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HomeMy WebLinkAbout155-19 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Resolution: 155-19 File Number: 2019-0385 HAWKINS-WEIR ENGINEERS, INC. AMENDMENT NO. 2: A RESOLUTION TO APPROVE AMENDMENT NO. 2 TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH HAWKINS-WEIR ENGINEERS, INC. IN AN AMOUNT NOT TO EXCEED $38,420.00 FOR CONSTRUCTION MANAGEMENT AND OBSERVATION SERVICES ASSOCIATED WITH THE GOSHEN WATER TANK REHABILITATION PROJECT WHEREAS, Hawkins -Weir Engineers, Inc. has completed design of the Goshen Water Tank Rehabilitation Project and Amendment No. 2 will add construction management and observation services. 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 approves Amendment No. 2 to the Professional Engineering Services Agreement with Hawkins -Weir Engineers, Inc. in an amount not to exceed $38,420.00 for construction management and observation services associated with the Goshen Water Tank Rehabilitation Project. PASSED and APPROVED on 7/2/2019 . T City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 {t!'� Text File File Number: 2019-0385 Agenda Date: 7/2/2019 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A 7 HAWKINS-WEIR ENGINEERS, INC. AMENDMENT NO. 2: A RESOLUTION TO APPROVE AMENDMENT NO. 2 TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH HAWKINS-WEIR ENGINEERS, INC. IN AN AMOUNT NOT TO EXCEED $38,420.00 FOR CONSTRUCTION MANAGEMENT AND OBSERVATION SERVICES ASSOCIATED WITH THE GOSHEN WATER TANK REHABILITATION PROJECT WHEREAS, Hawkins -Weir Engineers, Inc. has completed design of the Goshen Water Tank Rehabilitation Project and Amendment No. 2 will add construction management and observation services. 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 approves Amendment No. 2 to the Professional Engineering Services Agreement with Hawkins -Weir Engineers, Inc. in an amount not to exceed $38,420.00 for construction management and observation services associated with the Goshen Water Tank Rehabilitation Project. City of Fayetteville, Arkansas Page 1 Printed on 713/2019 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2019-0385 Legistar File ID 7/2/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 6/13/2019 Submitted Date Action Recommendation: WATER SEWER (720) Division / Department Staff recommends the approval of Amendment No. 2 to the Professional Engineering Services Agreement with Hawkins -Weir Engineers, Inc. in an amount not to exceed $38,420.00 for construction management and observation services associated with the Goshen Water Tank Rehabilitation project. Budget Impact: 5400.720.5600-5314.00 Water and Sewer Account Number 10006.1 Project Number Fund Benson Mountain Pressure Plane Upgrade Budgeted Item? Yes Current Budget Funds Obligated Current Balance Does item have a cost? Yes Item Cost Budget Adjustment Attached? No Budget Adjustment Remaining Budget Project Title $ 213, 682.00 $ 60,296.17 $ 153,385.83 $ 38,420.00 $ 114,965.83 V20180321 Purchase Order Number: 2017-00000669 Previous Ordinance or Resolution # 206-17 Change Order Number: Original Contract Number: Comments: I 2017-00000033 Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF JULY 2, 2019 TO: Mayor and City Council THRU: Don Marr, Chief of Staff Water, Sewer, & Solid Waste Committee Tim Nyander, Utilities Director FROM: Corey Granderson, Utilities Engineer CITY COUNCIL MEMO DATE: June 13, 2019 SUBJECT: Hawkins -Weir Engineers, Inc. Amendment No. 2 - Construction Observation and Management Services for the Goshen Water Tank Rehabilitation Project RECOMMENDATION: Staff recommends the approval of Amendment No. 2 to the Professional Engineering Services Agreement with Hawkins -Weir Engineers, Inc. in an amount not to exceed $38,420.00 for construction management and observation services associated with the Goshen Water Tank Rehabilitation project. BACKGROUND: The Goshen Water Tank Rehabilitation project provides routine life -cycle maintenance as well as upgrades to meet current safety and sanitary codes. The project scope includes removal and replacement of both internal and external paint coating systems, and tank upgrades to address proper mixing, venting, and access. This project was recently bid, with award recommended to Leher Enterprises, Inc. DISCUSSION: Hawkins -Weir has already completed design of the project. Amendment No. 2 to the Engineering Services Agreement with Hawkins -Weir, for $38,420.00, will add scope and fee items as needed during the construction phase of the project. Including meetings, onsite observation, material submittals, testing, change orders if applicable, pay requests, inspections, and record drawings. BUDGET/STAFF IMPACT: Funds are available within the Benson Mountain Pressure Plane Upgrade account (10006). Attachments: Signed Agreement — Amendment No. Original Contract & Amendment No. 1 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 AMENDMENT NO.2 TO THE