ORD NO 22-1981 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. 0 /2 1981
AN ORDINANCE TO AUTHORIZE THE MAYOR TO ENTER INTO A SECOND AMENDMENT TO
CONTRACT DATED DECEMBER 13, 1977, BETWEEN THE CITY OF VAN BUREN, ARKANSAS,
AND ROGERS AND ASSOCIATES, INC., CONSULTING ENGINEER.
WHEREAS, It is necessary to amend said contract to comply with Section
2(b) of the original contract to provide Engineering Services
for the Step 2 Program, and;
WHEREAS, A copy of said proposed contract is attached hereto, and;
WHEREAS, Section 19 4425 of the Arkansas Statutes 1947 Annotated pro-
vides that the governing body, by Ordinance, may waive the
requirement of competitive bidding in exceptional situations
where such procedure is not deemed feasible or practical.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,
ARKANSAS:
1. THAT the City Council waives the requirement of competitive
bidding in this particular case, as such procedure is not
deemed feasible or practical, and the Mayor is authorized
and directed to enter into a contract with Rogers and Assoc-
iates, Inc., Consulting Engineer, as provided above, and the
City Clerk Treasurer is authorized and directed to attest
the same.
2. THAT this Ordinance being immediately necessary in providing
for the immediate preservation of the public peace, health
and safety, an emergency is declared to exist and this Ord-
inance shall be, take effect, and be in force after it's
passage and publication.
PASSED AND APPROVED THIS 17th DAY OF August 19 81
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O ,TTESTED
f
CI 7 CLERK TREASURER
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CONTRACT FOR ENGINEERING SERVICES
THIS AGREEMENT made and entered into this day of •C.. <Ce*. -,<r.
197:3 by and between ROGERS AND ASSOCIATES, INC. an Arkansas Corporation,
hereinafter called the ENGINEER, and the CITY OF VAN BUREN, CITY HALL,
VAN BUREN, ARKANSAS, hereinafter called the OWNER. Witnesseth, that
whereas the Owner intends to make application to the Environmental
Protection Agency through the t.rkansas Department of Pollution Control
and Ecology for a Step I Grant 'o prepare a Facility Plan on the Van Buren
Sewer System, and to make further applications for Step II and III Grants
for the design and construction of certain sewage improvements for the
City of Van Buren, Arkansas,
NOW, THEREFORE, the Owner and Engineer for the considerations herein-
after set forth, agree as follows:
1. The Engineer agrees to serve as the Owner's professional
representative in the preparation of such Facility Plan, Final Plans, and
Specifications and, in general construction observation of the project
during construction for compliance with the plans and specifications so
provided and provide the following detailed services to the Owner in
connection with this project.
(a) Perform all necessary services regarding the proposed
project to provide a Step I Facility Plan consisting of
preliminary plans, preliminary cost data, environmental assess-
ment, infiltration inflow analysis, cost effective analysis,
and other such services required for the preparation of such
Facility Plan.
(b) Perform the necessary construction surveys and compile necessary
data for use in the design of the project.
(c) Prepare the detailed construction drawings and specifications
for the improvements and furnish the Owner with three copies of
'f' same, procure the approval of any and all approving agencies
having jurisdiction over the project, procure all necessary
permits for construction of the project, prepare 'proposal forms,
notices to bidders, complete working drawings, specifications,
and contract documents satisfactory to the Owner for the effective
coordination and execution of the construction work, and furnish
detailed estimated cost of the construction utilizing the
completed drawings and specifications as approved.
(d) Render assistance in obtaining bids, attend bid openings, anlayze
bids received, make recommendations as to the lowest and best
bidder and render assistance in the award of the contracts.
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(e) Furnish general supervision during the construction phase of
the project which shall include the setting of construction
stakes, approval of working drawings, preparation of monthly
pay estimates, and other general administrative work on the
project.
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(f) If elected by the Owner, the Engineer shall furnish a resident
inspector to provide resident inspection of the Project for
compliance with construction drawings on the project.
