HomeMy WebLinkAbout61-88 RESOLUTION RESOLUTION NO. 61-88 SCANNED
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A CONTRACT WITH ROY F.
WESTON, INC. FOR ENGINEERING SERVICES NECES-
SARY TO UNWIND THE SOLID WASTE RESOURCE
RECOVERY PROJECT PROPOSED BY THE NORTHWEST
ARKANSAS RESOURCE RECOVERY AUTHORITY.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
That the Mayor and City Clerk are hereby authorized and
directed to execute a contract with Roy F. Weston, Inc. for
engineering services necessary to unwind the Solid Waste Resource
Recovery Project proposed by the Northwest Arkansas Resource
Recovery Authority. A copy of the contract authorized for
execution hereby is attached hereto marked Exhibit "A" and made a
part hereof .
PASSED AND APPROVED this 9th day of August , 1988 .
APPROVED
By:
M •yor 964tA44-11 -1
ATTEST
By:
C. y Clerk
' MICROFILM
WIFI
ROY F.WESTON,INC.
111- ni:Mil
355 MAIN STREET
ARMONK,NEW YORK 10504
PHONE:914-273 9840
MANAGERS DESIGNERS/CONSULTANTS
May 3 , 1989
Mr. Bob Kelly
City of Fayetteville
113 West Mountain
Fayetteville, Arkansas 72701
Re: Contract for Engineering Services
Incinerator Wind-down
Dear Mr. Kelly:
We are attaching a copy of the signed proposal which is the
Contract between the City and WESTON for the wind-down.
Please note that the markings on page 2 and page 4 of the proposal
concerning Phase 1 and Phase 2 were made by me for the purpose of
internal accounting here at WESTON. Phase 1 of the Contract was
to be a fixed-fee, whereas Phase 2 was to be a not-to-exceed
amount. The Contract was assigned to R.W. Beck before completion
of Phase 1. Therefore our invoice, which you have, is for less
than the fixed-fee amount.
We trust that this will provide you with sufficient information to
authorize payment of our invoice for $11, 500. Should you have
questions, please do not hesitate to call me.
Very truly yours,
,,S . /44)__:___.
RogerS. Hecklinger, P.E.
9 9 ,
RSH: ls
cc: William Boyd
RECEIVED
CITY CLERK'S OFFICE
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_ 355,yrr� ROY MAIN I�,ryl ARMONK,NEW YORK 10504
PHONE 914-273-9840
MANAGERS DESIGNERS/CONSULTANTS
i
July 29, 1988 c�ti+��;Lj �C ,
1 8 ;CQ�i
Mr. R. Michael Batie, P.E. -
Director of Public Works _
City of Fayetteville
113 West Mountain
Fayetteville, AK 72701
RE: Scope of Services
Incinerator Wind-Down
Dear Mr. Batie:
Thank you for your letter of July 21 notifying us that
WESTON has been selected to assist in the incinerator
wind-down program. We look forward to working with you on
this project.
The Scope of Services attached to your letter lists eight
separate tasks and a number of sub-tasks to be addressed
during the course of the wind-down. At this point, however,
we are not sufficiently familiar with the quantities and
types of material available for evaluation in Fayetteville;
nor are we sufficiently familiar with the Termination
Settlement Proposal submitted by MK-Ferguson. Therefore, it
is not possible to develop firm fees for the entire Scope of
Services.
It is possible to develop a firm fee for the initial tasks;
and we believe, that as more becomes known regarding the
quantity and complexity of material .to be evaluated, firm
fees can be developed for subsequent tasks.
Tasks I and II can be undertaken on a firm-fee basis. Our
work will include a trip to Fayetteville to review all
documents associated with the project. We will meet with
the individuals who have been involved with the project
locally and we will review the MK- Ferguson submittal. Our
findings will be summarized in a letter report and submitted
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11@EU 7 ^,1
C WSJ
Mr. R. Michael Batie, P.E.
July 29 , 1988
Page 2
/41
xl
to the City. As part of this initial work, we will return
to Fayetteville to meet with the City, and the City's legal
consultant to present our findings and determine what
additional documentation is required. Our fee for this work
is $14 , 600, including the expenses for two trips to Fayette-
ville.
