 Appendix A Scope of Services I. HN, Noland WWTP Switchgear Replacement City of Fayetteville, Arkansas CITY OF HW Project No. 2023055 FAYETTEVILLE May 31, 2024 ARKANSAS Hawkins -Weir Engineers, Inc. (HW) proposes to provide the following engineering design and bidding phase services for the Noland WWTP Switchgear Replacement project: Task Description: A. Equipment Design and Procurement Phase 1. Coordination meetings with the City of Fayetteville, Jacobs, Ozarks Electric, Power Secure, and other consulting firms currently engaged in design services for the Noland WWTP to produce our design basis 2. Production of construction documents and procurement specifications for the 15kV paralleling switchgear, including travel for manufacturer meetings 3. Production of construction documents and procurement specifications for the 480V three-way manual transfer switch 4. Bidding and procurement activities B. Electrical Design Phase 1. Survey, utility locates, and base drawing preparation for the construction area at the Noland WWTP 2. Production of construction documents and specifications for the electrical equipment installation and all site electrical work 3. Production of construction documents and specifications for the structural equipment foundations and weather protective canopies 4. Bidding and procurement activities Construction phase services are excluded from this Scope of Services but may be added by Amendment at a later date. 2023055Wpoendix A Scope of Services 053124.docx Paae 1 of 1 Appendix B HN Hawkins -Weir Engineers, Inc. Hourly Rate Schedule: 2024 Description Billing Rate/Hour Engineer VII $250 Engineer VI $225 Engineer V $200 Engineer IV $175 Engineer III $150 Engineer II $125 Engineer 1 $75 Environmental Specialist II $130 Environmental Specialist 1 $110 Designer II $135 Designer 1 $100 CAD/BIM Modeler II $135 CAD/BIM Modeler 1 $100 CAD/GIS Technician 111 $120 CAD/GIS Technician 11 $95 CAD/GIS Technician 1 $75 Construction Manager II $140 Construction Manager 1 $125 Construction Observer IV $135 Construction Observer 111 $115 Construction Observer II $95 Construction Observer 1 $75 Surveyor $150 GPS Survey $175 Survey Technician $50 Business Manager $100 Graphic Designer $100 Document Processor $75 Reimbursable Expenses Mileage $0.72/mile Printing @ Cost Travel @ Cost Expert Witness Rate x 2.0 Other Direct Costs @ Cost Notes: 1. Hourly rates may be equitably adjusted annually 2. Adjustment to rate schedule will not change contract lump sum or NTE amounts 3. If a conflict exists, hourly rates & reimbursable expenses will be invoiced per terms of Agreement. Hppenaix u ,A� �® CERTIFICATE OF LIABILITY INSURANCE DATE(MMDDYYYY) 10/5/2023 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 Greyling Ins Brokerage/EPIC 3780 Mansell Rd. Ste. 370 Alpharetta GA 30022 CONTACT ACEC Certificate Team PHONE FAK Ea : 770-552-4225 Ac No): ADDRIESS: ACECCertifcales1 Ire lin .corn INSURERS AFFORDING COVERAGE NAIC# INSURERA: Sentinel Insurance Company, Ltd. 11000 INSURED HAWCENG Hawkins -Weir Engineers, Inc. P.O. BOX 648 INSURER B : Hartford Insurance CO. Of the Midwest 37476 INSURERC: INSURERD: Van Buren AR 72957 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1910146795 REVISION NUMBER: 22-23 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 LTR OF INSURANCE ADDLTYPE Jam Me SUER POLICYNUMBER MMIDDY� MM/DDI YXYY LIMITS A X COMMERCIAL GENERAL LIABILITY 20SBVVZM2676 11/l/2023 11/1/2024 EACHOCCURRENCE $1,000,000 CLAIMS -MADE � OCCUR PREMISES SES aGE TO Eoccur ante $1,000,000 MED EXP(Any one person) $10,000 PERSONAL&AOV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE S2,000,000 POLICY jECT LOC PRODUCTS-COMP/OPAGG $2,000,000 $ OTHER: A AUTOMOBILE LIABILITY 20UEGNM6289 ITT/2023 11/l/2024 COMBINED SINGLE LIMIT (Ea accident $1,000,000 BODILY INJURY (Per person) $ X ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Par accident) $ PROPERTY DAMAGE Per accident S x HIRED x NON -OWNED AUTOS ONLY AUTOS ONLY $ A X UMBRELLA LIAB X OCCUR 20SBWZM2676 11/1/2023 11/1/2024 EACH OCCURRENCE $2,000,000 AGGREGATE $2,000,000 EXCESS LIAR CI -AIMS -MADE DED I X I RETENTION$ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETORIPARTNER/EXECUTIVE F—N] 20WEGPV0830 11/l/2023 11/1/2024 X PER STATUTE ER ELEACH ACCIDENT $500,000 OFFICERAiEM1BER EXCLUDED? NIA (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $500,000 E.L. DISEASE -POLICY LIMIT $500,000 If yes, describe under DE SCRIPTION OF OPERATIONS below I DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES (ACORD 101, Additional Remar4$Schedule, may be attached if more space is required) Re: Project# 2023055, Noland WIVTP Swilchgear Replacement. City of Fayetteville, Arkansas is named as an Additional Insured with respects to General & Automobile Liability where required by written contract. Waiver of Subrogation in favor of Additional Insureds where required by written Contract & allowed by law. Umbrella Follows Form with respects to General, Automobile & Employers Liability Policies. IPl 4 Cur a D)11 1'I11 V Uqu3a City of Fayetteville, Arkansas; 113 West Mountain Street Fayetteville AR 72701-0000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE RE 9* _ _' r U 1988-ZU15 ACORD CORPOHAI IUN. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AnnonrViv Il T ® ••~~�•M••• V .4�oizo CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYYt 725/2023 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(les) 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: Pearl Insurance PHONE A/C No Eat : A/C No E-MAIL ADDRESS: 1200 E. Glen Avenue Peoria Heights, IL 61616 INSURER(S) AFFORDING COVERAGE NAICI INSURER A: National Casualty Company 11991 INSURED INSURER B: Hawkins -Weir Engineers, Inc. INSURER C 110 S 7th St INSURING: Van Buren, AR 72956-5126 INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: 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. LTR TYPEOFINSURANCE POLICYNUMBEft MMmDYYy NMAN) XP LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ OT CLAIMS -MADE FI OCCUR PREMISES lEaoccurrence) S MED EXP(Any one person) 3 PERSONAL d ADV INJURY S GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 3 POLICY ❑ PRJECTO- ❑ LOC PRODUCTS-COMPIOPAGG S $ OTHER: AUTOMOBILELUIBILRY COMBINED SINGLE LIMIT Ea accident) $ BODILY INJURY (Par person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per Accident) $ Perr PROacctlen�AMAGE S HIRED NON-OWNEAUTOS ONLY AUTOSONLOY $ UMBRELLA LIAB OCCUR EACH OCCURRENCE 5 AGGREGATE 3 EXCESS LIAB CLAIMS -MADE DED I I RETENTIONS S WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN PER ER ANYPROPRIETOR/PARTNER/EXECUTNE E.L. EACH ACCIDENT $ OFFICERJMEMBEREXCLUDEDY ❑ NIA (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE S If yes, describe ^^der DESCRIPTION OF OPERATIONS beloW E.L. DISEASE -POLICY LIMIT $ Professional Liability $1,000,000 per claim Deductible: A Retroaclive Date: Full Prior Acts N Y JE00G02081 7/11/2023 7/112024 $2000000 aggregate $20,000 claim $60,000 agg DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached it more apace Is required) Project: Noland W WTP Svdichgear ReplacemenlProject Number: 2023055 of Fayetteville, AR W Mountain St !tteville. AR 72701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE q n n 1988.2015 ACORD CORPORATION- All riahts ACORD 26 (2016103) The ACORD name and logo are registered marks of ACORD HAWKI N S iWEIR ENGINEERS, I NC. Engineering Client Success April 16, 2024 Mr. Corey Granderson, P.E. Utilities Engineer City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 Re: Proposal for Professional Services Noland WWTP Switchgear Replacement HWEI Project No. 2023055 Dear Mr. Granderson: We appreciate the opportunity to submit this proposal for engineering services for the proposed Noland WWTP Switchgear Replacement design, material