HomeMy WebLinkAbout55-84 RESOLUTIONRESOLUTION NO. 55-84,
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE A CONTRACT WITH NTE TRANSIT. MANAGEMENT
AND CONSULTING C017'INC.TFOR MANAGEMENT OF THE CITY
SHOP.
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 NTE Transit,Management
and Consulting Co., Inc. for the management of the City Shop.
A copy of the contract authorized for execution hereby is
attached hereto, marked Exhibit "A", and made a part hereof.
•
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PASSED AND APPROVED this 17th day of April, 1984.
APPROVED:
By:61-SelY
Mayor
••••
MANAGEMENT AND ADVISORY AGREEMENT
T IS AGREEMENT, is made and entered into the /74k -day of
19 If , by and between the City of Fayetteville,
Arkan s (hereinafter referred to as "CITY"), a municipal
corporation, appearing herein through its Mayor who is duly
authorized to act in these presents, and NTE Transit Management
& Consulting Co. Inc. (hereinafter referred to as "NTE"), a
Texas corporation appearing herein by its duly authorized re-
presentative.
WITNESSETH
WHEREAS, the CITY has determined that it requires the man-
agement, consulting and advisory services of a professional
management company for the Maintenance Department owned and
operated by the CITY in its area of municipal jurisdiction; and
WHEREAS, the undersigned officer of the CITY is authorized
to enter into a contract for these services with an appropriate,
qualified management company, and
WHEREAS, NTE is engaged in the business of providing manage-
ment and advisory services for municipal departmental operations
and has trained, experienced personnel available for that pur-
pose, and is desirous of providing management and advisory ser-
vices to the CITY; and
WHEREAS, the CITY has reviewed the qualifications of NTE
and determined that NTE is qualified to provide the desired
services, and has also determined that employment of NTE on the
terms and conditions herein stated would serve the -best inter-
ests and welfare of the CITY,
NOW THEREFORE, in consideration of the foregoing and the
covenants hereinafter set forth, the CITY and NTE agree as
follows:
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The CITY shall and does hereby engage NTE to provide day-
to-day management, direction, and supervision and to consult
with and advise the City Manager and his designees with respect
to management of the Maintenance Department operated by the
City of Fayetteville, Arkansas. Such management service, con-
sultation and advice shall be given, received and paid for on
the following terms and conditions.
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NTE will furnish a full-time, diligent, qualified profes-
sional person to serve as Coordinator of Maintenance Operations
(hereinafter referred to as "Manager") in the CITY. The duties
of the Manager shall be to manage, direct and supervise the
day-to-day operation and to consult and advise the City Manager
and his designees regarding the management of the Maintenance
Department. The Manager shall be subject to the direction and
control of the City Manager of the City of Fayetteville and at
all times shall operate in compliance with applicable regula-
tions and procedures which are not in conflict with federal,
state and local laws.
The initial appointment of the Manager will be made with
the advice and consent of the CITY. It is specifically under-
stood and agreed that in the event the Manager so assigned is
proven to be incapable of performing his duties in a manner
acceptable to the CITY, then NTE will be so notified by the
CITY, and a successor, acceptable to the CITY, will be designated
and assigned at no additional cost to the CITY.
111
In addition to furnishing a Manager, NTE will furnish such
executive consulting personnel and technical personnel as may
be reasonably required during the term of this agreement to
provide suitable and satisfactory management, supervisory and
consulting services. These executive and technical personnel
shall provide services including but not limited to, the
following:
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(a) Consultation with the City Manager or his
staff regarding supervision of maintenance
personnel, including the Superintendent of
the Maintenance Department.
(b) Assistance in the recruiting and training
of sufficient personnel
(c) Maintenance of personnel training programs.
(d) Maintenance of appropriate maintenance and
and repair records.
(e) Establishment and implementation of a viable
preventive maintenance and equipment repair
program.
(f) Maintenance of equipment and facilities.
(g) Establishment and maintenance of inventory
control, parts ordering, stock levels, and
outside repair procedures.
(h) Assistance in development of equipment
specifications.
(i) Guidance on purchases of capital and opera-
ting supplies.
(j)
Monitoring of maintenance policies and pro-
cedures, and recommending and implementing
changes as appropriate.
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(k) Recommendations on the rates to be charged
by the department.