(g) If elected by the Owner, the Engineer shall perform such
necessary services including surveys, preparation of legal
descriptions and other pertinent data required in the obtaining
of easements, rights of way and pumping station sites.
(h) The Engineer shall have the authority to make any minor changes
during construction to insure the Owner that the work will be
properly constructed. All extra work must be added by change
order and must be approved by the Owner, the Contractor, and
the Engineer.
2. The Owner agrees to pay the Engineer for the services as described
in the preceding paragraphs at Ehe amounts as set forth below. These pay-
ments constitute complete compensation for the services rendered by the
C.� Engineer. The fee shall be as follows:
(a) For the services outlined in Paragraph 1 (a), the Owner shall
pay the Engineer a lump sum of $66,452.00 Payment for these
services shall be as follows:
A lump sum payment of $13,683.00 shall he made ninety (90)
days after the work is commenced.
A lump sum payment of $12,873.00 shall be made one hundred
eighty (180) days after the work is commenced.
A lump sum payment of $22,607.00 shall be made two hundred
seventy (270) days after the work is commenced.
The final payment of $17,289.00 shall be made upon completion
and submission of the Step I Facility Plan to the regulatory
agencies involved.
(b) For services performed under Paragraphs (b) through (h), this
contract shall be amended at a future date to provide the
monetary amounts for these payments after the Facility Plan
has been reviewed and approved.
In addition to the foregoing services, services such as site surveys,
laboratory tests, borings, specialized geologic -t1, hydraulic, or other
studies, property surveys, descriptions of needed land and easement rights
of way, maps, plans, or estimates related thereto, redesigns ordered by the
Owner after final plans have been accepted by the Owner, appearances before
courts or boards on matter of litigation, review fees by state agencies,
and other extra work shall be treated as extras and shall be paid for by the
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Owner in addition to the above fees. Personnel costs, travel costs, and
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other out -of- pocket expenses by the Engineer shall be at the following
rates:
Survey Parties $30.00 per hour
Resident Engineer $20.00 per hour
Resident Inspector r $15.00 per hour
Principal or Officer of Firm $35.00 per hour
Project Engineer $30.00 per hour
Field or Design Engineer $27.50 per hour
Field or Office Assistant $22.50 per hour
Land Surveyor $22.50 per hour
Travel Misc. 0.15 per mile or actual out -of-
pocket cost plus time at above
rates for both ways, actual cost
of subsistence and lodging
actual cost of long distance
telephone calls, telegrams, express
charges and postage other than
ordinary first class, actual cost
of materials required for the
job and used in surveying,dr.afting,
and allied activities including
printing and reproduction costs,
g) and actual cost of special tests
and services as special consultants
referred to above.
3. The cost of the work referred herein means the cost to the Owner
but such cost shall not include any Engineers or Special Consultant's fees
or reimbursements or the cost of a resident inspector or cost of land or
right of way or cost of equipment (not designed or specified by the Engineer)
or cost of insurance or the cost of any administrative or legal expense or
special test's or review fees authorized by the owner or "required by the
regulatory agencies.
4. Drawings and specifications are the property of the Owner whether
the work for which they are made be executed or not.
The Engineer will furnish to, or for, the Owner three sets of plans
and specifications at his own expense. Additional sets will be furnished
the Owner at his request and without cost to the Owner other than the direct
expense of producing the copies, specifications, blueprints of drawings
and the copies of other documents relating to the work which the Owner may
require for his own use or record. Upon completion of the work, the Engineer
will furnish the Owner with one set of "as built" Plans.
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5. Appendix C -1, REQUIRED PROVISIONS CONSULTING ENGINEERING
rh' AGREEMENTS, in complinace with Section 35.937 -9(c) of the Rules and
Regulations published in December 17, 1975, Federal Register are attached
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hereto and made a part of this contract by inclusion herein.
It is specifically agreed that where and to the extent required to
perform services under this agreement outside the normal range and scope
of engineering services by the use of special consultants in other
professional fields, such as lawyers, accountants, archeologists,
ornithologists, rate experts, and similar types of other professional
skills, the engineer shall be reimbursed the cost of such consulting
services plus an agreed lump sum payment to the Engineer to compensate
the Engineer for arranging, administering, and coordinating the work and
reports of such outside consultants. The•special consulting services
g$ shall require the written authorization of the Owner.