AGREEMENT For PROFESSIONAL ENGINEERING SERVICES BETWEEN CITY OF FAYETTEVILLE, ARKANSAS AND HAWKINS-WEIR ENGINEERS, INC. In accordance with the AGREEMENT For PROFESSIONAL ENGINEERING SERVICES for the Goshen Ground Water Storage Tank and Benson Pressure Plane Improvements (HW Project No. 2017076), dated October 3, 2017, between the City of Fayetteville, Arkansas (hereinafter called Owner) and Hawkins - Weir Engineers, Inc. (hereinafter called Engineer), Owner hereby authorizes Engineer to proceed with engineering services as modified by this Amendment No. 2. SECTION 1— SCOPE OF SERVICES 1.1 Amendment No. 2 is for the Construction Management phase associated with Owner's project, Goshen Water Storage Tank Improvements (Project No. 19-18, Construction), and includes construction management and on-call observation services. Construction management services are detailed in the Engineer's attached Scope of Services dated April 26, 2019. SECTION 2 — TIME OF SERVICE 2.1 The scope of services as defined above is based on a contract construction period of 115 calendar days for the Owner's Project No. 19-18, generally to include a normal 40 -hour workweek. On-call construction observation services under this contract are based on construction work being continuous throughout the construction period. Engineer will proceed with providing the services set forth herein immediately upon execution of this Authorization by all parties. Amendment No. 2 19-18.docx Page ] of 2 May 6, 2019 SECTION 3 — COMPENSATION 3.1 Owner shall compensate Engineer for providing the services set forth herein in accordance with the terms of the Agreement. Total payment for Scope of Services described herein shall not exceed Twen Six Thousand Six Hundred Dollars ($26,600.00) plus reimbursable expenses of eleven thousand eight hundred and twenty dollars ($11,820.00) without written approval of Owner. These additional services adjust the Agreement's not to exceed fee to $146,880.00 and the not to exceed reimbursable expenses to $21,820.00. Attachments: Scope of Services dated April 26, 2019 Fee Proposal dated April 26, 2019 Standard Hourly Billing Rate Structure, effective August 19, 2018 Certificate of Liability Insurance (2 Pages) AUTHORIZATION BY: CITY OF FA TTEVILLE, ARKANSAS By: onorable L' d Jor an, Mayor Date: (— a I '1 ACCEPTED BY: HAWKINS-WEIR ENGINEERS, INC. By: ` LL �:.1- � 11�. Brett D. Peters, P.E. President and CEO Date: Q5 / O b/ 20 t Amendment No. 2 ] 9-18.docx Page 2 of 2 May 6, 2019 Appendix A Amendment No. 2 Scope of Services to Goshen Ground Water Storage Tank and Benson Pressure Plane Improvements City of Fayetteville, Arkansas FAYETTEVILLE City of Fayetteville Project No. 19-18 ARKANSAS April 26, 2019 Task Description Task 4 — Construction Management — Goshen Water Storage Tank Improvements 1. Conduct Pre -Construction Conference with the Owner and Contractor a. Prepare Meeting Summary 2. Provide periodic observation of during construction 3. Conduct two (2) progress meetings a. Prepare Meeting Summary 4. Prepare, review, and coordinate the dissemination of construction documentation including material submittals, testing results, field orders, and change orders as directed by the Owner 5. Review the Contractor's constructed quantities and prepare monthly pay requests for the Owner's approval 6. Coordinate and conduct a final inspection with the Contractor and the Owner, and prepare a punch list of deficient construction items for the Contractor to address 7. Prepare record drawings of the completed project and provide one (1) reproducible hard copy and one (1) electronic copy for the Owner's archives 2017076\Appendix A Amendment 2 Scope of Services 042619.docx Page 1 of 1 F+ C Q) C Ql > O i CL E Qi a a 00 L r� V) � IA Qi a Z Q U C •a, rl a > �w c v N 4+ m = _ CU Y > 'i t6 a T LL v Q o U- i" `0 •v o Q)41 u m 3 c 3 /O^ V Q1 L O V N F- `o 3 O O-'� 0 'D C, W L :D O CL al al � C 7T dO W0 tV 'T O y co Ln N M Ln u) O a 7 0O 00 O a0+ u t4 0 N � V N Q c C u C w toU a tf� �> t ro v Y c N N L o O U r1l _ 3 n 'c O c C N -o O O 7 O O U .w U v a ai u a O a E ^ C a] u; C O o O —YH a) al C n N 7 O to V 0 O N 4 u to N O N oo O F = Eb c W _N C 3 ro vi M M N H N O -a O Y -O - 2 L 0 U ro O a) v o o ai o COcu u 9 3 a Ln C — r, n n] u 0 Ct C u a N c Y v O a o0 3 a D O N — lf� u O v v a v ao � � n K W v1 O O — V1 V V V oo r-1 L! N = n V o0 ry Ol 0 Lf)�D > zr V N W N oo -ZT Ql N O � 00 — w C > 00 V N C V W N � N F- `o 3 O N v -0 W L :D O CL al al c x > y N L CO C C w al � O O ro C H a 7 0O 00 Ln ra u Ln a ° c O a y N Q c C u C w o a �> ro v Y c v o T L o O U ` _ 3 n 'c O c C N -o O O 7 O O U .w U v a ai u a O a E ^ C a] u; C O o O —YH a) al C O a C L O y C O m 4 u 'O O CL x V C 7 C r0 `p Eb c W _N C 3 ro vi C o o W Q1 u 3 m O c v o a -o a O -a O Y -O - 2 L 0 U ro O a) v o o ai o COcu u 9 3 n n] u Y a, a C u a N c Y v O a z3o 3 a a S a E a>j6 w v u O v v a v � � n N v -0 W 4) W al al c E x N — 7 O H C O c o v o Z E