The next logical step will be to meet with MK-Ferguson in N
Cleveland to review documentation available there as
outlined in Tasks III and IV. Our findings will be sum-
marized in a letter report to the City. This report will be k1
followed by a meeting with the City, and the City's legal
consultant to discuss our findings and determine the course
of action for the next phase. At this point, we cannot put
a firm dollar value on Tasks III and IV. We estimate that
this work could be accomplished for $5, 000 to $12 , 000
depending on complexity and completeness of the MK-Ferguson
submittal. This estimate anticipates one trip to Cleveland
(l and one trip to Fayetteville.
Task V of your Scope of Services entails development of an
audit plan and financial audits of MK-Ferguson and its
vendors. At this point, it is not possible to establish a
firm fee for this work. We estimate that the fee could
range from $5, 000 to $10, 000, including expenses.
Following the financial audit task, the Scope of Services,
anticipates a physical audit of equipment at factory sites
as Task VI. Since the number of sites to be audited is not
known at this time, it is impossible to develop a fixed fee
at this time. For example, it is not known if a trip to
Denmark will be required to audit the equipment that was
being manufactured there. Our best estimate is that this
work could be accomplished for a fee between $10, 000 and
$25, 000, including expenses.
Since the magnitude of the financial and physical audit
tasks (Tasks V and VI) are particularly difficult to pin
down prior to the time they are undertaken (with regard to
both man hours of effort and expenses) , it may be best to
I
(7- IIAILEMP4
Mr. R. Michael Batie, P.E.
July 29, 1988
Page 3
undertake this work on a hourly rate basis plus actual
expenses multiplied by a factor of 1 . 1. The hourly rates
for the individuals identified in our proposal letter of
June 24 are:
Charles 0. Velzy $170. 00
Roger S . Hecklinger $140. 00
Stephen G. Lewis $205. 00
Daniel J. Consessi $ 85 . 00
Norman P. Getz $ 75. 00
Technical Support $ 50. 00
If other individuals are identified for the audit process,
their hourly rate will be established prior to commencement
of work on the wind-down.
Once all of the paperwork has been reviewed, financial
audits made and physical audits completed, a final report
will be prepared. Since the magnitude of the work up to
this point is not clear, the fee for the final report cannot
be firmly established. However, we believe that the fee for
the final report and a final meeting at Fayetteville for
Tasks VII and VIII would not exceed $10, 000, including
expenses.
We are prepared to commence work on Tasks I and II based on
the fixed fee listed above. We believe our estimated fees
for the other work provide a sound basis for the City to
authorize funding for our engineering services during the
wind-down. We look forward to discussing this with you in
detail (perhaps in conjunction with Tasks I and II) .
We suggest that you authorize us to proceed on Tasks I and
II for a fixed fee of $14 , 600 in accord with the WESTON
GENERAL TERMS AND CONDITIONS which are attached. Our letter
. ,
•
1 ( WFSTON
Mr. R. Michael Batie, P.E.
July 29 , 1988
Page 4
report for Tasks I and II will include a fee for the ensuing
Task or Tasks. If you concur, your signature on this letter
will release us for Tasks I and II.
If you have any questions about this, please do not hesitate
to call .
Very truly yours,
/12-1S •
Roger S. Heckli ger, P.E.
RSH/li
Roy F. Weston, In( . is a�3tXiori‘ed to proceed on Tasks I and
II of th Incine for Wind-town./ / I(i�I
R,� Michael Batie, P.E. NN,_
/ /
Attachment
ROY F. WESTON, INC. , is authorized to proceed on the incinerator "wind-down"
on tasks specified in this letter under Weston's General Terms and Conditions
attached to this agreement. Total contract amount is not to exceed
$72,000.00.
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R. Michael Batie, Director of Public Works Pfvgst -2-
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�..m.,.. WESTON GENERAL TERMS AND CONDITIONS
( 1. It is understood that this Proposal is valid for a period of b. Expenses properly chargeable to the work which are -
Winery(90)days.Upon the expiration of that period of time or reimbursable at cost shall include: travel and subsis-
the delay or suspension of the services,WESTON reserves tence expenses of personnel when away from their
the right to review the proposed basis of payment and fees, office on business directly or indirectly connected with
to allow for changing costs,as well as to adjust the period of the Project;identifiable communication,shipping,print-
performance to conform to work loads.References herein to jng,and reproduction costs;professional and technical
-WESTON"are deemed to refer to Roy F.Weston,Inc.and to subcontractors; identifiable drafting and stenographic
its affiliates, subsidiaries, and officers, employees and supplies;computer time and software;and expendable
representatives of such companies. materials and supplies purchased specifically for the
• Project.A ten(10)percent handling and administrative
2. Invoices will be submitted periodically (customarily on a _ charge will be added to those foregoing items which are
monthly basis),and terms are net cash in U.S.dollars,due purchased from outside sources.When WESTON,sub-
and payable upon receipt of invoice.Unpaid balances shall sequent to initiation of services,finds that specialized
be subject to an additional charge at the rate of one (1.0) equipment is needed to perform the services, it will
percent per month from the date of invoice. In addition, purchase the equipment as a reimbursable expense.