6. This contract may be terminated by either party upon thirty
(30) days notice in writing. In the event that the contract is terminated
by the Owner at no fault of the Engineer, the Engineer shall be paid promptly
for all the work performed to the date of termination. If the Engineer
should default, no payment shall be made to him except for the portion of
the work performed which will be of value to the Owner and which the Owner
desires to purchase.
All completed or partially completed designs, plans and specifications
prepared under this contract shall become the property of the Owner when and
if the contract is terminated and if the Engineer is reimbursed for the
cost of such plans and specifications as designated above.
7. The Owner and Engineer each binds himself, his partners,
successors, executors or administrators and assigns to the other part to
this agreement, and to the partners, successors,. executors, administrators,
and assigns to such other part L. respect of all covenants of this agreement.
All Except as above, neither the owner nor the Engineer shall assign, sublet,
or transfer his interest in this agreement without the written consent of
the other.
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IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement the day and year first above written.
OWNER: ENGINEER:
All CITY OF VAN Bf1REN, ARKANSAS ROGERS AND ASSOCIATES, INC.
City Hall, Van Buren, Arkansas 72956 Consulting Engineers
P. 0. Box 3405
W. 1 5026 Old Greenwood Road
BY ,A At Fort Smith. Arkanse\s 72913
Mayor 41, i
BY
Jo i -'N. Ro 6, gers, Preyident
�y ATTEST:
iCYI A ST:
-ac-- 7.-..,..-n,
City lerk/
Cecil Larry Weir, P.E., Secretary
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�N n
FIRST AMENDMENT TO CONTRACT
DATED DECEMBER 13, 1977, BETWEEN TIIE CmmY VAN BUREN, ARKANSAS,
AND ROGERS AND ASSOCIATES, INC., CONSULTING ENGINEER
THIS AGREEMENT made and entered into this Ali day of 114.,.
1980, by and between Rogers and Associates, Inc., an Arkansas Corporation,
hereinafter called the Engineer, and the City of. Van Buren, City Hall,
Van Buren, Arkansas, hereinafter called the Owner, acting herein by
and through it's Mayor, who is duly authorized to act for and on the
behalf of the City of Van Buren, Arkansas.
W I T N E S S E T H:
WHEREAS, the Owner and the Engineer entered into a contract dated
December 13, 1977, wherein the Owner employed the Engineers to perform
certain professional engineering services, and
WHEREAS, the Owner and the Engineer desire to amend said contract to
include additional services and compensation for these said services,
WHEREAS, the additional services are deemed necessary by preliminary
Step I studies and the necessity of which has received the concurrence
of the U.S. Environmental Protection Agency and the Arkansas State Depart-
ment of Pollution Control and Ecology,
NOW, THEREFORE, the Owner and the Engineer for the considerations
hereinafter set forth, agree as follows:
(1) The Engineer agrees to serve as the Owner's professional
representative in the preparation of a Sewer System Evaluation
Survey as deemed necessary by the Infiltration /Inflow Analysis.
(2) The Engineer agrees to serve as the Owner's professional
representative in the preparation of a Municipal Pretreatment
Program as outlined in a Plan of Study for such program
prepared and submitted to the Arkansas State Department of
Pollution Control and Ecology and the U.S. Environmental
Protection Agency.
(3) The Engineer agrees to solicit subcontractors for both the
All Sewer System Evaluation Survey and the Municipal Pretreatment
Program in a manner consistent with EPA guidelines and acceptable
to the Owner.
(4) The compensation for the preparation of the Sewer System
Evaluation Survey shall be a lump sum fee of $250,724.00.
(5) The compensation for the preparation of the Municipal Pre-
treatment Program shall be a lump sum fee of $16,152.00.
This amendment shall increase the lump sum fee of the contract
Dated December 13, 1977, from $66,452.00 to $333,328.00, and increase of
$266,876.00.