L V ` N 7CU a O c E W a7C E n) C a] 00 C y N � N O CQ ai y C C O C aJ C CL x V V ` aJ fl Eb c W _N a! Ln V7 Y W Q1 W r6 O -a to c C O 0 U 3 O � N 7 E •m � E K W H O v O O u 2 C u u O t m Engineer Standard Billing Rate Structure For Hourly Fee Based Contracts Hawkins -Weir Engineers, Inc. Effective August 19, 2018 through August 17, 2019 Engineer VII $ 185 Per Hour Engineer VI $ 165 Per Hour Engineer V $ 155 Per Hour Engineer IV $ 135 Per Hour Engineer III $ 120 Per Hour Engineer II $ 105 Per Hour Engineer I $ 85 Per Hour Engineering Technician Designer II $ 100 Per Hour Designer I $ 75 Per Hour Technician IV $ 85 Per Hour Technician III $ 75 Per Hour Technician II $ 65 Per Hour Technician I $ 55 Per Hour Field Technician - Field Inspector Resident Project Representative (RPR) 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 $ 85 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* $0.545 per mile effective 1/1/18 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 * To be adjusted periodically to current IRS mileage rate All Billings are due upon receipt unless prior arrangements for payment have been made. Client#: 53866 HAWKWEIR ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 5/06/2019 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 Greyling Ins. Brokerage/EPIC 3780 Mansell Rd. Suite 370 CONTACT NAME: Trudy Henry PHONE 770.552.4225 0.4 A/C No Ext : C, No 866.55082 AI E-MAIL duen re Iln Com ADDRESS: tryhry@g Y g• Alpharetta, GA 30022 _ INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Sentinel Insurance Company 11000 11/0112019 INSURED INSURER 5: Hartford Ins Co of the Midwest 37478 Hawkins -Weir Engineers, Inc. P.O. Box 648 INSURER C PERSONAL &ADV INJURY $1,000,000 Van Buren, AR 72957 INSURER D: - INSURER E: INSURER F: $ COVERAGES CERTIFICATE NUMBER: 18-19 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 CONTRACTOR 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 ADOL INSR SUB WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 51OCCUR 20SBWZM2676 11/01/2018 11/0112019 EACH $1,000,000 _ �OCCCURRENCE PREMISES Ea occurrence $11 0001 000 MED EXP (Any one person) $10,000 PERSONAL &ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY � JECT LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OP AGG $2,000,000 $ A AUTOMOBILE LIABILFTY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED X AUTOS ONLY AUTOS ONLY IX 20UEGNM6289 11/01/2018 11/01/2019 COMBINED SINGLE LIMIT 1,000,000 Ea accident BODILY INJURY (Per person) S BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident $ A X UMBRELLA LIABX EXCESS LIAR OCCUR CLAIMS -MADE 20SBWZM2676 11/01/2018 11/01/201 EACH OCCURRENCE $1,000,000 AGGREGATE $11,000,000 DED I X RETENTION$10000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE YIN N OFFICER/MEMBER EXCLUDED? � (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N I A _ 20WEGPV0830 1/01/2018 11/0112019 OTH- X ISTEARTUTE E.L. EACH ACCIDENT $500 OOO E.L. DISEASE - EA EMPLOYEE $500,000 E.L. DISEASE - POLICY LIMIT $500, OOO DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Project# 2017076, Goshen Water Storage Tank & Pump Station/Benson Standpipe 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 & allowed by law. WaiPlIIP1iH City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 ACORD 25 (2016/03) 1 of 1 #S1579240/M1224801 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 Ac 7• © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THEN2 " �® A lv(f/RL! CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 5/2/2019 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 BXS Insurance PO Box 251510 Little Rock AR 72225- CONTACT NAME: Amanda Palmer PHONE FAX we • 501-614-1571 A/c No:501-614-1447 ADDRESS: amanda. almer(Mbxsi.com INSURERS AFFORDING COVERAGE NAIC N INSURER A: Navigators Insurance Company 42307 INSURED HAWKENG-01 Hawkins -Weir Engineers, Inc. P.O. Box 648 INSURER B: INSURER C Van Buren AR 72957 INSURER D: INSURER E: INSURER F, rnVGcer_cc r FRTIFIr_ATF NIIMRFR• A)rAQAnAA 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 OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MM/DDIYYW LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE F-1 OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ _ MED EXP (Any one person) $ PERSONAL B ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ POLICY ❑ PRO- JECT LOC $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY BODILY INJURY (Per accident) $ — - --- PROPERTY DAMAGE $ Per accident UMBRELLA LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ EXCESS LIAR AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE OT STATUTE ERS E.L. EACH ACCIDENT s E.L. DISEASE - EA EMPLOYEE $ OFFICERIMEMBEREXCLUDED? ❑ (Mandatory in NH) N /A E.L. DISEASE - POLICY LIMIT $ If yes, describe under DESCRIPTION OF OPERATIONS below A Professional Liability CM18DPL0270281V 7/11/2018 7/11/2019 Each Claim Limit $1,000,000 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project# 2017076, Goshen Water Storage Tank & Pump Station/Benson Standpipe rCDTICIrATC unl nGD CANCFI I ATInN © 1988-2015 ACORD CURPURA I ION. All rlgnts reserve D. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 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 Fayetteville AR 72701 AUTHORIZED REPRESENTATIVE p © 1988-2015 ACORD CURPURA I ION. All rlgnts reserve D. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD COF-Water Sewer -AMENDMENT NO. 1 TO THE CONTRACT WITH HAWKINS-WEIR ENGINEERS, INC. City of Fayetteville Staff Review Form 2018-0587 Legistar File ID N/A City Council Meeting Date - Agenda Item only N/A for Non -Agenda Item Tim Nyander 10/17/2018 WATER SEWER (720) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends the approval of Amendment No. 1 with Hawkins -Weir Engineers, Inc. to use contingency funds in the amount of $8,480.00 for additional surveying services and a lot split to provide the property for the new Benson Mountain (Tower Road) water tank. Original Contract Number: 2017-00000033 Comments: Budget Impact: 5400.720.5600-5314.00 Water and Sewer Account Number Fund 10006.1 Benson Mountain Pressure Plane Upgrade Project Number Project Title Budgeted Item? Yes Current Budget $ 294,760.00 Funds Obligated $ 101,684.41 Current Balance $ 193,075.59 Does item have a cost? Yes Item Cost $ 8,480.00 Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget ( 184,595.59 V20180321 Purchase Order Number: 2014-00000669 Previous Ordinance or Resolution # 206-17 Change Order Number: 1 Approval Date: Original Contract Number: 2017-00000033 Comments: CITY OF FAYETTEVILLE '^ ARKANSAS TO: Mayor Lioneld Jordan THRU: Don Marr, Chief of Staff FROM: Tim Nyander, Utilities Director STAFF MEMO DATE: October 17, 2018 SUBJECT: Approval of Amendment No. 1 with Hawkins -Weir Engineers, Inc. for the Goshen and Benson Pressure Plane Improvements, in the amount of $8,480.00. RECOMMENDATION: Staff recommends the approval of Amendment No. 1 to increase the existing contract with Hawkins -Weir Engineers from $121,800.00 to $130,280.00. The additional services in the amount of $8,480.00 will provide surveying and a lot split to provide the property for the new Benson Mountain (Tower Road) water tank. BACKGROUND: The City of Fayetteville entered into an Agreement for Professional Engineering Services with Hawkins -Weir Engineers by Resolution 206-17 dated October 3, 2017. DISCUSSION: The proposed lot split is required to provide an adjacent site for the new water tower construction. The existing tank will remain in service until the new tank is completed. BUDGET/STAFF IMPACT: Funds are available from the existing $12,180.00 project contingency. Attachments: Proposed Amendment No. 1 Sheets 1 and 16 from review plan set Resolution 206-17 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 hVVHAINK]. E I R E N G! N E E: R S, i N C. Engineering Client Success September 14, 2018 Mr. Jim Beavers, P.E. Utilities Engineer City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 Re: Goshen Water Storage Tank and Benson Pressure Plane Improvements City of Fayetteville Project No. 10000.6 HWEI Project No. 2017076 Dear Mr. Beavers: We appreciate the opportunity to submit this revised Amendment proposal to perform additional engineering services associated with the Goshen Water Storage Tank and Benson Pressure Plane Improvements Project for the City of Fayetteville, Arkansas. The overall project scope will be revised to include the following: 1) Preparation of the lot split for the proposed Benson Water Storage Tank site. Enclosed, please find a scope of services task list detailing the additional services proposed for this project. In summary, our services will consist of preparing a boundary survey of the proposed tank site, a boundary survey of the remaining parcel, development of the survey documents, and attending a Washington County and/or City of Goshen Technical Review and Planning Commission Meetings. Our fee for the additional 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. The not to exceed fee for these additional services is $8,480.00, plus any applicable Reimbursable Expenses. A copy of our Standard Hourly Billing Rate Structure is enclosed. We expect that any reimbursable expenses such as filing fees will be covered by the existing amount budgeted for reimbursable expenses under our current agreement. We will commence this work immediately upon your approval of this proposal and authorization to proceed. PC7 EO:: ti -P_' 17 =1"; �1 + fax. i479) �I7.1 4'i3.1 1 i !walurni Resutlrces L iv c +!lk• liv, l: W -2205 Ph. l)1) ',7 1--!84o bast llillsap Road + : L11W 10 �`h,:.:11c', AR .•' 71?:i a 'Ph. (4791 :15 i-_'-)06 41 C)al!"ltic.)n i�SilllUl illl:' 1411 7IT?tii, 11t ?'29 i i°119) 24".. 