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2189 RESOLUTION NO. 2 13 q A RESOLUTION APPROVING THE SELECTION OF AN ENGINEERING FIRM AND APPROVING A PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $73,500.00 FOR A TOPOGRAPHICAL SURVEY AND A TEN MILE BAYOU BANK STABILIZATION PROGRAM, AND FOR OTHER PURPOSES. WHEREAS, Arkansas Code Annotated Section '19-11-801, et. Seq., provides the procedure for the selection and negotiation of contracts for professional services, including professional engineering services; and WHEREAS, competitive bidding for the procurement of professional engineering services is prohibited; and WHEREAS, the City of West Memphis Ten Mile Bayou has experienced significant erosion over time posing potential damage to public infrastructure and private property; and WHEREAS, Pickering is offering services for development of a stream bank stabilization program that will allow the city to define work scope and annual budgeting levels in the future; and WHEREAS, the City of West Memphis has selected Pickering to provide the above engineering services at a cost of$73,500.00 in accordance with the Professional Services Agreement attached hereto and incorporated herein by reference; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, that the selection of Pickering to provide engineering services to the City of West Memphis for a topographical survey and a stream bank stabilization program is hereby approved and the Mayor and the City Clerk are hereby authorized to execute the Professional Services Agreement on behalf of the City of West Memphis for the professional services to be provided by Pickering. i � / ADOPTED this day of Y/(`A �� �� , 2019. MA CO McCL NDON, MAYOR ATTEST: C'uDAU-1 J,O E AY, CITY CLERK RECEIVE Cit Clerk ate e_ r•. Plckenng Service and Good Work... Our Foundation,Our Future Since 1946 February 11, 2019 Amanda Hicks City Engineer City of West Memphis 205 S. Redding West Memphis,AR 72303 RE: Ten Mile Bayou Bank Stabilization Programming Dear Mrs. Hicks: Pickering is pleased to submit this proposal to provide professional services for the referenced project. We understand that the City of West Memphis needs assistance in accordance with the following: Scone of Services The section of the Ten Mile Bayou than runs through the more densely populated sections of West Memphis from Interstate 40 to the east to Hwy 70 has experienced significant erosion over time, posing potential damage to public infrastructure and private property. Preliminary observations show sections of significant bank sluffing that are encroaching upon private properties,publicly owned overhead electric lines, and sanitary and storm drainage systems. Pickering is offering professional surveying and engineering planning services for development of a stream bank stabilization program that will allow the city to define work scope and annual budgeting levels moving forward, in order to systematically address bank stabilization throughout the identified reach of the Ten Mile Bayou. In addition,conceptual planning for the extension of bike and pedestrian trails for incorporation into the City's Bikeway Plan will be provided. Pickering's scope of work for this effort is more specifically defined as: 1. Survey We will perform a topographic survey of approximately 5 miles of the Ten Mile Bayou channel and aerial topographic survey of 100 feet of the left and right banks with an additional 100 feet at the tributaries feeding Ten Mile Bayou. Detailed digital imaging of eroded bank conditions will be provided to assist in the assessment and repair alternatives in the planning phase. Specific survey tasks include: - Establish project control and targets along ditch - Aerial LIDAR scan - Data processing - RECAP(digital imaging) file development Facility Design • Civil Engineering • Surveying • Transportation • Natural/Water Resources 317 South Church Street 9 Jonesboro,AR 72401 • Phone: 870.336.0117 9 www.pickeringfirm.corn Amanda Hicks February 11,2019 Page 2 of 3 Note: For best results, aerial survey should be performed from January 151 though April 15`h for accurate data collection in vegetated areas. 2. Bank Stabilization Program Development Beginning with the Ten Mile Bayou topographic data collected, Pickering will develop a program for a systematic approach to be utilized by the City of West Memphis for annual budgeting and execution of a bank stabilization program throughout the area identified. The process for developing this program includes: - Research of existing City documents and survey data - Site visits - Erosion evaluation and existing condition exhibits - Repair alternatives and typical sections - Cost estimating for bank stabilization - Prioritization,Programming, and Budgeting - Meetings with City - Final recommendations and report preparation Based on meetings with the City and projected funding levels available to address the erosion conditions in Ten Mile Bayou, Pickering's final report will include recommendations for annual construction scope with accompanying cost estimates required to complete bank stabilization for the entire study area. This information can be used by the City to assist in contracting with a licensed engineer to develop construction documents and specifications per program recommendations. Specific Proposal Exclusions: - Construction documents - Permitting - Stream or wetlands evaluation - Public Infrastructure or private property repair recommendations Compensation for Basic Services We will invoice you monthly for work done based on actual work completed. We propose to complete the work in the scope of basic services with the fee basis noted plus customer reimbursable expenses. Reimbursable items will be billed at actual cost plus 15%for expenses. Survey(Item 1) LumpSum Fee.....................................................................................................................S35,000.00 Bank Stabilization Program Development(Item 2) LumpSum Fee.....................................................................................................................