procurement, and bidding. Enclosed, please find a Scope of Services task list detailing the Basic Services proposed for this project. Our services will begin with coordination meetings involving engineering firms currently providing long term planning for the Noland WWTP operations, Ozarks Electric, and Power Secure to finalize the design basis for the switchgear to control the electric utility service entrance and existing standby generator system for redundant power service with load shed capability. Hawkins -Weir will survey, locate all utilities, and produce a base drawing of the construction area for use in the design layout of proposed project equipment. Hawkins -Weir will design the project in two phases. The first phase will produce cost estimates, construction documents, and specifications for bidding and procurement of the long lead time electrical gear, primarily the 15kV class paralleling switchgear and the 480V class manual transfer switch with generator short circuit protection and portable standby generator docking. Upon completion of equipment bidding and order placement, the second design phase will produce cost estimates, construction documents and specifications for project phasing, electrical site plan and utility coordination, site lighting improvements, and structural equipment foundations and weather protection canopies. Construction phase services are not included within our scope of services, but may be added by Amendment closer to construction activities. Enclosed with this proposal are Appendix A — Scope of Services, Appendix B — Hawkins -Weir Engineers Standard Billing Rate Structure, Appendix C — Scope of Services Task and Fee Breakout, and Appendix D — Certificate of Liability Insurance. 11O So. 7th Street • P.O. Box 648 • VanBuren, AR 72957 • Ph: (479) 474-1227 • Fax: (479) 474-8531 211 Natural Resources Drive • Little Rock, AR 72205 • Ph: (501) 374-4846 516 East Millsap Road • Suite 103 • Fayetteville, AR 72703 • Ph: (479) 455-2206 403 Garrison Avenue • Suite 101 • Fort Smith, AR 72901 • Ph: (479) 242-4685 2023055/CG041624SM.doex www.hawkins-weir.com HN Mr. Corey Granderson, P.E. Page 2 April 16, 2024 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, Inc. Similar to our other City of Fayetteville projects, we would propose an hourly rate contract with the identified not to exceed (NTE) fee of $165,500.00 including Reimbursable Expenses. Additional services will be provided only upon receipt of written authorization, and these additional services will be invoiced at our standard hourly rates. We will commence this work immediately upon your approval of this proposal and authorization to proceed and will complete the first phase of the design within 4 to 6-months thereafter. The second phase of the design will require an additional 3 to 4-months and will occur during the approximate 12-month equipment delivery schedule. If this proposal is acceptable, we will produce an agreement for professional services to be executed by the City of Fayetteville and Hawkins -Weir Engineers, Inc. If you have any questions or comments regarding our proposal, please do not hesitate to call and thanks again for this opportunity to continue the professional relationship between the City and HW. Sincerely, HAWKINS-WEIR ENGINEERS, INC. Z� � Scott McBrayer, — LSM1gch Enclosures: As Listed cc: Ms. Becky Horne, HW Business Manager 2023055/CG041624SM.docx wuno. hnmkins-meircom Appendix A Scope of Services I0 PW Noland WWTP Switchgear Replacement City of Fayetteville, Arkansas CITY of HW Project No. 2023055 FAYETTEVILLE April 16, 2024 ARKANSAS Hawkins -Weir Engineers, Inc. (HW) proposes to provide the following engineering design and bidding phase services for the Noland WWTP Switchgear Replacement project: Task Description A. Equipment Design and Procurement Phase 1. Coordination meetings with the City of Fayetteville, Jacobs, Ozarks Electric, Power Secure, and other consulting firms currently engaged in design services for the Noland WWTP to produce our design basis. 