HomeMy WebLinkAbout71A-88 RESOLUTION •
THE CITY OF FAYETTEVILLE,ARKANSAS SHERRY THOMAS,CITY CLERK
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March 8, 1990
7'/ fi _ 88 MICROFILMED
SCANNED
Due to an oversight and during change of personnel, there was no
resolution/ordinance drafted for the attached.
113 WEST MOUNTAIN 72701 501 575-8323
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R.W. BECK
AND ASSOCIATES
Denver National Bank Building,Suite 1900.1125 Seventeenth Street■Denver,Colorado 80202-2615
Telephone(303)295-6900■Fax(303)297-2811
CC-2412—ZA1—AA January 3, 1989
Mr. R. Michael Batie, P.E.
Director of Public Works
City of Fayetteville
113 West Mountain
Fayetteville, Arkansas 72701
Dear Michael :
Enclosed are three signed copies of the Contrast Assianrgint Aar t
sent t s by Weston. Please send us a copy of the agreement after signature
by the City.
Sincerely,
R. W. BECK AND ASSOCIATES
137A-
Robert J. Sc fish
Principal Engineer
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Enclosures
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RECEIVED
CITY CLERK'S OFFICE
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ASSIGNMENT OF TECHNICAL SERVICES AGREEMENT
The undersigned parties hereby agree to assign the ROY F. WESTON,
INC. Scope of Services Agreement (Incinerator Wind-Down) dated
July 29, 1988 and executed on August 15, 1988 by Mr. R. Michael
Batie, Director of Public Works and Mr. James L. Pennington, City
Manager of the City of Fayettville, Arkansas, to R. W. Beck and
Associates.
Transfer, herein, includes all scope of services originally
defined as Tasks I thru VIII specified in the ROY F. WESTON/City
of Fayettville Agreement dated July 29, 1988.
The City of Fayettville agrees to compensate ROY F. WESTON, INC.
for services performed in Task I in the amount of $11, 500. 00.
Upon payment of this amount and execution of this document, the
City of Fayettville and R. W. Beck and Associates agree to waive
and release ROY F. WESTON, INC. , to the extent permitted by law,
from the commitments contained in the Services Agreement dated
July 29, 1988. ROY F. WESTON, INC. certifies that there are no
outstanding claims or demands or rights to liens against ROY F.
WESTON or the City of Fayettville, as a result of the work
performed under the above stated Services Agreement.
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IN WITNESS WHEREOF, the undersigned have caused this instrument
to be executed on their behalf by duly authorized
representatives.
ROY F. WESTON, INC.
By: 1174203
Av,A ,
Date: / /0-ir
R. W. eck and socia s
By:
Date: -
City of Fayettvill
By: ;e
Date: 2. 20- ?:?
-2-
RECEIVED
R.W. BECK
CITY CLERK'S OFFICE AND ASSOCIATES
Denver National Bank Building,Suite 1900■1125 Seventeenth Street■Denver,Colorado 80202-2615
Telephone(303)295-6900■Fax(303)297-2811
4
• CC-2412—ZA1—AY
October 21 , 1988
Mr. R. Michael Batie, P.E.
• Director of Public Works
City of Fayetteville
113 West Mountain
Fayetteville, Arkansas 72701
Subject: Professional Services Agreement — Incinerator
Dear Mr. Batie:
Following is our proposed Professional Services Agreement which
incorporates acceptance of the assignment of Weston' s contract to R. W. Beck.
If it is acceptable, please return one signed copy to us. The second copy is
for your files.
R. W. Beck and Associates accepts the assignment from Weston of
Weston's rights, duties and obligations under Weston's Agreement, dated
July 29, 1988, with the City of Fayetteville and Beck agrees to perform the
obligations owned to Fayetteville which are related to Beck' s performance
under the Agreement.
For services furnished, Fayetteville (the "Client") shall pay
R. W. Beck and Associates, Consulting Engineer, upon submission of monthly
invoices, an amount equal to the actual hours of services furnished multiplied
by the product of the Consulting Engineer's established hourly salary costs,
which include allowance for personnel benefits, and a factor of 2.40.
In addition, the Client shall reimburse the Consulting Engineer at
cost for all out—of—pocket expense directly chargeable to the work; at cost
plus 10% for services of Special Consultants and Subcontractors; and at the
Consulting Engineer' s then current rates for computer and reproduction
services.
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Mr. R. Michael Batie -2- October 21 , 1988
Relating to Payment:
1 . The Consulting Engineer' s "Salary Costs" allow for basic salary and
personnel benefits, including: life, accident, disability and
medical insurance; sick leave, holiday and vacation pay; social
security, workers' compensation, unemployment compensation and
pension retirement contributions; and similar employment-related
costs. Basic salary per hour shall be twelve times current monthly
salary for employees or current monthly drawings in lieu of salary
for partners, exclusive of overtime, bonus or other profit
participation payments, divided by 2,080.
2. The Consulting Engineer' s Out-of-Pocket Expenses" are those
expenditures made by the Consulting Engineer, other than Salary
Costs, cost of reproduction and computer services and costs of
Special Consultants and Subcontractors, which are directly chargeable
to the project and which would not otherwise have been incurred.
Such expenditures include, but are not limited to, transportation,
lodging, subsistence, communications, liability and other insurance
premiums when required by the Client in addition to the types and
amounts currently carried by the Consulting Engineer, taxes other
than those levied on the profits or net income of the Consulting
Engineer, equipment rentals and repair, and special mailing, forms,
materials and supplies required during the progress of the work.