$38,500.00 Amanda Hicks February 11, 2019 Page 3 of 3 Additional Services In the event you request additional services over and above the subject scope of work,we will perform said additional services on the basis of a negotiated lump sum fee agreed to by both of us, or on the basis of our standard hourly rates plus reimbursable expenses as defined in the attached General Provisions. General Services are to be rendered in the customary manner,which, together with the general understanding applicable to our relationship with you,are set forth in the printed General Provisions which are attached hereto and made a part of this proposal. Your particular responsibilities are also set forth in these General Provisions and should be considered and read by you prior to the acceptance of this proposal. This proposal and the referenced attachments represent the entire understanding between you and us in respect to the project and may be modified in writing signed by both of us. This proposal is good for 30 days from the date above. If this proposal satisfactorily sets forth your understanding of the arrangements between us,please sign below and return one copy and return it to us,retaining a copy for your records. Please do not hesitate to give me a call at(870) 336-0117 if you have any questions. Sincerely, PICKERING FIRM, INCORPORATED Michael L. Foster, P.E. Principal Owner Enclosures: General Provisions Standard Hourly Rates AUTHORIZATION DATE a z/ Please sign and return this letter to the attention of the writer. This will serve as our authorization for our records. N:\PROP\FEEQ\CIVID,CNB20I9\BP-TEN MILE BAYOU.DOC GENERAL PROVISIONS Attached to and made part of LETTER AGREEMENT dated February 11, 2019 between the City of West Memphis (CLIENT) and Pickering Firm,Inc.(ENGINEER)in respect of the project(PROJECT)described therein. SECTION 1. CLIENT'S RESPONSIBILITIES connection with the PROJECT,long distance calls,overnight mail,telecopies, and fees paid for testing and/or for securing 1.1 CLIENT shall designate a person to act with authority on approval of authorities having jurisdiction overthe PROJECT. CLIENT'S behalf in respect to all aspects of the PROJECT, shall • Expense of printing, reproduction, postage, and handling of examine and respond promptly to ENGINEER'S submissions, and drawings, specifications,and reports including duplicate sets shall give prompt written notice to ENGINEER whenever he observes at the completion of each phase of the client's review and or otherwise becomes aware of any defect in the PROJECT. The approval. person designated by the CLIENT shall be Amanda Hicks. • Expense of subconsultants and specialists when authorized by the CLIENT. 1.2 CLIENT shall also provide to the ENGINEER all objectives, constraints and criteria, and information as to the design and SECTION 3. PAYMENTS TO THE ENGINEER technical requirements for and scope of the PROJECT,and shall: 3.1 Progress payments shall be made in proportion to services • Guarantee access to and make all provisions for ENGINEER to rendered and as indicated within this AGREEMENT and shall be due enter upon public and private property as necessary to and owing upon receipt of the ENGINEER'S submittal of his invoice. A accomplish the work. fee of 1- 1/2%of the invoiced amount will be charged for each month • Provide such legal, accounting, independent cost or portion thereof that payment is late; payment when received will estimating, and insurance counseling services as may be be applied first to this fee and then to the original invoiced amount. required for the PROJECT. Initial payment or retainage will be credited to the ENGINEER'S last • Establish and periodically update the budget for the invoice for services. PROJECT including maintenance of reasonable contingencies for the design, procurement, and 3.2 The CLIENT shall contact the ENGINEER'S Project Manager construction phases. within five (5) working days of receipt of the invoice to clarify any • Provide current site survey and geotechnical and disputed issues concerning the invoice. Payment of non-disputed environmental studies and reports, and construction items shall not be withheld. Failure to contact the ENGINEER'S Project material testing as may be required for the PROJECT. • Cause CLIENT'S separate consultants and/or contractors to Manager within five(5)working days shall constitute confirmation that coordinate their services with the services provided by the the invoice is acceptable to the CLIENT and duly payable in full. ENGINEER. ENGINEER shall be entitled to rely on the accuracy and completeness of services and information 3.3 If the CLIENT fails to make payments due the ENGINEER,the furnished