(1) Establishing and maintaining an appropriate
image.
Whenever necessary and practical, the CITY will allow NTE
use of the services of its existing departments. The consulting
services provided by NTE, however, will in no way interfere with
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:the CITY's right to utilize any of its own departments or
personnel.
IV
NTE, at its sole cost and expense, shall furnish to CITY
all necessary fidelity and surety bonds to protect, save, hold
harmless and indemnify CITY from and against dishonesty, fraud
or theft occasioned by an officer, agent, or employee of NTE.
Coverage of each such employees shall be in an amount not less
than One Hundred Thousand Dollars ($100/000.00).
V
CITY agrees to indemnify NTE for any civil liability,
except tort liability, which NTE may suffer as a result of
judgments against it arising from performance of this contract;
provided, CITY shall not be liable for any punitive damages
assessed against NTE, and CITY shall not be liable for legal
fees, costs and expenses incurred by, or assessed against, NTE.
CITY shall have tort immunity as provided by Ark. Stat. Ann.
§12-2901. NTE shall be named as a coinsured under CITY's
motor vehicle liability insurance policy.
VI
In the performance of this contract and agreement, NTE
shall not discriminate against any individual with respect to
compensation terms or privileges of employment by reason of
such individual's race, color, religion, sex, or national
origin.
VII
NTE warrants and represents that it has no interests, direct
or indirect, which conflict with its efficient, diligent and
faithful performance of the terms of this contract and agreement,
and it shall not acquire any such interests during the term of
this agreement.
VIII
NTE, its officers, agents and employess shall maintain
close contact and cooperation with the CITY through the City
Manager or his designee, and shall furnish to said person such
regular reports on the operations of the Maintenance Department
as may be required.
IX
NTE shall assist with the preparation and submission of
a budget for the operation of the Maintenance Department for
the same fiscal year on which the CITY operates. Such proposed
budget shall be prepared and submitted with a schedule approved
by the City Manager or duly authorized representative. The
proposed budget shall conform with all accounting procedures
established by CITY.
X
All services rendered by NTE under this Agreement shall be
subject to the reasonable supervision and control of the CITY.
NTE shall make recommendations, or the CITY may request infor-
mation or recommendations, as to any areas of operation which
are deemed appropriate and proper, but the decision of the CITY
shall be binding and final in regards thereto.
XI
This Agreement may not be assigned, transferred, hypothe-
cated, or pledged by NTE without prior written consent of the
CITY.
XII
This Agreement shall be effective for the period of
May 1, 1984 through April 30, 1985. It may be extended for the
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period of May 1, 1985 through April 30, 1986 at the option of the
CITY. Further, it may be renewed on an annual basis thereafter
with the mutual consent of the parties..
As compensation for the services performed under this
Agreement, CITY shall pay NTE as follows:
(a) A lump sum of $8,004.00 upon the execution
of this Agreement.
(b) A monthly fee of $2,833.00 during the period
beginning on the first day of this Agreement
and continuing through April 30, 1985.
r(c) A monthly fee of $2,833.00 during the optional
period beginning on the first of May, 1985
and continuing through April 30, 1986.
(d) During any subsequent renewal period or periods,
such fee as shall be mutually agreeable to
the CITY and NTE.
(e) Additionally, during the optional period of
May 1, 1985 through April 30, 1986 and any
subsequent renewal period or periods, the
CITY shall reimburse NTE for travel and sub-
sistence expenses incurred by non-resident
personnel while performing work for the CITY,
billed at cost and fully documented, provided
however, that such reimbursement shall not
exceed One Thousand Five Hundred Dollars
during any such one year period without prior
written approval of the CITY.
(f) NTE will submit an invoice to CITY for services
performed under this Agreement on the 15th day
of each month. Payment will be made by CITY
to NTE on or before the end of each month.
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XIV
CITY agrees to furnish to NTE all necessary offices, office
furniture, equipment, materials, supplies, rolling stock,
maintenance and storage facilities, and equipment which may be
required in the performance of this Agreement.
XV
In the event of default for nonperformance hereunder by
either party, the non -defaulting party will give the defaulting
party written notice of the event of default, setting forth the
facts of default in reasonable detail. Following receipt of
such notice, the defaulting party shall have thirty (30) days
in which to remedy the default (or in case of defaults which
require a longer period to remedy, to commence upon such remedy
within said thirty (30) day period and thereafter to diligently
proceed with the same to completion). If the defaulting party
shall fail to timely remedy the default, or commence the appro-
priate remedy, then this Agreement may be terminated at the option
of the non -defaulting party. This Agreement will also be ter-
minable by the CITY, at its option, if NTE is adjudicated a
bankrupt, or subjected to insolvency or other bankruptcy pro-
ceedings or is subjected to the appointment of a receiver, or
becomes insolvent, or for a period of sixty (60) days is unable
to pay its debts as the same mature.
XVI
NTE will nermit the authorized representative of the CITY
to inspect and audit all data and records relating to perfor-
mance under the contract.
A. Notice to NTE means notice in writing addressed to the
President of NTE and mailed or delivered to its principal office
in the State of Texas.
B. Notice to CITY means notice in writing addressed to City
Manager of the CITY and mailed or delivered to the office of
City Manager.
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Should any part of this agreement be declared to be uncon-
stitutional, invalid or beyond the authority of either party,
such decision will not affect the validity of the remainder of
this Agreement, which will continue in full force and effect.
XIX
This contract shall be governed and interpreted by the laws
of the State of Arkansas.
XX
This contract contains the entire understanding of the parties
and may not be modified or amended by oral agreement.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by their duly authorized representatives.
This Agreement will enure to and be binding on the successor
or assigns of the respective parties.
WITNESSES:
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CITY OF FAYETTEVILLE, ARKANSAS
By
Its L-Inaci
THUS DONE AND SIGNED before me,
a Notary Public duly commissioned andqua1ified2ifl and for the
County of Washington. State of Arkansas, therein residing and in
the presence of the witnesses hereinabove named and undersigned
onCtifia, the /1441-- day of 19 FL[
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YNe,„
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Notary Publ
- 90
STATE OF ARKANSAS
COUNTY OF WASHINGTON
X
NTE TRANSIT MANAGEMENT &
CONSULTING CO., INC.
This : strument was acynowledged
a
day of /..'ye./ by
of NTE TRANSIT MANAGEMENT & CONSULTING
on behalf of said corporation.
fore me the
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11
INSURANCE
ISSUE DATE (MMAXVYY)
4-9-85
PRODUCER
Wm. Rigg Company
444 West 7th Street
Fort Worth, Texas 76102
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
amr A Hartford Insurance Company
INSURED
NTE Transit Management &
Consulting Co., Inc.
P. 0. Box 24006
Fort Worth, Texas 76112
1.2121Mij
COMPANY or.
LMMM n US Fire Insurance Company
COMPANY c
LETTER
COMPANY D
LETTER
COMPANY c
LETTER m=
THIS IS TO CERTIFY THAT POUCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU. THE TERMS, EXCLUSIONS, AND CONDI-_
TIONS OF SUCH POLICIES. -7
CO
LTR
TYPE OF INSURANCE
POUCY NUMBER
POLICY EFFECTIVE
DATE (MWDDA0)
POLICY ESIPATION
DATE PAWCONY)
LIABIUTY UMITS IN THOUSANDS
EACH AGGREGAM
MWMENCE
A
GENERAL LIABILITY
ICOMPREHENSIVE FORM
i PREMISES/OPERATIONS
UNDERGROUND
EXPLOSION Si COLLAPSE HAZARD
1 PRODUCTS/COMPLETED OPERATIONS
-R CONTRACTUAL
INDEPENDENT CONTRACTORS
---,
IBROAD FORM PROPERTY DAMAGE
PERSONAL INJURY
46CWD8689
4-1-85
4-1-86
BODILY $
INJURY
PROPERTY @
DAMAGE iS
el & PD
COMBINED $ 500
$500
PERSONAL INJURY
$500
AUTOMOBILE LIABILITY
A ANY AUTO
ALL OWNED AUTOS (PRIV. PASS.)
ALL OWNED AUTOS (NrpTAHAN)
_X HIRED AUTOS
X NON-OVVNED AUTOS
GARAGE LIABILTIY
46CWD8689
4-1-85 4-1-86
MOLY
%AIRY
(FEB PERSON}
$250
nay
MORT
(PER ACCIDOTI)
$500
PROPERTY
DAMAGE
$100
BI & PD
COMBINED
WORKERSCOMPENSATION
AND
EMPLOYERS' LIABILITY
STATUTORY
renewal of 46WECHV7561 4-01-85 4-01-86 [--
(EACH ACCIDENT)
(DI EASE -POLICY LIMIT)
(DISEASE -EACH EMPLOYEE)
TMTloyee
Dishonesty Bond
600 045962 4
4-26-85
4-26-86
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS
City of Fayetteville, Arkansas is
interest in work performed by the
$100,000 agree.
$1 nnn An/Turf-Me.
additional insured as respects their
insured.
CERTIFICATEHOLDER
City of Fayetteville, Arkansas
ACORD.254(2/8411
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX.
PIRATIEM DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL v DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHOR. R NTATIVE
Bill Meadows
IIR/ACORD CORPORATION 1984
EXCESS
UABIUTY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM - '
.." ...- -. .
...
BISPD T
COMBINED
id,
41
$
WORKERSCOMPENSATION
AND
EMPLOYERS' LIABILITY
STATUTORY
renewal of 46WECHV7561 4-01-85 4-01-86 [--
(EACH ACCIDENT)
(DI EASE -POLICY LIMIT)
(DISEASE -EACH EMPLOYEE)
TMTloyee
Dishonesty Bond
600 045962 4
4-26-85
4-26-86
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS
City of Fayetteville, Arkansas is
interest in work performed by the
$100,000 agree.
$1 nnn An/Turf-Me.
additional insured as respects their
insured.
CERTIFICATEHOLDER
City of Fayetteville, Arkansas
ACORD.254(2/8411
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX.
PIRATIEM DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL v DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHOR. R NTATIVE
Bill Meadows
IIR/ACORD CORPORATION 1984
AGREEMENT
AMCROFLta:d
THIS AGREEMENT, is made and entered into the 1C4k
day of 7ANUAk1 , 19 84 , by and between the CITY of
Fayetteville, Arkansas (hereinafter referred to as "CITY"),
a municipal corporation, appearing through its City Manager
who is duly authorized to act in these presents, and NTE
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Transit Management & Consulting Co. Inc. (hereinafter referred
to as "NTE"), a Texas Corporation appearing herein by its
duly authorized representative.
The CITY has determined that it requires the services
of a consultant to conduct an evaluation of the Maintenance
Department owned and operated by the CITY in its area of
municipal jurisdiction.
NTE is engaged in the business of providing consulting
services and has trained, experienced personnel available,
and is desirous of providing consulting service to the CITY.
The CITY does hereby engage NTE to provide consulting
services and conduct an evaluation of the Maintenance Department.
NTE shall provide consulting services as detailed
in the Scope of Work presented to CITY under cover of letter
dated January 14, 1984.
CITY shall pay NTE an amount not to exceed $2,490.00
upon completion of Phase 1 work and upon submission of
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Page two of Agreement
appropriate documentation of expenses incurred by NTE in
performing said work. Work performed and expenses incurred
by NTE will be in accordance with the Level of Effort and Costs
presentecrto CITY under cover of letter dated Januiry 14, 1984.
• V q
CITY OF FAYETTEVILLE, AkANSAS
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BY
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ts1ger
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Pt.
NTE TRANSIT MANAGEMENT ")))
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CONSULTING CO., INC.
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It Vice President
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NTE TRANSIT MANAGEMENT & CONSULTING CO.. INC.
P. 0. Box 24006
Fort Worth, Texas 76124-1006
(817) 451-1543
January 14, 1984
Mr. Scott C. Linebaugh
Finance Director
City of Fayetteville
Fayetteville, Arkansas 72701
Dear Mr. Linebaugh:
It was a real pleasure to meet with you, Mr. Grimes and other
City officials yesterday.
As a result of our discussion and per your request, I am for-
warding a recapitulation of the scope of work, estimated hours
and projected costs for a study to be performed by our firm
relative to the Maintenance Department of the City of Fayette-
ville. I am also forwarding a brief agreement between the
City of Fayetteville and NTE pertaining to the study. Said
agreement is adequate as far as we are concerned but may require
some modifications if you feel a more formal agreement is nec-
essary.