16S i 2017076\Proposa1\JB0914186P docx 't' i',;To;•..;J a' • Mr. Jim Beavers, P.E. Page 2of2 September 14, 2018 If this proposal is satisfactory, please provide us with a copy of the City of Fayetteville's standard Contract Amendment document for our review and execution. If you have any questions, or require additional information, please do not hesitate to call. Sincerely, HAWKINS-WEIR ENGINEERS, INC. Brett D. Peters, P.E. BDP/jsd Enclosures: Revised Amendment No. 1 Scope of Services Standard Hourly Billing Rate Structure, effective August 19, 2018 cc: Ms. Becky Horne 2017076\Prorosa1WB0914183P.docx ;1".1 hol.-;tt 11 .:o::: Appendix A Amendment No. 1 Scope of Services Goshen Ground Water Storage Tank and Benson Pressure Plane Improvements City of Fayetteville, Arkansas City of Fayetteville Project No. 10000.6 HWEI Project No. 2017076 September 14, 2018 Task Description Task 1 — Proposed Benson Tank Site Boundary Survey 1. Perform a boundary survey of the proposed Benson tank site and tie into existing adjoining survey manumentation 2. Prepare the boundary survey and illustrate any existing easements on the property to be acquired 3. Prepare Property Description for property acquisition documents a. Coordinate with City Land Agent and prepare any required document revisions 4. Participate in a meeting on-site with the Owner and current property owner to confirm the property corners 5. Perform quality assurance review of the survey and property description 6. Attend Washington County and/or City of Goshen Technical Review and Planning Commission Meetings 7. Deliver one (1) reproducible full-size copy, two (2) half-size copies, and one (1) electronic copy of the survey to the City for their use and for reproduction 20170761Aooendix A Amendment 1 Scooe of Services 091418.docx Engineer Standard Billing Rate Structure For Hourly Fee Based Contracts Hawkins -Weir Engineers, Inc. Effective August 19, 2018 through August 17, 2019 Engineer VII $ 185 Per Hour Engineer VI $ 165 Per Hour Engineer V $ 155 Per Hour Engineer IV $ 135 Per Hour Engineer III $ 120 Per Hour Engineer II $ 105 Per Hour Engineer I $ 85 Per Hour Engineering Technician Designer II $ 100 Per Hour Designer I $ 75 Per Hour Technician IV $ 85 Per Hour Technician III $ 75 Per Hour Technician II $ 65 Per Hour Technician I $ 55 Per Hour Field Technician - Field Inspector Binding $ 1.00 Each Resident Project Representative (RPR) $ 120 Per Hour Inspector II $ 75 Per Hour Inspector I $ 65 Per Hour Field Surveying GPS Survey $ 175 Per Hour Surveyor $ 85 Per Hour Administrative Business Manager $ 85 Per Hour Expert Witness Preparation At Engineer's Hourly Rate Testimony, less than 1/2 day $1,000 Testimony, per Day $ 2,000 Expenses Reimbursable Expenses and upcharges are determined by the Client Agreement/Contract Subconsultants/Outside Services Express Delivery, Field Supplies, Testing, Review/Filing Fees and Advertising Travel: Hotel and meals Actual Cost Vehicle* $0.545 per mile effective 1/1/18 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 I 1 x 17 Size Copy - B&W $ 1.50 Per Copy I I x 17 Size Copy - Color $ 5.00 Per Copy CD Copy $ 5.00 Pcr Copy Binding $ 1.00 Each * To be adjusted periodically to current IRS mileage rate All Billings are due upon receipt unless prior arrangements jar payment have been made. a 0. / kD § § / j 2 ~ t z � t �ƒ \ \ ( \ /� 0] >_ § 91 MIS xjw N I 'S 3 3 N 1 •J N 3 ml 2dRA/k9SNJ'NMVHjM 91 i 'Y-' ..n• 'on ,wli:x7S Rry 'JY/Xl d]�l, Ord M�00 "�— lMl NIYIIYRMI M7iAW C` i 'D N I •6 H 3 3 N I SN 3' 2i13/No SNI xMdy f...'Mws Altia,ti[fi.te, � e V .� � &y • i�� 1 r� v M,� ` Ate t LL e S Z e= • 3� f� y tail kw, v p 'i, 11 ? a e t •d €8 d;as;• � �St? � �c��occc�o© 4) CD 0* m 00410 j s�• r lt i S1.4 ! MR wt p-- f i I {, "r; � } r � s 'i (2 g i . (a'ik fbt4rq''� tri. is Fs*� nti 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 206-17 File Number: 2017-0501 HAWKINS-WEIR ENGINEERS, INC.: A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH HAWKINS-WEIR ENGINEERS, INC. IN AN AMOUNT NOT TO EXCEED $121,800.00 FOR ENGINEERING SERVICES RELATED TO THE GOSHEN AND BENSON WATER TANK IMPROVEMENTS, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $12,180.00 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 $121,800.00 for engineering services related to the Goshen and Benson water tank improvements, and further approves a project contingency in the amount of $12,180.00. PASSED and APPROVED on 10/3/2017 A ttest: Sondra E. Smith, City Clerk Treasurer 011111 TR 4� r w••�U� •G�� Y OF • l �4�rs.. 1111111110 '� 0 Page 1 Printed on 1014/17 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2017-0501 I Agenda Date: 10/3/2017 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 12 HAWKINS-WEIR ENGINEERS, INC.: A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH HAWKINS-WEIR ENGINEERS, INC. IN AN AMOUNT NOT TO EXCEED $121,800.00 FOR ENGINEERING SERVICES RELATED TO THE GOSHEN AND BENSON WATER TANK IMPROVEMENTS, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $12,180.00 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 $121,800.00 for engineering services related to the