2. Production of construction documents and procurement specifications for the 15kV paralleling switchgear, including travel for manufacturer meetings. 3. Production of construction documents and procurement specifications for the 480V three- way manual transfer switch. 4. Bidding and procurement activities. B. Electrical Design Phase 1. Survey, utility locates, and base drawing preparation for the construction area at the Noland WWTP. 2. Production of construction documents and specifications for the electrical equipment installation and all site electrical work. 3. Production of construction documents and specifications for the structural equipment foundations and weather protective canopies. 4. Bidding and procurement activities Construction phase services are excluded from this Scope of Services but may be added by Amendment at a later date. 2023055Wppendix A Scope of Services 041624.docx Page 1 of 1 Appendix B HN Hawkins -Weir Engineers, Inc. Hourly Rate Schedule: 2024 Description Billing Rate/Hour Engineer VI $250 Engineer VI $225 Engineer V $200 Engineer IV $175 Engineer 111 $150 Engineer II $125 Engineer 1 $75 Environmental Specialist 11 $130 Environmental Specialist 1 $110 Designer II $135 Designer 1 $100 CAD/BIM Modeler II $135 CAD/BIM Modeler 1 $100 CAD/GIS Technician 111 $120 CAD/GIS Technician 11 $95 CAD/GIS Technician I $75 Construction Manager II $140 Construction Manager 1 $125 Construction Observer IV $135 Construction Observer III $115 Construction Observer II $95 Construction Observer 1 $75 Surveyor $150 GPS Survey $175 Survey Technician $50 Business Manager $100 Graphic Designer $100 Document Processor $75 Reimbursable Expenses Mileage $0.72/mile Printing @ Cost Travel @ Cost Expert Witness Rate x 2.0 Other Direct Costs @ Cost Notes: 1. Hourly rates may be equitably adjusted annually 2. Adjustment to rate schedule will not change contract lump sum or NTE amounts 3. If a conflict exists, hourly rates & reimbursable expenses will be invoiced per terms of Agreement. Appendix C HN Noland WWTP Switchgear Replacement �� City of Fayetteville, Arkansas HW Project No. 2023055 CITY OF April 16, 2024 FAARKANSA'S L E A. Equipment Design and Procurement Phase Task 1. Coordination meetings with the City of Fayetteville, Jacobs, Ozarks Electric, Power Secure, and other consulting firms to produce the project design ba! 2. Production of construction documents and procurement specifications for the 15kV paralleling switchgear, including travel for manufacturer meetings 3. Production of construction documents and procurement specifications for the 480V three-way manual transfer switch 4. Biddine and procurement B. Electrical Design Phase Task 1. Survey, utility locates, and base drawing fo 2. Production of construction documents and 3. Production of construction documents and 4. Biddine and orocurement C. Reimbursable Exnenses construction area at the Noland WWTP ifications for the electrical equipment installation and all site electrical ifications for the structural eauipment foundations and canooies TOTAL HOURS: TOTAL HOURS: Engr VII Engr IV Tech III Survey Total Hours 60 60 80 80 24 184 40 40 16 96 40 40 220 1 120 1 40 0 380 u Engr VII Engr IV Tech III Survey Total Hours 8 32 40 60 60 40 160 40 40 80 40 40 148 1 60 1 80 1 32 1 320 u b`,'NNI Item Description Total 1. Travel for design and meetings $10,000 2. Reproduction & Printing $2,000 Total Estimated Reimbursable Expenses $12,000 ENGINEERING SERVICES SUMMARY A. Equipment Design and Procurement Phase B. Electrical Design Phase C. Reimbursable Expenses Total Engineering Fee -Not to Exceed 2023055\Scope of Services and Fee Proposal 041624 -Noland W WTP Switchgear Replacement.xlsx Appendix D ,acoRo CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 