WESTON may,after giving seven(7) days written notice to
end services without
CLIENT, suspend liabilityuntil the CLIENT c. Invoices for effort on a cost-reimbursement basis will
p be submitted showinglabor (hours worked) and total
has paid in full all amounts due WESTON on account of
services rendered and expenses incurred, including inter- expenses,but not actual documentation.If requested by
est on past-due invoices.Payment of invoices is not subject CLIENT, documentation will be provided at the cost of
to discounting by CLIENT.Time is of the essence in payment providing such documentation, including labor and
of invoices, and timely payment is a material part of the copying costs.
consideration of any Agreement between WESTON and 5. No termination of this Project by the CLIENT shall be effec-
CLIENT. Live unless seven days written notice of intent to terminate,
together with the reasons and details therefor, has been
3. Unless the Proposal provides otherwise,the proposed fees received by a principal or officer of WESTON and an oppor-
constitute WESTON's estimate of the effort and charges tunity for consultation been given. A final invoice will be
required to complete the Project as we understand it to be calculated on the first or fifteenth of the month (whichever
defined.For those projects involving conceptual or process comes first)following receipt of such termination notice and
development work,activities often are not fully definable in the elapse of the seven day period (the effective date of
( the initial planning.In any event,as the project progresses, termination).
the facts developed may dictate a change in direction,addi-
tional effort or suspension in effort, which may alter the Either WESTON or the CLIENT may terminate any Agree-
scope. WESTON will inform the CLIENT of such situations ment,in whole or in part,in writing,if the other party substan-
so that negotiation of change in scope and adjustment to the tially fails to fulfill its obligations under the Agreement
time of performance can be accomplished as required. If through no fault of the terminating party. Where method of
such change, additional effort, or suspension of effort contract payment is "lump sum," the final invoice will
results in an increase or decrease in the cost of or time include all services and expenses associated with the Pro-
required for performance of the services, whether or not ject up to the effective date of termination.Where method of
changed by any order, an equitable adjustment shall be contract payment is based on cost reimbursement,the final
made and the Agreement modified accordingly. invoice will include all services and expenses associated
with the project up to the effective date of termination.In any
Costs and schedule commitments shall be subject to re- event,an equitable adjustment shall be made to provide for
negotiation for unreasonable delays caused by the CLIENT's termination settlement costs WESTON incurs relating to
failure to provide specified facilities or information, or for commitments which had become firm before termination,
' delays caused by unpredictable occurrences or force and for a reasonable profit for services performed.
majeure,such as fires,floods,riots,strikes,unavailability of
labor or materials,delays or defaults by suppliers of mate- 6. WESTON will serve as the professional representative of
rials or services, process shutdown, acts of God or of the CLIENT as defined by this Proposal or under any Agreement
public enemy, or acts or regulations of any governmental and will provide advice, consultation and services to the
agency. Temporary work stoppage caused by any of the CLIENT in accordance with generally accepted proles
above will result in additional cost (reflecting a change in sional practice. Therefore, estimates of cost, approvals,
scope) beyond that outlined in this proposal. recommendations,opinions,and decisions by WESTON are
made on the basis of WESTON's experience,qualifications,
4. Where the method of contract payment is based on a cost and professional judgment.WESTON makes no warranty or
reimbursement(i.e.hourly rates or time-and-material)basis, guarantee, express or implied, regarding the services or
the following provisions shall apply: work to be provided under this Proposal or any related
a. The minimum time segment for charging of field work is Agreement. Notwithstanding any other provision of these
General Terms and Conditions,and unless otherwise sub-
four(4)hours.The minimum time segment for charging ject to a greater limitation,WESTON's liability to the CLIENT
the work done at any of WESTON's offices is one-half for any loss or damage,including,but not limited to,special
hour.Where applicable, rental charges will be applied and consequential damages,arising out of or in connection
to the Project to cover the cost of pilot scale facilities or with this Proposal or any related Agreement from any cause,
equipment, apparatus, instrumentation, or other tech- including WESTON's professional negligence, errors or
nical machinery. When such charges are applicable, omissions shall not exceed the greater of$50,000 or the total
the CLIENT will be advised at the start of an assignment, compensation received by WESTON hereunder, and
task, or phase. Analyses performed in WESTON's la- CLIENT hereby releases WESTON from any liability above
boratories will be billed on a unit-cost-per-analysis such amount. -• -
basis unless specified otherwise in the proposal.
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•
7. WESTON agrees to purchase at its own expense,Worker's designates in writing to be "CONFIDENTIAL" The provi-
CCompensation insurance,Comprehensive General Liability sions of this paragraph shall not apply to information in insurance,and Engineer's Professional Liability insurance whatever form which (1) is published or comes into the
and will, upon request, furnish insurance certificates to public domain through no fault of WESTON,(2)is furnished -
CLIENT. WESTON agrees to indemnify CLIENT for the by or obtained from a third party who is under no obligation
• hazards covered by WESTON's insurance subject to the to keep the information confidential,or(3)is required to be
limitation of liability contained in Section 6.WESTON agrees disclosed by law on order of a court,administrative agency
to purchase whatever additional insurance is requested by or other authority with proper jurisdiction.
CLIENT(presuming such insurance is available,from carri-
ers acceptable to WESTON)provided the premiums for addi- . CLIENT agrees that WESTON may use and publish CLIENT's
tional insurance are reimbursed by CLIENT. name and a general description of WESTON's services with
• respect to the Project in describing WESTON's experience
-8. It is understood and agreed that,in seeking the professional and qualifications to other clients or potential clients.
services of WESTON under this Agreement CLIENT may be 12. All documents,including drawings and specifications,pre-
requesting WESTON to undertake uninsurable obligationspared or furnished by WESTON(and WESTON's independ
• for CLIENT s benefits involving the presence or potential ent professional associates, consultants and subcontrac-
presence of hazardous substances. Therefore except for tors)pursuant to this Agreement are instruments of service
activities relating to hazardous waste disposal, cleanup or in respect of the Project and WESTON shall retain an
environmental liability including specification of a product, ownership and property interest therein whether or not the
material or process containing asbestos; failure to detect
the existence or proportion of asbestos in a product,mate- Project is completed.CLIENT may make and retain copies
rial or process;the abatement,replacement or removal of a
for information and reference in connection with the Project
product,material or process containing asbestos;and also however,such documents are not intended or representec
except for activities resulting in the actual,alleged or threat to be suitable for reuse by CLIENT or others on extensions of
•• ened discharge,dispersal,release or escape of pollutants the Project or on any other project.Any reuse without written
("pollutants"meaning any solid, liquid,gaseous or thermal verification or adaptation by WESTON for the specific hpur-
oot
• irritant or contaminant,including smoke,vapor,soot,fumes, pose intended will be at CLIENT's sole risk and without
acids, alkalis, chemicals, waste and waste materials to be liability or legal exposure to WESTON, or to WESTON's
independent professional associates, consultants or sub-
recycled, reconditioned or reclaimed) (which exposure is contractors,and CLIENT shall indemnify and hold harmless
excluded from WESTON's insurance coverage) WESTON WESTON and WESTON's independent professional asso-
shall indemnify the CLIENT for any loss or damage solely ciates, consultants and subcontractors from any and all
caused by the professional negligence,errors or omissions costs, expenses, fees, losses, claims, demands, liabilities.
of WESTON in performance of the services under this Pro-
posal or any related Agreement, subject to the limitation of suits, actions and damages whatsoever arising out of or
liability contained in Section 6. resulting therefrom.Any such verification or adaptation will
