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HomeMy WebLinkAbout86-08 RESOLUTIONRESOLUTION NO. 86-08 A RESOLU F1ON APPROVING A CONTRACT WITH R. W. BECK, INC. IN TI IE AMOUNT OF $110,700.00 1'O CONDUCT A RECYCLING STUDY FOR THE CITY OF FAYETIEVILLE; AND APPROVING A I3UDGET ADJUSTMENT IN TI IF. AMOUNT OF 510,700.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves a contract with R. W. Beck, Inc. in the amount of $110,700.00 to conduct a recycling study for the City of Fayetteville. A cope of the contract, marked Exhibit A, is attached hereto and made a part hereof. Section 2. lhat the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment in the amount in 510,700.00. PASSED and APPROVED this 15th day cif April, 2008. APPROVED: By /t -L ke_7 DAN COODY, Mayor A1'1hSl: B) 1 SONDRA E. SMITH, City Clerk/ treasurer ;I \ ,., • •• IA.' ,` `` 1 Vf •; p 1.• •` Y - tLAYEllEVI is ; 1 :ajOftL. lll .•eb,���l u..•H�lJ PROFESSIONAL SERVICES AGREEMENT This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is dated March 2008. by and between R. V1. Beck. Inc. with offices at 5806 Mesa Drive, Suite 310, Austin. Texas, 78731 and City of Fayetteville with offices a: 113 West Mountain Street, Fayetteville. Arkansas. 72701. NOW, THEREFORE in consideration of the promises herein and for other good and valuable consideration, the paries agree as follows: 1. Scope of Services: R.W. Beck, Inc. and City of Fayetteville agree R.W. Beck. Inc. will perform services as described in the Scope of Services attached as Exhibit A in accordance with the schedule se: forth therein. 2. Independent Contractor: R.W. Beck, Inc. is an independent contractor and is not an employee of City of Fayetteville. Services performed by R.W. Beck. Inc. under this Agreement are solely for the benefit of City of Fayetteville. Nothing contained in this Agreement creates any duties on the part of R.W. Beck. Inc. toward any person not a party to this Agreement. 3. Standard of Care: R.W. Beck, Inc. will perform sen ices under this Agreement with the deglec of skill and diligence normally practiced by professional engine„ rs or R.W. Beck, Inc.'s performing the same or similar services. No other warranty or guarantee, expressed or implied, is made with respect to the seniors furnished under this Agreement and all implied warranties are disclaimed. 4. Changes/Amendments: This Agreement and its exhibits constitute the entire agreement betw ccn the Parties and together with its exhibits supersede any prior written or oral agreements. This Agreement may not he changed except by written amendment signed by both Parties. The estimate of the leve] of effort, schedule and payment required to complete the Scope of Services, as R.W. Beck, Inc. understands it, is reflected herein. Sen ices not expressly set forth in this Agreement or its exhibits are excluded. R.W. Beck. Inc. shall promptly notify City of Fayetteville if changes to the Scope of Services affect the schedule, level of effort or payment to R.W. Beck, inc. and the schedule and payment shall be equitably adjusted. if R.W. Beck. Inc. is delayed in performing its services due to an event beyond its control, including but not limited to fire. flood, earthquake. explosion. strike. transportation or equipment delays, act of war, or act of God. then the schedule or payment under the Agreement shall he equitably adjusted, if necessary, to compensate R.W. Beck. Inc. for any additional costs due to the delay. 5 Fee for Services: The fee for the senvices under this Agreement will be bascd on a fixed fee of S110, 700.00 U.S. dollars for the Scope of Services outlined in this A-eement. R W Bea PSA rr r, ft AER PROFESSIONAL SERVICES AGREEMENT 6. Payment: City of Fayetteville shall pay R.W. Beck, Inc. for services furnished under this Agreement based upon monthly invoices which estimate the proportion of the services completed. ('ity of Fayetteville shall pay R.W. Beck, Inc. in U.S. dollars within thirty (30) days of receipt of invoices less any disputed amounts. If City of Fayetteville disputes any portion of the invoice, the undisputed portion will be paid and R.W. Beck. Inc. will be notified in writing, within ten (10) days of receipt of the invoice of the exceptions taken. R.W. Beck, Inc. and City of Fayetteville will a•tempt to resolve the payment dispute within sixty (60) days or the matter may be submitted to arbitration as provided below. Additional charges for interest shall become due and payable at a rate of ore and one-half percent (1-112%) per month (or the maximum percentage allowed by law. whichever is lower) on the unpaid. undisputed invoiced amounts. Any interest charges due from City of Fayetteville on past due invoices are outside any amounts otherwise due under this Agreement. If City of Fayetteville fails to pay undisputed invoiced amounts within sixty (60) days after delivery of invoice. R.W. Beck, Inc., at its sole discretion, may suspend services hereunder or may initiate collections proceedings, Including mandatory binding arbitration. without incurring any liability or waiving any right established hereunder or by law. 7. Reperformance of Services: if City of Fayetteville believes any of the services provided under this Agreement do not comply with the terms of this Agreement, City of Fayetteville shall promptly notify R.W. Beck. Inc. to permit R.W. Reck, Inc. an opportunity to investigate. If the services do not meet the applicable standard of care, it will promptly reperform the services at no additional cost to City of Fayetteville, including assisting City of Fayetteville in selecting remedial actions. If City of Fayetteville fails to provide R.W. Beck, Inc. with prompt notice of non-compliance and an opportunity to investigate and reperform its services, R.W. Beck, Inc.'s total obligation to City of Fayetteville will be limited to the costs R.W. Beck, Inc. would have incurred to reperform the services. 