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HomeMy WebLinkAbout71A-88 RESOLUTION • THE CITY OF FAYETTEVILLE,ARKANSAS SHERRY THOMAS,CITY CLERK --qj/42.41=1-t.,Ca1b 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 t4 agile 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 RJS:Ief (0132+) " Q /P4L __ r Enclosures cc: s Don Fillis RECEIVED CITY CLERK'S OFFICE Austin,TX■110,ton,MA■(:Mambo.N E■I)enV r,CO•I ndian.gv In,IN•\1 mne.troli., .IN N.nhvdlc,TN Orlando,II.■I'h,rnis.AL■Siccuncnto,LA•2inttic,WA 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. v`) git; T- ° !::99/Q 0 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. Au$in, NIA•(dumhu,NE• )enver, Indi,m.q li.IN/Mmnc.q.,Ih, N.t,hvilk.TN■C)rl.0 j. R_■Ph,en".AZ■ti.ar m>Lnto,CA■Sortie,WA "• r t e C ` 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. Cn r 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. ç • c 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 RJS/KCO:bas (13 4c) U' 1