entitle WESTON to further compensation at rates to be
9. With respect to claims, damages, losses and expenses agreed upon by CLIENT and WESTON.
which are related to hazardous waste disposal or cleanup or 13. To the extent they are inconsistent or contradictory,express
environmental liability,as described in Section 8,and to the terms of this Proposal take precedence over these General
extent the same are not covered by the insurance main- Terms and Conditions.It is understood and agreed that the
tained by WESTON described in Section 7,CLIENT shall,to services or work performed under this Proposal or any
the extent permitted by law, defend, indemnify and hold Agreement are not subject to any provision of any Uniform
harmless WESTON and its employees,independent profes- Commercial Code. Any terms and conditions set forth in
sional associates,consultants and subcontractors from and CLIENT's purchase order, requisition, or other notice or
against all such claims, damages, losses and expenses authorization to proceed are inapplicable to the services
arising out of or resulting from the performance of the WES- under this Proposal or any related Agreement,except when
TON services under this Agreement including, but not specifically provided for in full on the face of such purchase
limited to, WESTON's professional negligence, errors or order,reguisition,or notice or authorization and specifically
omissions. CLIENT agrees to name WESTON and WES- accepted in writing by WESTON. WESTON's acknowl-
- independent professional associates, consultants of receipt of edgement
• and subcontractors as additional insureds under all insu- g P any purchase order, requisition,
notice or authorization or WESTON's performance of work _
ranee policies and bonds carried by CLIENT with respect to
subsequent to receipt thereof does not constitute accep-
the Project tance of any terms or conditions other than those set forth
•
10. CLIENT shall not offer to employ or employ any WESTON herein.
employee assigned to the Project during the term of this 14. The technical and pricing information contained in this
Proposal or any Agreement or for a period of six months after proposal or Agreement is to be considered Confidential and
completion of the services or Project under this Proposal or Proprietary and is not to be disclosed or otherwise made
any Agreement. available to third parties without the express written consent
11. WESTON shall maintain as confidential and not disclose to of WESTON.
others without CLIENT's prior written consent,all informa- 15. This Agreement is to be governed by and construed in
tion obtained from CLIENT,not otherwise previously known accordance with the law of the principal place of business of
to WESTON or in the public domain,as CLIENT expressly WESTON.
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ECEIVED
CITY C1RK'S OFFICE
R.W. BECK
AND ASSOCIATES
mommommommimmimm
Denver National Bank Building,Suite 1900■ 1 125 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 S
Subject: Professional Services Agreement - Incinerator IA
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
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.TX■li•.n ar,MA■C.Iumbu,NE■I knver,11)• dn,IN.V rnncar dl.,MN
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Mr. R. Michael Batie (
C-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.
(
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.
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.
C f
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.
( (
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
TOTAL ESTIMATED COST $ 49,200
Payments for services performed by Weston are not included in Beck' s
estimated costs.
When costs incurred equal 75% 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: da& by:
Cayato Rob r J. Sch fish
Principal En 'neer
byL. -=/ by:
ry Kenneth C. O'Brien
Partner and Manager
Central Design Office
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MINUTES OF A SPECIAL MEETING OF THE CITY ] 4//t/C1
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A special meeting of the Fayetteville City Bo. ..���
Wednesday, September 28, 1988 at 8:30 a.m. in the Ci" ( , n^1
113 West Mountain Street. �t1 V�"`�
PRESENT: Mayor Johnson; Directors Lancaster, Mt7;;;)Ui(2.
Pennington, City Clerk McWethy, membe:
ABSENT: Directors Kelley, Marinoni and Bumpas: rmA,Be5/611"/IAT,
The meeting was called to order by the Mayor, with tour Directors present, for 301.1
the purpose of considering a resolution authorizing approval of a contract to
provide engineering consultant services in connection with the wind-down of the
• resource recovery project; and for consideration of the award of bid for
construction of improvements to Appleby Road.
ENGINEER ASSIGNMENT
The Mayor introduced consideration of a resolution authorizing a contract with an 301.2
engineer for services connected with the disengagement from the solid waste
project.
City Manager Pennington said that, since the last meeting, serious negotiations 301.3
with engineers Roy Weston have taken place in an attempt to get away from the
conflict of interest issue which that firm was found to have with M-K Ferguson,
contractor for the incinerator project. He told the Board his second choice of
an engineer had been R. W. Beck. He said that, in talking with the City Attorney
and the Attorney for the incinerator disengagement process, it appears that Roy
Weston will assign their contract to R. W. Beck and transmit to them all
information they have to this point, so the City doesn't lose anything and
doesn't lose any time. He asked the Board for a motion to approve the assignment
by Roy Weston to R. W. Beck.
Director Lancaster, seconded by Martin, moved to approve the assignment. 301.4
The City Manager said there would be no increase in cost due to this action. 301.5
Director Martin asked the City Manager if he felt the City would get an adequate 301.6
job in light of the fact that Beck was not our first choice. Pennington said the
four engineering companies he originally considered were all highly qualified..
Martin asked if any time had been lost in the process. Pennington said that 301:7
probably two or three weeks time had been lost. He said the City could not
afford to lose time. He said boilers were sitting in Denmark and the City has to
make a decision on what to do with them in the next week, whether to sell or
store them.
J �
September 28, 1988
302.1 Upon roll call, the motion passed, 4-0.
BID AWARD/APPLEBY ROAD
302.2 The Mayor introduced consideration of the award of bid for improvements to
Appleby Road. She said the City Engineer recommended the award of bid to the
lower of two bidders, Sweetser Construction Company, bidding concrete on a
prepared subgrade and a 2" gravel drainage blanket. It was reported the low bid
was $229,913.35, with $238,000 being budgeted for the project.
302.3 Director Martin asked what Milholland Engineers' involvement was in this project.
City Manager Pennington explained the firm was the design engineer. Martin asked
if there had been any exceptions to the bid specifications by either bidder.
Pennington said the staff made sure that bids were sought for either asphalt or
concrete surface.
302.4 Director Martin, seconded by Hess, moved to approve the award of bid to the low
bidder, Jerry Sweetser Construction Company. Upon roll call, the motion passed,
4-0.
ADJOURNMENT
302.5 The meeting was adjourned at about 8:50 a.m.
MINUTES OF SPECIAL MEETING OF CITY BOARD OF DIRECTORS
A special meeting of the Fayetteville City Board of Directors was held on
Tuesday, August 9, 1988 at 8:30 a.m. in Room 326 of the City Administration
Building, 113 W. Mountain Street, Fayetteville, Arkansas.
PRESENT: Mayor Johnson; Directors Kelley, Hess, Lancaster and Martin; City
Manager Pennington, Assistant City Manager Linebaugh, City
Attorney McCord, City Clerk Kennedy, members of the staff, press
and audience
ABSENT: Directors Marinoni and Bumpass
CALL TO ORDER
The meeting was called to order by the Mayor with five Directors present. 260.1
ENGINEERING CONTRACT
The Mayor told the Board the meeting was called for the purpose of considering a 260.2
resolution authorizing approval of a contract with Roy F. Weston, Inc. to provide
engineering consultant services in connection with the wind-down of the resource
recovery project.
Director Hess, referring to item 4 (of services to be completed by the firm) , 260.3
"conduct a physical inventory of equipment and material at the
contractors/vendors facility and report the status. . .", asked if that item would
require traveling and who would pay the travel expenses. City Manager Pennington
said the city would have to pay for travel as part of the contract, whether it be
for city staff, attorneys or engineer.
Director Hess asked if the not-to-exceed figure of $72,000 was excluding travel 260.4
expenses. Pennington said the figure would include travel expenses. He said the
actual cost could range anywhere from $33,000-$72,000, depending on how in-depth
the.study will be.
Director Martin, seconded by Hess, moved approval of the resolution. Upon roll 260.5
call, the motion passed, 5-0.
RESOLUTION NO. 61-88 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK
ADJ
OURNMENT
The meeting adjourned at approximately 8:39 a.m. 260.6
- . we cnr viesroA! AGe�' 1
R.W. BECK
eer
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 CaticamitiwAssiannant AareEment
sent t by Wes�'l. Please send us a copy of the agreement after signature
by they.
Sincerely,
R. W. BECK AND ASSOCIATES
Robert J. Sc fish
Principal Engineer
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Enclosures44Low„,
cc: Don Fillis
• Austin,TX■Boston,MA•(Ambits,NE■Denver,CO■Indianapolis,IN•Minneapolis,MN
Nshvillc,TN■Orlando,FL•Phoenix,AZ■Sacn,ttnnno,CA•Seattle,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 commit ents contained in the Services Agreement rlater7
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.
0k 31
•
•
IN WITNESS WHEREOF, the undersigned have caused this instrument
to be executed on their behalf by duly authorized
representatives.
ROY F. WESTON, INC.
By: .�_
Date: A/M/ fr.