Goshen and Benson water tank improvements, and further approves a project contingency in the amount of $12,180.00. City of Fayetteville, Arkansas Page 1 Printed on 1 01412 01 7 City of Fayetteville Staff Review Form 2017-0501 Legistar File ID 10/3/2017 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Tim Nyander 9/11/2017 Utilities Director/ Utilities Department Submitted By Submitted Date Division / Department Action Recommendation: A RESOLUTION APPROVING AN AGREEMENT WITH HAWKINS-WEIR ENGINEERS, INC. FOR ENGINEERING SERVICES RELATED TO THE GOSHEN AND BENSON WATER TANK IMPROVEMENTS IN THE NOT -TO -EXCEED AMOUNT OF $121,800.00, AND APPROVING A CONTINGENCY IN THE AMOUNT OF $12,180.00 FOR A TOTAL COST OF $133,980.00 Budget Impact: 5400.720.5600-5314.00 Water/Sewer Fund Account Number Fund 10006.1 Benson Mountain Pressure Plane Upgrade Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Previous Ordinance or Resolution k Original Contract Number: Comments, Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 325,000.00 $325,000.00 $ 133,980.00 $ 191,020.00 Approval Date: V20140710 CITY OF FAYETTEVILLE ARKANSAS MEETING OF OCTOBER 3, 2017 TO: Mayor and City Council CITY COUNCIL MEMO THRU: Don Marr, Chief of Staff Water & Sewer Committee August 8, 2017 meeting FROM: Tim Nyander, Utilities Director DATE: September 1, 2017 SUBJECT: Approval of the engineering contract and contract contingency with Hawkins -Weir Engineers Inc. for professional services associated with the Goshen ground storage water tank; Benson (Fire Tower Road) pump station, the Benson water tank, water mains and appurtenances. RECOMMENDATION: Fayetteville City Staff recommends approval of (1) the engineering contract with Hawkins -Weir Inc. in the not to exceed amount of $121,800.00 and (2) a ten percent engineering contract contingency of $12,180.00. The total request for this Agenda item is $133,980.00. BACKGROUND Based upon inspection reports, customer water demands and field observations, the Goshen Ground storage water tank requires coating (painting) and minor rehabilitation, the pump station from the Goshen tank to the Benson (Fire Tower Road) tank requires replacement with a new pump station and the existing Benson standpipe water tank requires replacement. Additionally, water main and appurtenances are required. The proposed engineering contract with Hawkins -Weir includes surveying, design, easement assistance, SWPPP and bidding. Construction administration services may be negotiated in a future contract amendment. DISCUSSION: Hawkins -Weir Engineers Inc. was selected for this task in a formal engineering selection committee meeting on July 26, 2017, City of Fayetteville RFQ 17-01, Engineer and Architect - Selection #2. The contract scope and the not to exceed costs were negotiated by City Utilities staff. BUDGET/STAFF IMPACT: Funds are available in the Benson Mountain Pressure Plane Project project. Attachments: Contract with Hawkins -Weir Inc. Mailing Address: 113 W. Mountain Street www.fayetteviile-ar.yov Fayetteville, AR 72701 k August 31, 2017 Mr. Jim Beavers, P.E. Utilities Engineer City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 Re: Goshen Ground Water Storage Tank and Benson Pressure Plane Improvements HWEI Project No. 2017076 Dear Mr. Beavers: We appreciate the opportunity to submit this revised proposal to perform engineering services associated with the Goshen Ground Water Storage Tank and Benson Pressure Plane Improvements Project for the City of Fayetteville, Arkansas. The project scope will include the following: 1) Rehabilitation of the existing Goshen Tank, including interior and exterior coatings and any ancillary Code -related repairs 2) Replacement of the Goshen to Benson Mountain Pressure Plane pump station, including emergency standby power 3) Replacement of the existing Benson Tank with a new elevated water storage tank on property adjacent to the existing tank site 4) 4 -inch diameter water line improvements (approximately 1/2 -mile) to loop an existing dead-end water line within the Benson Mountain water distribution system Enclosed, please find a scope of services task list detailing the Basic Services proposed for this project. In summary, our services will consist of preparing a Technical Memorandum, Final Design Documents including detailed plans and specifications, and providing assistance during Bidding. The scope of services for this project does not presently include any construction management services. We understand that construction management services will be negotiated during the latter portion of the bidding phase, and with the City's concurrence will be added by Amendment to our Contract. 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. The not to exceed fee for these services is $111,800.00, plus subconsultant fees and 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. A copy of our Standard Hourly Billing Rate Structure is enclosed. 