Billings shall be submitted to the Owner by the Engineer no more
frequently than monthly in accordance with the progress of work accomplished.
The execution of this instrument shall not invalidate any other
portion of the contract and /or previous amendments heretofore executed.
IN TESTIMONY Or WHICH, this instrument has been executed on behalf
of the above named Engineer and has been exectued on behalf of the
Owner in six (6) counterparts, each of equal force, on the date herein
first written above.
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OWNER:
CITY OF VAN BUREN, ARKANSAS
By: /4 r 471: 11L
Robcrf E. Bell, l Mayor
ATTEST:
City Clerk
t. ENGINEER:
ROGERS AND ASSOCIATES, INC.
d ift By:
John :N. :gets, Jr., Prct 1
ATTE
C. L. Weir, P.E., Secretary
a
2ND AMENDMENT TO CONTRACT
DATED DECEMBER 13, 1977 BETWEEN THE CITY OF VAN BUREN, ARKANSAS
AND ROGERS AND ASSOCIATES, INC., CONSULTING ENGINEERS
This Agreement made and entered into this day of
1981, by and between Rogers and Associates, Inc.,
an Arkansas Corporation, hereinafter called the Engineer, and
the City of Van Buren, Arkansas, hereinafter called the Owner,
acting herein by and through its Mayor who is duly authorized
to act for and on the behalf of the City of Van Buren, Arkansas.
W I T N E S S E T I I
WHEREAS, the Owner and the Engineer entered into a contract
dated December 13, 1977, wherein the Owner employed the Engineer
to perform certain professional engineering services, and
WHEREAS, that aforementioned contract specified in Item
2(b) that the contract shall be amended at a future date to
provide monetary amounts for payments after the facility plan
has been reviewed and approved for Items 1(b) through 1(h) of
said contract, and
WHEREAS, the Owner and the Engineer desire to amend the contract
at this time to provide for monetary compensation for Items 1(b),
1(c) and 1(d) of said contract,
NOW, THEREFORE, the Owner and the Engineer in consideration
of the mutual covenants and agreements herein contained and
contained in the original contract dated December 13, 1977, and
the 1st Amendment to the Contract dated June 16, 1980, do
mutually agree as follows:
1. For the services outlined in Paragraph 1(b)
and Paragraph 1(c) of the original contract
dated December 13, 1977, the Owner shall pay
the Engineer a lump sum of $232,350.00 Pay-
ment for these services shall be as follows:
a. A partial payment of $62,205 shall be made
upon completion of the initial field work
phase of the project, approximately 90
calendar days after commencing work.
b. A partial payment of $93,308 shall be made
upon completion of the preliminary design
of the project, approximately 180 calendar
days after commencing work.
c. A partial'nayment of $5],837 shall be made
upon completion of the final plans and
specifications for the project, approximately
270 calendar days after commencing work.
d. The balance of the fee in the :uncunt of
$25,000.00 shall be due Upon acceptance
and approval of the plans and _specifications
by the Owner and the appropriate regulatory
agencies having jurisdiction over this
project.
2. For the preparation of a Preliminary Plan of Operation
subject to the approval of the Owner and appropriate
regulatory agencies the Engineer shall be paid a
lump sum of $1,000.00 upon completion and approval.
(Not included in the fees in 1.)
3. The Engineer shall also arrange and coordinate soil
boring tests and other pertinent soils analyses for
the foundation design of the treatment plants and
pumping station for the actual cost of said boring
tests and analyses not to exceed $5,000.00. (Not
included in the fees in 1.) Written authorization
from the Owner shall be required prior to incurring
expenses in excess of $5,000.00. Fees for testing and
analyses shall be due upon completion.
The Engineer shall contract with and coordinate the activities
of subcontractors which shall comply with the Minority Business
Enterprise requirements of the U.S. EPA grant program. The
Engineer agrees to solicit said subcontractors in a manner consistent
with U.S. EPA guidelines and'acceptable to the Owner.
The execution of this instrument shall not invalidate any other
portion of the contract and /or previous amendments heretofore
executed.