by the CLIENT and the CLIENT'S consultants. ENGINEER may, after giving seven (7) days written notice to CLIENT, ENGINEER shall have no responsibility for the technical suspend services under this AGREEMENT,and retain all work products content of CLIENT'S or CLIENT'S services and information deliverable to the CLIENT until payment is made. ENGINEER shall have but shall notify CLIENT if ENGINEER becomes aware of any no liability to the CLIENT for delay or damage caused to the CLIENT error, omission or inconsistency in such services or because of such suspension of services The ENGINEER'S fees and time information. • Furnish approvals and schedule for remaining services shall be equitably adjusted.The project pp permits from all governmental authorities having jurisdiction over the PROJECT. completion date shall be extended no less than the number of days• Provide the ENGINEER with escorts and means of access to services are suspended. all areas; this being necessary for the orderly progress of the work,the ENGINEER shall be entitled to rely upon the 3.4 Invoices which remain unpaid sixty(60)daysfrom the date of efficiency and completeness thereof. the invoice may result in the cessation of all work on the PROJECT. If payment has not been received after ninety(90)days from the date of • Compensate the ENGINEER for services rendered underthis invoice,a stop work order will be issued. The CLIENT will be liable for AGREEMENT and pay all cost incident to CLIENT furnished all reasonable collection costs and attorne s fees. The CLIENT will be items. y given a written notice seven(7)days before work is stopped. SECTION 2. REIMBURSABLE EXPENSES 3.5 No deductions shall be made from the ENGINEER'S 2.1 Reimbursable expenses include actual expenditures compensation because of penalties,liquidated damages,or other sums made bythe ENGINEER,his employees,or his subconsultants in the withheld from payments to Contractors nor for disputes with regard to interest of the PROJECT. Reimbursable expenses include but are ENGINEER'S services. not limited to the following: • Expenses of transportation and living when traveling in PICKERING FIRM,INC I PAGE 1 1 Revised 07/18 3.6 If the PROJECT is delayed or if the ENGINEER'S services for SECTION 8. GOVERNING LAW the PROJECT are delayed or suspended for more than three months for reasons beyond the ENGINEER'S control, the ENGINEER may, 8.1 This AGREEMENT shall be governed by Arkansas law. after giving seven days written notice to the CLIENT,terminate this AGREEMENT, and the CLIENT shall compensate the ENGINEER in SECTION 9. GENERAL accordance with the termination provision contained in the AGREEMENT. 9.1 The engineering services under this AGREEMENT will be performed in accordance with professional skill and care ordinarily 3.7 A sample invoice is attached. Without comments to the provided by engineers practicing in the same or similar locality contrary, CLIENT agrees that the format and content of the invoice under the same or similar circumstances("Standard of Care").The are satisfactory for payment. ENGINEER shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the SECTION 4. OWNERSHIP OF DOCUMENTS PROJECT. Notwithstanding any other representations made elsewhere in this Agreement or in the execution of the Project,this 4.1 It is understood by and between the parties that all Standard of Care shall not be modified. ENGINEER makes no drawings, specifications and other work products of the ENGINEER warranties or guarantees either expressed or implied. for this project shall remain the property of the ENGINEER, are instruments of service for the PROJECT only,and shall apply only to this9.2 Any opinion of construction cost prepared by the particular property. Upon payment for services rendered, ENGINEER grants CLIENT a license to use instruments of ENGINEER represents ENGINEER'Sjudgment as a design professional ENGINEER'S professional service for the purpose of constructing, and is supplied for the general guidance of the CLIENT. The occupying, or maintaining the Project. The CLIENT shall not reuse ENGINEER has no control over the cost of labor and material,or over any of the instruments of service of the ENGINEER for extensions of competitive bidding or market conditions. The ENGINEER does not this PROJECT or for an other guarantee,warranty or represent as accurate such opinions. y project without the written permission of the ENGINEER. Any reuse or adaptation of the ENGINEER'S instruments of service on other projects shall entitle 9.3 The point of contact for the ENGINEER will be Michael Foster. ENGINEER to additional compensation in an amount to be agreed upon by the CLIENT and ENGINEER. 