Reimbursement for out-of-pocket expenses shall be an amount equal to
the cost thereof.
3. "Computer services" as used herein shall mean the use of electronic
computing and information processing equipment, word processing
equipment, data communications equipment, computer software, and
related facilities and services of personnel necessary to operate and
maintain such equipment and facilities. "Reproduction services" as
used herein shall mean the use of printing and copying equipment,
photographic equipment, and similar facilities and services of
• personnel to operate and maintain such equipment and facilities.
Charges for computer and reproduction services shall be t the
Consulting Engineer' s established rates therefor which are in effect
at the time of such usage.
4. In event of the inability or failure of the Client to pay as agreed,
interest commencing sixty days after the date of invoice shall be
paid by the Client to the Consulting Engineer on the last day of each
month on all unpaid amounts due the Consulting Engineer at the
• interest rate for borrowed funds then currently available to the
Consulting Engineer at the Rainier National Bank of Seattle.
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Mr. R. Michael Batie —3— October 21 , 1988
Scope of Services
Task I. Initial Document Review and Analysis
A. Review contractor's claims and prepare summary of contract and
claim issues.
1
B. Prepare a preliminary listing of legal issues to be resoled
and submit to City and its attorney if needed.
C. Review to determine effect on basic contract.
1) Contract correspondence
2) Change orders
3) Contract revisions
4) Other documents
D. Analyze claim issues and identify within the contract what M.
K. Ferguson is entitled to on these claim issues.
E. Review work accomplished to date by R.F. Weston.
Task II. Joint Issues
A. City, Attorney, and Weston to meet and discuss results of work
accomplished to date. Exchange knowledge on claim issues and
reach mutual agreement on how to proceed.
B. Determine what additional documentation is needed to support
claim.
Task III. Detailed Analysis
A. Review and analyze contract drawings, specs, and other related
correspondence.
B. Determine the status of engineering accomplished including
level and extent of design work accomplished.
C. Determine the amount of work completed to date.
D. Conduct contract financial review, if needed.
E. Analyze M. K. Ferguson's escalation calculations.
Task IV. Joint Meeting
A. City, Attorney, and Weston to meet and discuss results of work
accomplished to date and determine course of action to be
taken toward resolving M. K. Ferguson claim.
Mr. R. Michael Batie —4— October 21 , 1988
Task V. Contract Audit Authorization
A. Develop audit plan. Determine what records need to be audited
and select audit team.
B. Make arrangements for audits to be performed at M. K.
• Ferguson's facility and/or at site.
C. Perform Financial Audit to determine actual costs by auditing
contractor/vendor's bid estimate to identify reasonableness,
estimated direct costs, indirect costs, and anticipated profit.
D. Audit records to determine actual field and home office
overheads.
Task VI. Physical Audit
A. Conduct a physical inventory of equipment and material at
contractor/vendor's facility on—site by the audit team.
B. Verify reported or claimed status of work for the following
areas:
1 . Engineering
2. Design
3. Procurement
4. Fabrication
5. Assembly
6. Testing
C. If needed, further analysis may be required of inspection
_ reports, shop schedules, etc.
Task VII. Summarize Audit Findings and Present Recommendations
A. Identify status and amount of work completed or amount of work
to be completed.
B. Amount to be paid M. K. Ferguson based on progress payments
vs. actual work completed.
C. Develop alternatives and recommendations for resolving claim.
• D. Develop recommendations for disposition of material and/or
equipment.
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Mr. R. Michael Batie —5— October 21 , 1988
Task VIII. Joint Meeting
A. Present results and recommendations to City and Attorneys.
B. Discuss alternatives available to City in settlement of claim.
C. Recommend acceptance or rejection of claim and settlement
offers by M. K. Ferguson.
PROJECT COST ESTIMATE
Labor Cost
Task I Initial Document Review and Analysis $ 9,300
Task II Joint Meeting 2,400
Task III Detailed Analysis 7,100
•
Task IV Joint Meeting 2,400
Task V Contract Audit 8,100
Task VI Physical Audit 800
Task VII Summarize and Present Findings 5,200
Task VIII Joint Meeting 2.400
Sub Total Labor $ 37,700
. Expenses—travel and subsistence,
Communications, Printing and
Reproductions 11 .500
its
TOTAL ESTIMATED COST $ 49,200
Payments for services performed by Weston are not included in Beck' s
estimated costs.
When costs incurred equal 75%e of the total estimated cost as set
• forth in the Agreement, the Consulting Engineer shall provide the City its
estimate of the total costs to complete all work required under the Scope of
Services. If the cost estimate exceeds the total estimated cost, the City may
either approve additional funds or reduce the level of effort. The Consulting
Engineer shall not be obligated to perform services for which the costs will
exceed the approved maximum amount.
Mr. R. Michael Batie -6- October 21 , 1988
The level of effort to complete the work scope described above is
difficult to estimate and the cost estimate we have made is based upon certain
assumptions. These are as follows:
1 . Information requested from M-K and subcontractors will be produced in
a timely manner.
2. We have not included provision for litigation in the course of
completing the work scope.
3. Joint meetings will be limited to those listed above.
4. Only one trip to Denmark to inspect boiler and grates will be needed.
Approved for Client Approved for CONSULTING ENGINEER
by: d by:
eao,lso Rob r J. Sch fish
Principal En 'neer
by:, by:
yy Kenneth C. O'Brien
Partner and Manager
Central Design Office
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