20170781) B0831176 P.dorx Mr. Jim Beavers, P.E. Page 2 August 31, 2017 Reimbursable Expenses, including subconsultant fees, incurred in connection with all Basic and Additional Services will be charged based on their actual cost. We recommend that you budget $10,000.00 for the following reimbursable expenses: title and easement research, geotechnical investigation, paint sample testing for lead, ARKUPS utility locates, the Arkansas Department of Health (ADH) review fee, and reproduction and printing. We will invoice you monthly for Basic Services and Reimbursable Expenses. Reimbursable Expenses will be invoiced in full as they are incurred. We will commence this work immediately upon your approval of this proposal and authorization to proceed, and will complete the work through the completion of the bidding phase within 8 -months. If there are changes in scope or protracted delays for reasons beyond our control, we would expect to negotiate with you an equitable adjustment of our compensation taking into consideration the impact of such changes and delays. Assuming this proposal is both acceptable and satisfactorily describes the project and the scope of services, we have prepared and executed a copy of the City's Standard Agreement for Engineering Services for your consideration. If you have any questions, or require additional information, please do not hesitate to call. Sincerely, HAWKINS-WEIR ENGINEERS, INC. �ru_t�-Uju�' Brett D. Peters, P.E. BDP/isd Enclosures: Agreement for Engineering Services Scope of Services Standard Hourly Billing Rate Structure, effective August 20, 2017 cc: Lisa Huckelbury i!�iA; 1<i<?7CtLU�i lt!S-t cool 20170761Je083117Dr.dccx AGREEMENT For PROFESSIONAL ENGINEERING SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And HAWKINS-WEIR ENGINEERS, INC. Goshen Ground Water Storage Tank and Benson Pressure Plane Improvements: Rehabilitation of the Goshen Tank, Replacement of the Benson Pump Station, Replacement of the Benson Tank, and waterline improvements in the Benson Pressure Plane. THIS AGREEMENT is made as of Oi' 6 . , 20M, 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_ (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 Utilities REV 083117 A — I 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 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. Professi onal—Sery ices—Uti lities_REV-0831 17.docx A-2 I 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. 4.3 ENGINEER shall provide a schedule of its services and include such schedule with the scope in Appendix A. Professional Services Utilities REV 083117.docx A-3 SECTION 5 - PAYMENTS TO 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 $111,800.00. The maximum not -to exceed amount authorized for Reimbursable Expenses is $10,000.00. Reimbursable Expenses shall be limited to title and easement research, geotechnical investigation, testing services for lead paint, ARKUPS utility locates, the Arkansas Department of Health review fee, the Arkansas Department of Environmental Quality Stormwater Permit Fee, 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 exceed 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-0831 17.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 083117.docx A-5 6.1.2 6.2 6.2.1 Tvoc 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 IF 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_Sen+ices_UtiIities_REV_083117.docx A-6 practices. CITY OF FAYETTEVILLE retains all other remedies to recover for its damages caused by any negligence of ENGINEER. 62.2 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'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-083117. docx A-7 0 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 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 Profession al-ServiceS_U ti l i ti es—R EV _083 117. d ocx 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 083117.docx A 9 I 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 ornissions 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—UtiIities_REV_0831 17.docx A-10 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-Utilities—REV, 083117.docx 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 Profess ional—Services_Utilities_REV-0831 17.docx A—l2 ENGINEER's address: 438 Fast Millsap Road, Suite 107 Fayetteville, Arkansas 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 Professional Services Utilities REV 083 t 17.docx A— 13 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. 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 Professional—Services_Utilities_REV_0831 17.docx A— 14 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: 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. Professional Services Utilities REV 083117.docx A-15 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. 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, CTI'Y OF FAYETTEVILLE may pursue exemplary damages in an amount (as determined by CITY OF FAYF.TTEVILLE) 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—RFV-083J 17.