9.4 Asa condition precedent to any legal proceedings,all claims, disputes,controversies or matters in question arising out of,or relating SECTION S. DELEGATION OF DUTIES to the AGREEMENT or any breach thereof including,but not limited to, disputes arising out of alleged design defects, breaches of contract, 5.1 Neither the CLIENT nor the ENGINEER shall delegate his error omissions, or acts of professional negligence (collectively duties under this AGREEMENT without the written consent of the `disputes")shall be submitted to mediation before and as a condition other. precedent to any other remedy. Upon written request by either party to this AGREEMENT for mediation of any dispute, CLIENT and SECTION 6. TERMINATION ENGINEER shall select by mutual agreement,a neutral mediator. Such selection shall be made within ten (10) calendar days of the date of 6.1 This AGREEMENT may be terminated by either party by receipt by the other party of the written request for mediation. In the seven days written notice in the event of substantial failure to event of failure to reach such agreement or in any instance when the perform in accordance with the terms of this AGREEMENT by the selected mediator is unable or unwilling to serve and a replacement other party through no fault of the terminating party. If this mediator cannot be agreed upon by CLIENT and ENGINEER within ten AGREEMENT is terminated,the ENGINEER shall be paid for services (10) calendar days, a mediator shall be chosen as specified in the performed to the termination notice date including reimbursable Construction Industry Mediation Rules of the American Arbitration expenses due plus termination expenses. Termination expenses Association then in effect. are defined as reimbursable expenses directly attributable to Notwithstanding any other provisions of this Article, in no termination, plus 15% of the total compensation earned to the event shall a demand for mediation be made more than two(2)years time of termination to account for ENGINEER'S re-scheduling from the date the party making demand knew or should have known adjustments, reassignment of personnel and related costs incurred of the dispute or six (6) years from the date of the substantial due to termination. completion of ENGINEER'S participation in the PROJECT whichever date shall occur earlier. SECTION 7. EXTENT OF AGREEMENT All mediation shall take place in the county designated by ENGINEER unless ENGINEER and CLIENT agree otherwise. The fees of 7.1 This AGREEMENT represents the entire and integrated the mediator(s)shall be apportioned equally between the parties. AGREEMENT between the CLIENT and the ENGINEER and supersedes 9 5 Neither party shall hold the other responsible for damages all prior negotiations,representations,or agreements either written or delay in performance caused by acts of God, strikes, lockouts, or oral. This AGREEMENT may be amended only by written accidents, or other events beyond the control of the other or the instrument signed by the CLIENT and the ENGINEER. other's employees and agents. PICKERING FIRM, INC I PAGE 2 1 Revised 07/18 9.6 In the event any provisions of this AGREEMENT shall be 10.5 If this PROJECT concerns the identification and/or removal held to be invalid and unenforceable,the remaining provisions shall of hazardous materials,CLIENT specifically agrees to indemnify and be valid and binding upon the parties. One or more waivers by hold harmless ENGINEER from any and all claims, liabilities or either party of any provision,term,condition or covenant shall not damages of whatsoever nature and whatsoever character,including be construed by the other party as a waiver of a subsequent breach attorneys' fees, related to any claim for existence of hazardous of the same by the other party. materials contamination including but not limited to personal injury or wrongful death associated with hazardous materials in regard to 9.7 The ENGINEER has no control over, charge of, or this PROJECT to the extent permitted by Arkansas law and not responsibility for construction. CLIENT shall retain a qualified otherwise prohibited by Arkansas Statutes or the Constitution of the Contractor(s), licensed in the jurisdiction of the PROJECT to State of Arkansas. implement the construction of the PROJEXCT. The ENGINEER has not been retained or compensated,nor is the ENGINEER responsible SECTION 11. INSURANCE to provide,design and construction review services relating to any safety precautions or means,methods,techniques, sequences,or 11.1 The ENGINEER shall acquire and maintain statutory procedures performed by any Contractor or vendor in connection workmen's compensation insurance coverage,employer's liability, with the engineering service provided hereunder. and comprehensive general liability insurance coverage where reasonably commercially available. SECTION 10. INDEMNITY 11.2 The ENGINEER shall maintain professional liability insurance 10.1 Should the ENGINEER become involved in litigation as a coverage where reasonably commercially available. result of his performance of work for the CLIENT under this contract, the CLIENT agrees to defend and hold harmless the 11.3 CLIENT agrees to require any contractor working on the ENGINEER to the extent permitted by Arkansas law and not otherwise PROJECT to provide CLIENT and ENGINEER with Commercial prohibited by Arkansas Statutes or the Constitution of the State of General Liability Insurance which names both CLIENT AND Arkansas in such litigation provided the ENGINEER has not been ENGINEER as additional insured for their interests on the PROJECT negligent or has found to be at fault in such litigation. as they may exist. Said insurance shall be primary to any other insurance offering the same or similar coverage and this shall be 10.2 If any claim is brought against either CLIENT or ENGINEER reflected on the certificate of insurance. Proof of such insurance in by any third party,relating in whole or in part to the negligence of the form of a standard Accord certificate shall be sent to CLIENT and CLIENT or ENGINEER each party shall indemnify the other against ENGINEER prior to commencement of construction. any loss or judgment, including attorneys' fees and costs, to the proportionate extent that such loss or expense is caused by that party's negligence. CLIENT will indemnify to the extent permitted by Arkansas law and not otherwise prohibited by Arkansas Statutes or the Constitution of the State of Arkansas. 