10/5/2023 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 ACEC Certificate Team NAME: Greyling Ins Brokerage/EPIC PHONE FAX 3780 Mansell Rd. Ste. 370 , C No EM: 770-552-4225 A/c No: Alpharetta GA 30022 ADDRESS: ACECCeftificates@greyling.com INSURER A: Sentinel Insurance Company, Ltd. 11000 INSURED HAWKENG INSURERB: Hartford Insurance Co. of the Midwest 37478 Hawkins -Weir Engineers, Inc. P.O. Box 648 INSURERC: Van Buren AR 72957 INSURERD: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1910146795 REVISION NUMBER: 22-23 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 LTR TYPE OF INSURANCE ADDL SUBR NUMBER PICPOLICY MM DDY/YYYY EXP MM DDY/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR 20SBWZM2676 11/1/2023 11/1/2024 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 1,000,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: JPRO- POLICY LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED Ix NON -OWNED AUTOS ONLY AUTOS ONLY 20UEGNM6289 11/1/2023 11/1/2024 COMBINED SINGLE LIMIT Ea accident $1,000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ X I PROPERTY DAMAGE Per accident $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 20SBWZM2676 11/1/2023 11/1/2024 EACH OCCURRENCE $2,000,000 AGGREGATE $ 2,000,000 DED I X RETENTION $ 1 n non $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? N (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A 20WEGPV0830 11/1/2023 11/1/2024 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Project# 2023055, Noland WWTP Switchgear Replacement. City of Fayetteville, Arkansas is named as an Additional Insured with respects to General & Automobile Liability where required by written contract. Waiver of Subrogation in favor of Additional Insureds where required by written contract & allowed by law. Umbrella Follows Form with respects to General, Automobile & Employers Liability Policies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Fayetteville, Arkansas; 113 West Mountain Street AUTHORIZED REPRESENTATIVE Fayetteville AR 72701-0000 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Annandi, n _ I ® `r r.. ~ "` ... A�� 0 CERTIFICATE OF LIABILITY INSURANCE DATE (MMfDDNYYY) 7/25/2023 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 INSURERjSj, AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policyjiesj 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 endorsementjsj. PRODUCER CONTACT NAME: Pearl Insurance 1200 E. Glen Avenue PHONE FAX AIC Na EXt • WC,No): E-MAIL ADDRESS: Peoria Heights, IL 61616 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : National Casualty Company 11991 INSURED INSURER B : Hawkins -Weir Engineers, Inc. INSURER C 110S7thSt INSURER D : Van Buren, AR 72956-5126 INSURER E - INSURER F COVERAGES CERTIFICATE NUMBER: 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 LTR TYPE DF INSURANCE POLICY NUMBER EFF MMIDD MMI POLICY , LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL BADV INJURY $ G ENL AG 0 REGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO ❑ JECT LOC PRODUCTS -COMWOPAGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ WDRKERS COMPENSATION AND EMPLOYERS' LIABILITY Y f N PER OTH- STATUTE I I ER ANYPROPRIETORIPARTNERfEXECUTIVE OFFICERIMEMBEREXCLUDED? ❑ NfA E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ Professional Liability $1,000,000 per claim Deductible: A Retroactive Date: Full Prior Acts N Y JE00002081 7/11/2023 7/11/2024 $2,000,000 aggregate $20,000 claim $60,000 agg DESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project: Noland WWTP Switchgear ReplacementProject Number: 2023055 CERTIFICATE HOLDER CANCELLATION City of Fayetteville, AR 113 W Mountain St SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Fayetteville, AR 72701 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE GiU LV ACORD 26 (2016103) @ 1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD