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RES NO 02-06-2013 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 2013 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT FOR ENGINEERING SERVICES FOR THE I6 STREET AND POINTER TRAIL TRAFFIC SIGNALIZATION AND IMPROVEMENT PROJECT. WI- IEREAS, the City of Van Buren, Arkansas desires to make improvements to 16 Street and Pointer Trail to include traffic signalization and street improvements, and in order to commence the project the City is in need of engineering services for the development of plans, designs, and supervision for said project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT: SECTION 1: The Mayor is authorized to enter into a contract (Exhibit "A with McClelland Consulting Engineers, Inc. to provide engineering services for the planning and design and supervision of the 16 Street and Pointer Trail Traffic Signalization and Improvement Project. Payment for such engineering services and reimbursable expenses shall not exceed $82,200.00. IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of for and against, the foregoing Resolution at its regular meeting held on the 25 of February 2013. ♦ate r s Rober b. Free at Mr ATTESTED: AP R ,EDA. O 1 «L .g Barbie Curtis andice A. Settle City Clerk /Treasurer City Attorney FYI 3 -2106 Page 1 of 3 WORK ORDER NO. 1 ENGINEERING DESIGN SERVICES ASSOCIATED WITH THE POINTER TRAIL NORTH 16th STREET INTERSECTION PERFORMED FOR THE CITY OF VAN BUREN, ARKANSAS This Work Order amends Articles 1. 2, and 5 of the Basic Agreement executed the day of 2013, between McClelland Consulting Engineers, Inc., hereinafter referred to as the ENGINEER and the City of Van Buren, Arkansas, hereinafter referred to as the OWNER on this the day of 2 013. ARTICLE 1 The OWNER wishes to develop full design documents for signalization and intersection improvements to Pointer Trail and N.I6th Street. The scope of work will also include some milling and asphalt overlay to these streets. Also to be included are construction documents, construction bidding, construction administration and construction observation. The ENGINEER will complete the following design tasks under Work Order No. I. Subsequent Work Orders will be developed as other needs arise. In order to assist the OWNER with this objective, the ENGINEER will complete the following tasks under Work Order No. I: Task No I Topographical Survey 1. Field survey for design. Task No 2 Design 1. Project concept/coordination. 2. Horizontal alignment plan for widening existing portion of N.1 6th St to the north, terminating at 1 -40 overpass, as well as for a new 3 -lane, 36' BOC, street extension /stub- out to the south of approx 130' length 3. Vertical alignment plan for street improvements in #2 above. 4. Cross sections for street improvements in #2 above. 5. Earthwork. 6. Drainage revisions. 7. Traffic signalization. 8. Crosswalks at all four intersection approaches. 9. Project specifications and bid documents. 10. Utility coordination necessary in association with improvements. 11. Submit 30% and 90% drawings and cost estimates for Owner review. 12. Other miscellaneous details to provide a complete set of project bid documents. 13. Bidding assistance. K: \2013 \132106- Pointer Trail N. 16th Street Intersection Van Buren \Contracts \Work Order 1.docx FY13 -2106 Page2of3 Task No 3 Right -of- -Way Boundary Resolution It is assumed that for the most part, improvements will take place within existing street right -of- way (ROW). Where property is to be acquired by the City; boundary resolution work, preparation of TCE /ROW documentation, legal descriptions and Exhibit A maps will be provided for each property parcel /tract. The scope of work excludes easement acquisition/negotiation with property owners. Task No 4 Services During Construction 1. Attend pre construction meeting. 2. General construction administration. 3. Construction observation, as determined by nature of construction activities. 4. Change order preparation and review. 5. Pay request review. 6. Submittal review. 7. Final inspection. ARTICLE 2 Task No 1 Topographical Survey Payment for the services described in ARTICLE 1 for Topographical Survey shall be on an hourly rate basis plus direct expenses, not to exceed $4,200.00. Hourly rates shall be those in effect at the time services are provided. Current hourly rates are attached. Task No 2 Design Payment for the services described in ARTICLE I for Design shall be on an hourly rate basis plus direct expenses, not to exceed $45,710.00. Hourly rates shall be those in effect at the time services are provided. Current hourly rates are attached. Task No 3 Right -of -Way Boundary Resolution Payment for the services described in ARTICLE 1 for shall be on an hourly rate basis plus direct expenses, as directed by the OWNER, not to exceed $4,500.00. Hourly rates shall be those in effect at the time services are provided. Current hourly rates 'are attached. The following charges shall apply for work requested by the OWNER: o Land Ties; 8 hours $143 /hour $1,144.00. o Exhibit A Maps with ROW/TCE /Legal Description; $1,000.00 each. o Deed Research; By Crawford County Title Estimated at $100.00. K: \2013 \132106- Pointer Trail N. 16th Street Intersection :Van Buren \Contracts \Work Order 1.docx FY13 -2106 Page 3 of 3 Task No 4 Services During Construction Payment for the services described in ARTICLE 1 for Design shall be on an hourly rate basis plus direct expenses, not to exceed $27,790.00. Hourly rates shall be those in effect at the time services are provided. Current hourly rates are attached. ARTICLE 5 IN WITNESS WHEREOF, the parties hereto each herewith subscribe the same in duplicate. FOR THE CITY OF VAN BUREN, ARKANSAS By: Attest By: Honorable Bob Freeman, Mayor Dated this day of 2013 F0) cCLELLAND CONSULTING ENGINEERS, INC. By: L lr eola Attest By` r Kevin Beaut .nt, Partner,ayetteville Dated this /f day of J /L� 2013 K: \2013 \132106- Pointer Trail N. 16th Street Intersection Van Duren Contracts \Work Order 1.docx BASIC AGREEMENT TO FURNISH ENGINEERING SERVICES TO THE CITY OF VAN BUREN, ARKANSAS This Agreement made this day of 2013, between the tinn of McClelland Consulting Engineers, Inc., hereinafter referred to as the ENGINEER, and the City of Van Buren, Arkansas, hereinafter referred to as the OWNER, wherein the ENGINEER agrees to provide certain as defined in Article 1 and for the consideration defined in Article 2 herein. ARTICLE 1 The scope of services when requested by the OWNER will be described in specific Work Orders, which become a part of this agreement upon execution. The ENGINEER agrees to perfonn the services described in each Work Order after execution by both parties to the agreement. ARTICLE 2 The compensation for services to be provided will be negotiated and specified in each Work Order. ARTICLE 3 Payment to the ENGINEER for services provided as described in Article 1 is to be made within thirty (30) days after date of billing. The amount due will be for services rendered during the previous month based on the percentage of completion or actual costs, as appropriate. ARTICLE 4 It is further mutually agreed by the parties hereto: 4.1 That the OWNER will designate a representative to direct and coordinate the efforts of the ENGINEER who will be the only source of instructions to the ENGINEER and who shall have the authority to interpret the OWNER's policy as necessary to maintain the ENGINEER'S work schedule, administer the Agreement, and certify the ENGINEER'S payment requests. 4.2 That the OWNER shall make available to the ENGINEER all technical data in the OWNER's possession, including laboratory tests, maps, surveys, borings, and other information required by the ENGINEER and relating to the ENGINEER'S work. 4.3 That the OWNER will provide staff assistance in locating and uncovering existing utilities when necessary in the project area. 4.4 That the estimates of cost for the Project provided for herein are to be prepared by the ENGINEER through exercise of his experience and judgment in applying presently available cost data, but it is recognized that the ENGINEER has no control over cost of labor and materials conditions, so that he can not warrant that the Project construction cost will not vary from his cost estimate. If OWNER wishes greater assurance as to probable construction cost, OWNER shall employ an independent cost estimator. 4.5 It is anticipated that most of the work orders will be completed on a Lump Sum basis or percent of construction cost, hourly rate basis or as set forth in the Work Orders. That the ENGINEER's direct expenses are defined as the costs incurred on or directly for the Project, other than the Salary and General Overhead Costs, as defined hereinbefore. Such direct expenses shall be computed on the basis of actual purchase price for items obtained from commercial sources and on the basis of usual commercial charges for items provided by the ENGINEER. Direct expenses shall include, but not be limited to, necessary transportation costs, including mileage at the ENGINEER'S current rate per mile when the ENGINEER's own automobiles are used; meals and lodging; laboratory tests and analyses; computer services; word processing services; telephone; and printing and binding charges. 4.6 That if payment of the amount due as prescribed in Article 2, or any portion thereof, is not made within the period specified in Article 3, interest on the unpaid balance thereof will accrue at the rate of ten (10) percent per annum and become due and payable at the time said overdue payments are made. 4.7 That the ENGINEER shall maintain a level of competency presently maintained by other practicing professional engineers in the same type of work for the professional and technical soundness and accuracy of all designs, drawings, specifications, and other work and materials furnished under this Agreement. 4.8 That either party may terminate this Agreement at any time by a notice in writing to the other party. If the Agreement is terminated as provided herein, the ENGINEER will be paid for services actually performed; the amount of said payment shall bear the same ratio to the total compensation specified as the services actually performed bear to the total services of the ENGINEER, Tess payments of compensation previously made. 4.9 That the OWNER may, from time to time, request changes in the scope of the services of the ENGINEER to be performed hereunder. Such changes, including any increase or decrease in the amount of the ENGINEER'S compensation, which are mutually agreed upon by and between the OWNER and the ENGINEER, shall be incorporated in written amendments to this Agreement. 