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. 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. Professional Serviccs Utilities REV 083117.docx A— 17 CITY OF FAYTEVILLE, ARKANSAS h or, Ltonel 1�Jordan �����wiztru�ti ATTEST: By: Yl rvu L` ���`f�'�';�,5`''i 13F City Clerk `�`~c''�G�i • �, �'. C-3 iv, 'J��'fli IIAWKINS-WEIR ENGWEERS. Inc. itii �\\\ Title: President & CEO END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES Professional_Services_Utilitie s REV 083I17.docx A-18 Appendix A Scope of Services Goshen Ground Water Storage Tank and Benson Pressure Plane Improvements City of Fayetteville, Arkansas HWEI Project No. 2017076 August 31, 2017 Task Description Task 1 — Preliminary Design Phase 1. Participate in a project kickoff meeting with the Owner 2. Prepare a Preliminary Engineering Report a. Evaluate elevated water storage tank design options b. Evaluate water booster pump station design options c. Evaluate tank mixing and DPB control systems for the Goshen and Benson tanks d. Meet with City Staff to present the Preliminary Engineering Report 3. Manage title research for the proposed Benson tank site and the proposed water line route by our sub -consultant, Waco Title 4. Determine property ownership for Rights of Entry notification by the City of Fayetteville 5. Survey the existing Goshen tank site a. Coordinate utility locates through ARKUPS 6. Survey the proposed Benson tank site a. Coordinate utility locates through ARKUPS 7. Survey the proposed water line route a. Coordinate utility locates through ARKUPS S. Manage a geotechnical soils investigation of the proposed Benson tank site by our sub - consultant GTS, Inc. 9. Coordinate with CH2M regarding SCADA design 10. Prepare a base drawing Task 2 — Final Design Phase 1. Prepare final design drawings and construction details a. Prepare and submit a 50% design review set of drawings, including a 50% cost estimate i. Participate in a 50% design review meeting with the Owner and prepare meeting minutes b. Prepare and submit a pre -final design review set of drawings, technical specifications, and a pre -final cost estimate i. Participate in a pre -final design review meeting with the Owner and prepare meeting minutes c. Prepare and submit a final set of drawings and construction details sealed by a Professional Engineer licensed in the State of Arkansas, including a final cost estimate 2. Prepare bid documents. The City will provide front end document templates. Format for specifications will be the City's Standard Specifications 3. Prepare Land Descriptions and exhibits for easement and property acquisition documents a. Coordinate with the City Land Agent and prepare any required document revisions 4. Prepare the Arkansas Department of Environmental Quality (ADEQ) storm water pollution prevention plan (SWPPP) 20170761Appendix A Scope of Services 083117.docx Perform quality assurance review of the design documents Deliver one (1) reproducible full-size copy, two (2) half-size copies, and one (1) electronic copy of the plans and specifications to the City for their use and for reproduction Incorporate final design drawing revisions following any comments received from the City, regulatory agencies, or as required to address property/easement acquisition requirements Task 3 — 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 2017076\Appendix A Scope of Semites 083117.docx Standard Billing Rate Structure For Hourly Fee Based Contracts Hawkins -Weir Engineers, Inc. Effective August 20, 2017 through August 18, 2018 Engineer Engineer VII Engineer VI Engineer V Engineer 1V Engineer III Engineer II Engineer 1 Engineering Technician Designer Il Designer I Technician IV Technician III Technician 11 Technician I Field Technician - Field Inspector Inspector lI Inspector I Field Surveying GPS Survey Administrative Business Manager Expert Witness $ 185 Per Hour $ 165 Per Hour $ 155 Per Hour $ 135 Per Hour $ 120 Per Hour $ 105 Per Hour $ 85 Per Hour $ 100 Per Hour $ 75 Per Hour $ 85 Per Hour $ 75 Per Hour $ 60 Per Hour $ 55 Per Hour $ 75 Per Hour $ 60 Per Hour $ 175 Per Hour $ 85 Per Hour Preparation At Engineer's Hourly Rate Testimony, less than 1/2 day $1,000 Testimony, per Day $2,000 Expenses Reimbursable Expenses and upcharges are determined by the Client Agreement/Contract Subconsultants/Outside Services Express Delivery, Field Supplies, Testing, Review/Filing Fees and Advertising Travel: Hotel and meals Actual Cost Vehicle $0.535 per mile effective l/l/17* 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 S 3.00 Per Copy 22 x 34 Size Copy - Color $10.00 Per Copy 1 I 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 * To be adjusted periodically to current IRS mileage rate All Billings are due upon receipt unless prior arrangements for payment have been made. 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