10.3 Limitation of Liability. For each PROJECT, CLIENT and ENGINEER agree that,to the fullest extent permitted by law, the total aggregate liability of ENGINEER its employees, agents and subcontractors, for claims of loss, injury, death, damage or expense,including claims under Section 10.2,shall not exceed the total sum of $50,000.00 or the fee set forth in the Work Authorizations, whichever is lesser, for any claims arising out of ENGINEER'S services under this contract irrespective of the cause of action plead. Such causes include, but are not limited to, ENGINEER'S negligence errors, omissions, breach of contract, breach of warranty, strict liability, negligent misrepresentation, statutory liability, or other acts giving rise to liability based upon contract,tort,or statute. This provision takes precedence over any conflicting provisions of this AGREEMENT. 10.4 CLIENT acknowledges that the ENGINEER is a business entity and agrees that any claim made by the CLIENT arising out of any act or omission of any member, owner, partner, manager, director, officer, or employee of the business entity in the execution or performance of this Agreement shall be made solely against the business entity and not against any individual or group of individuals in any capacity. PICKERING FIRM,INC PAGE 3 Revised 07/18 P7ickerin g Service and Good Work... Our Foundation, Our Future Since 1946 STANDARD PROFESSIONAL SERVICES FEES JANUARY 1, 2019 Classification Hourly Fee 1. Principal/ Project Director......................................................................................210.00 2. Senior Project Manager..........................................................................................190.00 3. Project Manager/ Senior Architect/Senior Engineer............................................180.00 4. Architect/Engineer................................................................................................145.00 5. Senior Designer......................................................................................................130.00 6. Survey Manager.....................................................................................130.00 7. Professional Intern..................................................................................115.00 8. Project Surveyor.....................................................................................................115.00 9. Senior Scientist/ Senior Geologist.........................................................................105.00 10. Senior Technician...................................................................................................105.00 11. Technician /Inspector/Project Coordinator.............................................................90.00 12. Scientist ...................................................................................................................90.00 13. Survey Team (2-person), Including Conventional Equipment*.............................150.00 14. Survey Team (3-person), Including Conventional Equipment*.............................185.00 15. Survey Team (4-person), Including Conventional Equipment*..............................220.00 * NOTE: A Robotic Total Station may be substituted as a Survey Team member. For instance, if a Robotic Total Station is utilized on a 2-person survey Team then the client will be billed using a 3-person Survey Team Rate. 16. GPS Survey Team (1-person).................................................................................155.00 17. GPS Survey Team (2-person).................................................................................200.00 18. Clerical.......................................................................................................................85.00 Facility Design . Civil Engineering . Surveying . Transportation . Natural/Water Resources 6775 Lenox Center Court, Suite 300.Memphis,TN 38115.Phone:901.726.0810. FAX 901.272.6911 .www.pickeringfirm.com Page 2 of 2 19. A minimum daily fee is charged for any one-time service of a project manager, senior architect or senior engineer($1,800), or architect/engineer($1,500). 20. A minimum of four (4) hours is charged for a survey team for any service occurrence. 21. A rate of twice the Standard Professional Services Fee is required for depositions, court proceedings and insurance investigations. 22. Overtime hourly rate is 1.5 times the regular hourly rate. 23. Construction Manager/Administrator/Supervisor/Inspector hourly rate varies from $90 to $140 depending on the level of expertise required and the frequency of the requirement for the specific individual. OTHER SERVICES 24. Mileage will be charged for all travel if destination is greater than 30-mile radius from office. 25. Other travel, meals, hotel/motel, and auto rental at 1.15 times the expense incurred. 26. Consultants will be charged at 1.15 times actual rates. 27. Printing, reproduction and express courier at 1.15 times cost. 28. Four-wheeler/All-Terrain vehicle (ATV) Rate is $100.00 per day.