ORD NO 27-1981 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. 2 7 -1981
AN ORDINANCE TO AUTHORIZE THE MAYOR TO ENTER INTO A THIRD 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 21st DAY OF September 19 81
i, u
e
ATTESTED: MAYOR
0
CITY CLERK- T•EASU•ER
2ND AMENDMENT TO CONTRACT
DATED DECEMBER 13, 1977 BETWEEN THE CITY OF VAN BUREN, ARKANSAS
AND ROGERS AND ASSOCIATES, INC., CONSULTING ENGINEERS
Thi Agreement made and entered into this ay of
1981, by and between Rogers and Associates, Inc.,
an kansas 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
V•
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 payment of $51,837 shall be made
upon completion of the final plans and
specifications for the project, approximately
270 calendar days of ;er commencing-work.
d. The balance o the f 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
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 1 Buren, Arkansas
Ro.- Bell, Mayor
ATTEST:
City Clerk
ENGINEER:
Rogers ociates, In
By Alii& t .gag
John gers, J/, dent
C. ^e'r, Secretary
3RD AMENDMENT TO CONTRACT
DATED DECEMBER 13, 1977 BETWEEN THE CITY OF VAN BUREN, ARKANSAS
AND ROGERS AND ASSOCIATES, INC., CONSULTING ENGINEERS
T is Agreement made and entered into this a day of
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 Second Amendment dated to the aforementioned
contract involved services to be provided as associated with
Alternative 2 -A of the Facility Plan,and
WHEREAS, Alternative 4 has since been developed and shown
to be more cost effective and the engineering services contract
should reflect the work involved in Alternate No. 4 and sewer
system rehabilitation as described in the Facility Plan adopted
by the Owner, and
WHEREAS, the Owner and the Engineer desire to amend the contract
to nullify Amendment No. 2, and to provide monetary compensation for
Items 1(b), 1(c) and 1(d) of said original contract dated December
13, 1977,
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, the 1st Amendment
to the Contract dated June 16, 1980, and the Second Amendment to
the Contract dated August 18, 1981, 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 $124,000. Payment
for these services shall be as follows:
a. A partial payment of $33,000 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 $50,000 shall be made
upon completion of the preliminary design
of the project, approximately 180 calendar
days after commencing work.
c. A partial payment of $30,000 shall be made
upon completion of the final plans and speci-
fications for the project, approximately 270
calandar days after commencing work.
d. The balance of the fee in the amount of
$11,000 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. 5. 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:
0 City of Van Buren, Arkansas
By: 4 r.,_
ayor
ATTEST:"
City Clerk
ENGINEER:
Rogers sso�ciaates, Inc.!
)-S/
By: i li
Joh. N. '.gers, Jr., PresiJ= t
:C: L. Wei Secretary