As we discussed, a detailed study of the complete maintenance
operation probably should be conducted in two phases. Phase I
would entail a general overview of the operation as well as
in-depth evaluations of certain areas of interest prioritized
by the City of Fayetteville. Upon completion of Phase I and
presentation of the results, the City of Fayetteville may elect
to ask our firm to perform additional work (Phase II) during
which more detailed evaluations would be accomplished in those
areas of interest identified during Phase I as major problem
areas or those deserving more attention. Accordingly, the
purpose of this correspondence is to present the primary work
to be accomplished during Phase I.
Hopefully, you will find the information presented herewith in
adequate detail and acceptable form so that you may direct us
5
Mr. Scott C. Linebaugh
-2- January 14, 1984
to proceed with the work either Monday or Tuesday of next
week.
Mr. Bell is prepared to be on-site in Fayetteville, ready
to commence work, either Tuesday afternoon or Wednesday
morning. The actual day and time will be dictated by our
receipt of your notice to proceed.
We look forward to working with the City of Fayetteville and
appreciate the confidence placed in our firm.
Please contact me if you need additional information or have
any questions pertaining to the enclosed information.
Sincerely,
John R. Wolfe
Vice President
JRW:db
Encl. as
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SCOPE OF WORK
PHASE I - MAINTENANCE EVALUATION
CITY OF FAYETTEVILLE, ARKANSAS
I. NTE proposes to conduct an evaluation of the operation of
the Maintenance Department of the City of Fayetteville,
Arkansas. The scope of work to be performed by NTE shall
include, but not be limited to comprehensive and detailed
evaluations of the following areas:
A. Organizational structure.
B . Staffing levels and the experience, qualifications
and capabilities of existing personnel. Classifi-
cation of employees.
C. Lines of authority and responsibility.
D . Supervisory practices and procedures including
control and utilization of labor.
E . Administrative management procedures.
F. Lines of communication and adequacy thereof.
G . Working relationships (internal and external).
H. Problems being experienced by users of equipment
maintained by the department and desired priorities.
I. Availability or lack of proper repair and test
equipment/tools.
J . Break down repair and preventive maintenance program/
procedures.
K . Inventory levels and inventory control/security
procedures.
L . Ordering/purchasing procedures.
M. Fuel accountability and controls.
N . Cost effectivensss of major repair procedures
i.e. inside vs. outside repairs.
0. Employee training program.
P . Record keeping, internal controls, etc.
II. In addition to the above a general overview will be conducted
of the following areas:
A. Adequacy, organization and workability of physical
facility (building and grounds).
13. Safety.
C. Age and condition of rolling stock.
D . Work flow.
E . Cost allocation procedures.
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F. Purchasing procedures of major items i.e. tires,
batteries, etc.
G . Major equipment acquisition procedures and speci-
fication preparation (to enhance repair and
inventory levels).
H Utilization of outside repairs as well as parts
suppliers.
III. NTE will prepare a comprehensive report containing recom-
mendations with emphasis on improving productivity, effi-
ciency, effectiveness and reducing the cost of the main-
tenance operation. The report shall contain:
A. Observations.
B . Evaluations and conclusions.
C. Recommendations.
IV. Upon completion of the work and the report NTE will make
a verbal presentation to appropriate City officials.
V. After City review of Phase I work and the report pertain-
ing thereto NTE will, if desired by the City, perform
additional work (Phase II) in those areas selected by the
City.
..••"`•••••••••••
PROJECTED SCHEDULE
INTENANCE EVALUATION
CITY OF FAYETTEVILLE,
•
February 13
January 30 - February 3
es.1
Presentation
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LEVEL OF EFFORT AND COSTS
PHASE 1 - MAINTENANCE EVALAUTION
CITY OF FAYETTEVILLE, ARKANSAS
1. PROJECTED LABOR AND COSTS
Individual Hours Rate Total
Van Bell 60 $15 $ 900
John Wolfe 24 $20 480
Administrative 20 $ 7 140
TOTAL LABOR COSTS
2. ESTIMATED EXPENSES
Lodging and per diem
Travel and incidental
TOTAL ESTIMATED EXPENSE
$1,520
$ 495
475
$ 970
NOTE: Lodging and per diem estimated at $50 per
day; travel @ actual coach air fare and
$.21 per mile POV; incidental at documented
out-of-pocket expenses.
3. MAXIMUM TOTAL COST FOR PHASE I: $2,490.00