IN TESTIMONY OF WHICH, this instrument has been executed on
behalf of the above named Engineer and has been executed on behalf
of the Owner in six (6) counterparts, each of equal force, on the
date herein first written above.
OWNER:
City of Van Buren, Arkansas
By:
Robert E. Bell, Mayor
ATTEST:
City Clerk
ENGINEER:
Rogers Associates, Inc.
By:
John N. Rogers, Jr., President
ATTEST:
C. L. Weir, Secretary
2ND AMENDMENT TO CONTRACT
DATED DECEMBER 13, 1977 BETWEEN CITY OF VAN BUREN, ARKANSAS
AND ROGERS AND ASSOCIATES, INC., CONSULTING
This Agreement made and entered into this// day of
W 1981, by and between Rogers and Associates, Inc.,
an rkansas Corporation, hereinafter called the Engineer, and
the City of Van Buren, Arkansas, hereinafter called the Owner,
acting herein by and through its Mayor who is duly authorized
to act for and on the behalf of the City of Van Buren, Arkansas.
W I T N E S S E T H
WHEREAS, the Owner and the Engineer entered into a contract
dated December 13, 1977, wherein the Owner employed the Engineer
to perform certain professional engineering services, and
WHEREAS, that aforementioned contract specified in Item
2(b) that the contract shall be amended at a future date to
provide monetary amounts for payments after the facility plan
has been reviewed and approved for Items 1(b) through 1(h) of
said contract, and
WHEREAS, the Owner and the Engineer desire to amend the contract
at this time to provide for monetary compensation for Items 1(b),
1(c) and l(d) of said contract,
NOW, THEREFORE, the Owner and the Engineer in consideration
of the mutual covenants and agreements herein contained and
contained in the original contract dated December 13, 1977, and
the 1st Amendment to the Contract dated June 16, 1980, do
mutually agree as follows:
1. For the services outlined in Paragraph 1(b)
and Paragraph 1(c) of the original contract
dated December 13, 1977, the Owner shall pay
the Engineer a lump sum of Pay-
ment for these services shall be as follows:
a. A partial payment of $62,205 shall be made
upon completion of the initial field work
phase of the project, approximately 90
calendar days after commencing work.
b. A partial payment of $93,308 shall be made
upon completion of the preliminary design
of the project, approximately 180 calendar
days after commencing work.
c. A partial payment of $51,837 shall be made
upon completion of the final plans and
specifications for the project, approximately
270 calendar days after commencing work.
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d. The balance of the fee in the amount of
$25,000.00 shall be due upon acceptance
and approval of the plans and specifications
by the Owner and the appropriate regulatory
agencies having jurisdiction over this
project.
2. For the preparation of a Preliminary Plan of Operation
subject to the approval of the Owner and appropriate
regulatory agencies the Engineer shall be paid a
lump sum of $1,000.00 upon completion and approval.
(Not included in the fees in 1.)
3. The Engineer shall also arrange and coordinate soil
le boring tests and other pertinent soils analyses for
the foundation design of the treatment plants and
pumping station for the actual cost of said boring
tests and analyses not to exceed $5,000.00. (Not
included in the fees in 1.) Written authorization
from the Owner shall be required prior to incurring
expenses in excess of $5,000.00. Fees for testing and
analyses shall be due upon completion.
The Engineer shall contract with and coordinate the activities
of subcontractors which shall comply with the Minority Business
Enterprise requirements of the U.S. EPA grant program. The
Engineer agrees to solicit said subcontractors in a manner consistent
with U.S. EPA guidelines and acceptable to the Owner.
The execution of this instrument shall not invalidate any other
portion of the contract and /or previous amendments heretofore
executed.
IN TESTIMONY OF WHICH, this instrument has been executed on
behalf of the above named Engineer and has been executed on behalf
of the Owner in six (6) counterparts, each of equal force, on the
date herein first written above.
OWNER:
City of an Buren, Arkansas
Robert E. Bell, Mayor
ATTEST:
City Clerk
ENGINEER:
Roger ..sociates, Inc
By SA
John egers, Jr ��dent
ATT; AdiP
C. L. We r, Secretary
a