4.10 That the OWNER shall pay for all costs of publishing advertisements for bids, for obtaining drawing reviews, permits, and licenses that may be required by local, state, or federal authorities and shall pay for and secure the necessary land, easements, and rights -of -way as described by the ENGINEER or local surveyor. 4.11 That all claims, counter claims, disputes and other matters in question between the OWNER and the ENGINEER arising out of or relating to this Agreement or in the breach thereof, will be decided by binding arbitration only if both parties hereto specifically agree to the use of arbitration in regard to the individual matter in dispute. The total liability, in the aggregate, of the ENGINEER and the ENGINEER'S Officers, K:\2013 3132106 Pointer Trail N. 16th Street Intersection Van 6wcn\Contracts \Basic Agreement.docx Page 2 of 4 Directors, Employees, Agents and Independent Professional Associates and Consultants, and any of them to OWNER, and anyone claiming by, through or under OWNER, for any and all injuries, claims, losses, expenses or damages whatsoever arising out of or in any way related to the ENGINEER'S services, the project or this agreement from any cause or causes whatsoever, including but not limited to the negligence, errors, omissions, strict liability, or breach of contract of the ENGINEER or the ENGINEER'S Officers, Directors, Employees, Agents or Independent Professional Associates or Consultants, or any of them, shall not exceed the total compensation received by the ENGINEER under the agreement. 4.12 That, in the event of any legal or other controversy requiring the services of the ENGINEER in providing expert testimony in connection with the Project, except suits or claims by third parties against the OWNER arising out of en or omissions of the ENGINEER, the OWNER shall pay the ENGINEER for services rendered in regard to such legal or other controversy on a basis to be negotiated. That the OWNER will pay the ENGINEER for labor and expenses incurred in satisfying the requirements and assisting in any audit required by the OWNER or any of their duly authorized representatives. The basis of payment will be specified in an Amendment to this Agreement. 4.13 That visits to a construction site and observations made by the ENGINEER as part of his services shall not relieve the construction contractor(s) of his obligation to conduct comprehensive inspections of this work sufficient to ensure conformance with the intent of the Contract Documents and shall not relieve the construction contractor(s) of his responsibility for all construction means, methods, techniques, sequences, and procedures necessary for coordinating and completing all work under the construction contract(s) and for all safety precautions incidental thereto. Such visits by the ENGINEER are not to be construed as part of the observation duties of on -site observation personnel. 4.14 That the ENGINEER shall provide partial on -site observation personnel as required and will make reasonable efforts to guard the OWNER against defects and deficiencies in the work of the contractor(s) and to help determine if the construction contract(s) has been fulfilled. Their day -to -day observation will not, however, cause the ENGINEER to be responsible for those duties and responsibilities which belong to the construction contractor(s) and which include, but are not limited to, full responsibility for the techniques and sequences of construction and the safety precautions incidental thereto and for performing the construction work in accordance with Contract Documents. 4.15 That the ENGINEER has the right to subcontract services; however, the OWNER has the right to approve subcontractors who perform work on the Project in excess of $10,000. 4.16 All documents including drawings, specifications, estimates, field notes, and other data pertaining to the work or to the Project shall become the property of the OWNER. The OWNER shall not be restricted in the subsequent use of the design, design documents, or ideas incorporated in the work. However, the ENGINEER shall bear no responsibility for such reuse of the design unless specifically agreed to in writing. KA2013 \132106- Pointer Trail K N 16th Street Intersection Van Buren \Contacts \Basic Agreement.doex Page 3 of 4 4.17 That this Agreement is to be binding on the heirs, successors, and assigns of the parties hereto and is not to be assigned by either party without first obtaining the written consent of the other. ARTICLE 5 IN WITNESS WHEREOF, the parties hereto each herewith subscribe the same in duplicate. FOR THE CITY OF VAN BUREN, ARKANSAS By: Attest By: Honorable Bob Freeman, Mayor Dated this day of 2013 FOR e ELLAND CONSULTING ENGINEERS, INC. By: ea,l,a A ttest By: 4 Kevin Bea. ont, Partner, F eville Dated this day of 44/ 2013 K:\201 32106 Pointer Trail &N. 16111 Street Intersection Van Buren \Contracts\ Basic Agreementdocx Page 4 of 4