R. W./ peck and socia s
By: ,I —
Date: -
City of Fayettvill
By: ?e
Date: 2- 20-
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402518
080!`90 _ BECK , R . W . 40"-319
ACCOUNT NUMBER! AMOUNT DATE REFERENCE INVOICE AMOUNT AND RETURN DISCOUNT NET AMOUNT
5500001 ;0000 20 ,790 . 68-1.20e 20 ,790 . 68 20 , /Y0 . 68
12/1 /88 ! $20790 . 60
CITY OF FAYETTEVILLE, FAYETTEVILLE, ARKANSAS 72701
FIRST NATIONAL BANK THIS CHECK MUST BE PRESENTED WITHIN BO DAYS FROM DATE
FAYETTEViLLE,ARKANSAS CITY OF FAYETTEVILLE
FAYETTEVILLE, ARKANSAS SANITATION OPERATION NO. 402518
AND MAINTENANCE FUND
PAY EXACTLY* ****20790**DOLLARS**68**CENTS
PAY TO THE ORDER OF DATE NET AMOUNT
DECK , R , W , 12/13/86 $20790 . 68
r60 2 5 18e 1:08 2900898M: 9009 30694° NONbEGOTIABLE
OB0990 BECK , R . 41 , 402537
402537
ACCOUNT NUMBER AMOUNT DATE REFERENCE INVOICE AMOUNT AND RETURN! DISCOUNT NET AMOUNT
55d0001. 10000 ,711 . 2 ! 1221 Cf3-06 15 ,71 I . 2 1:• , /1 1 . 1:c
12/2 /88 $15711 . 22
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CITY OF FAYETTEVILLE, FAYETTEVILLE, ARKANSAS 72701
:! FIRST NATIONAL BANK THIS CHECK MUST BE PRESENTED WITHIN 60 DAYS FROM DATE ',�
II fAYETTCITY OF FAYETTEVILLE
EYILLE.AHKANSAS 1; FAYETTEVILLE, ARKANSAS % .I'
r SANITATION OPERATION NO. 4 0 2 5 3
AND MAINTENANCE FUND
PAY EXACTLY* ****15711**DOLLARS**22**CENTS
t PAY TO THE ORDER OF DATE NET AMOUNT
I i BECK , R . W . 12/27/S8 $15711 , 22
DENVER NAT BANK BLDG - .
! 1125 17TH ST , SUITE 1900
DENVER CO B0202-2615 ;I
i
ill M'40 25 370 i:08 2 9008 981: 9009301.9r NONIEGOTIABLE
402628
O80990 BEC ij 'R .W 402628
ACCOUNT NUMBER AMOUNT DATE REFERENCE INVOICE AMOUNT AND RETURN DISCOUNT NET AMOUNT
.,,e•r:
,4OOQ 1 10000 7 ,049 . 04 0309 7 ,049 . 04 7 ,049 . 04
C /2B/89 $Y049 . 04
CITY OF FAYETTEVILLE, FAYETTEVILLE, ARKANSAS 72701
•
FIRST NATIONAL BANK THIS CHECK MUST BE PRESENTED WITHIN 60 DAYS FROM DATE
FAYETTEVILLE.ARKANSAS CITY OF FAYETTEVILLE
FAYETTEVILLE, ARKANSAS �j
SANITATION OPERATION NO. 40 26 2 8
AND MAINTENANCE FUND
PAY EXACTLY* *****7049**DOLLARS**04**CENTS
PAY TO THE ORDER OF DATE NET AMOUNT
BECK , R.W. 3/28/89 $7049 , 04
DENVER NAT BANK BLDG
1125 17TH ST , SUITE 1900
DENVER CO 80202-2615
Ldi
1140 26 28, I:08 22900898s: 90093069w NONIIEGOTIABLE
.OEO9:0. Ec• i.K k . ?,J . 40: � �; 402654
ACCOUNT NUMBER AMOUNT DATE REFERENCE INVOICE AMOUNT AND RETURN DISCOUNT NET AMOUNT
G,. . .': .'
CITY OF FAYETTEVILLE, FAYETTEVILLE, ARKANSAS 72701
FIRST NATIONAL BANK THIS CHECK MUST BE PRESENTED WITHIN 60 DAYS FROM DATE
FAYETTEVILLE ARKANSAS CITY OF FAYETTEVILLE
FAYETTEVILLE. ARKANSAS
SANITATION OPERATION NO. 402654
AND MAINTENANCE FUND
PAY EXACTLY* *******93**DOLLARS**33**CENTI3 J
PAY TO THE ORDER OF DATE NET AMOUNT
BECK , R ,W 4/25/85'
DENVER NAT BANK t3LUU
1125 17T H ST , SUITE: 1900
tTr r.ir r("R Co 80702-261
r'40 26 SI.r I:08 29008984: 9009 3069e NONNEGOTIABLE