8. insurance: R.W. Beck, Inc. shall maintain insurance with the following required coverages and limits and upon request, will provide insurance certificates to City of Fayetteville: Worker's Compensation Statutory Employer's Liability U.S. S1,000,000 Commercial General U.S. S1,000,000 per occurrence Liability Commercial Auto Liability Professional Liability L.S. 51,000,000 aggregate. U.S. S1,000,000 combined single limit C.S. 51,000.000 per claim and in the aggregate 9. Work Product City of Fayetteville shall have the unrestricted right to use the documents, analyses and other data prepared by R.W. Beck. Inc. under this Agreement ('Work Products'); provided, however City of Fayetteville shall not rely on or use the R V Beck PSA 2cf 6 PROFESSIONAL SERVICES AGREEMENT Work Products for any pi.rpose other than the purposes under this Agreement and the Work Products shall not be changed without the prior written approval of R.W. Beck, Inc.. If City of Fayetteville releases the Work Products to a third party without R.W. Beck, Inc.'s prior written consent. or changes or uses the Work Products other than as intended hereunder, (a) City of Fayetteville does so at its sole risk and discretion, (b) R.W. Beck. Inc shall not he liable for any claims or damages resulting from the change or use or connected with the release or any third party's use of the Work Products. 10. Limitation of Liability: No employee of R.W. Beck, Inc. shall have individual liability to ('ity of Fayetteville. To the extent permitted by law. the total aggregate liability of R.W. Beck, Inc., its officers. directors, shareholders. employees and suhconsultants for any and all claims arising out of this Agreement, including attorneys fees, and whether caused by negligence. errors, omissions, strict liability, breach of contract or contribution, RA'v'. Beck, Inc.'s for any and all claims arising out of this Agreement. including attorneys' fees. and whether caused by negligence, errors. omissions, stnct liability, breach of contract or contribution shall not exceed the revenue received by R.W. Beck, Inc. under this Agreement or one hundred fifty thousand dollars (U.S. S150,000.00), whichever is greater. 11. No Consequential Damages: In no event and under no circumstances shall R.W. Beck, Inc. be liable to City of Fayettevale for any principal, interest, loss of anticipated revenues, earnings, profits, increased expense of operation or construction, loss by reason of shutdown or non -operation due to late completion or otherwise or for any other economic, consequential, indirect or special damages. 12. Information Provided by Others: City of Fayetteville shall provide to R W. Beck. Inc. in a t:mcly manner any information R.W. Beck. Inc. indicates is needed to perform the services hereunder. R.W. Beck, Inc. may rely on the accuracy of information provided by City of Fayetteville and its representatives. 13. Opinions of Cost: R.W. Beck. Inc. docs not control the cost of labor, materials, equipment or services furnished by others. nor does it control pricing factors used by others to accommodate inflation, competitive bidding or market conditions. R.W. Beck. inc. estimates of operation expenses or construction costs represent its hest judgment as an experienced and qualified professional and are not a guarantee of cost. This section does not apply to the cos: of R W. Beck, Inc. performing the Scope of Services. 14. Safety and Security: R.W. Beck, Inc. has established and maintains programs and procedures for the safety of its employees. Ilnless specifically included as a service to he provided under this Agreement. R.W. Beck, Inc. specifically disclaims any authority or responsibility for job site safety and safety of persons other than R.W. Beck, Inc.'s employees. R.W. Beck, Inc. shall not provide any such services and disclaims any responsibility under this Agreement related to site secunty or the assessment, evaluation, revic' . testing. maintenance, operation or safety practiccs or procedures related to security. R W Bryk FSA 1 rf PROFESSIONAL SERVICES AGREEMENT 15. Termination: Either party may terminate this Agreement upon thirty (30) days prior ' ritten notice to the other party. City of Fayetteville shall pay R.W. Beck, Inc. for all services rendered to the date of termination plus reasonable expenses for winding down the services. If either party defaults in tts obligations hereunder. the non -defaulting party, alter giving seven (71 days written notice of its intention to terminate or suspend performance under this Agreement, may. if cure of the default is not commenced and diligently continued. terminate this Agreement or suspend performance under this Agreement. 16. Dispute Resolution: R.W. Beck. Inc. and City of Fayetteville shall attempt to resolve conflicts or disputes under this Agreement in a fair and reasonable manner and agree that if resolution cannot be made to attempt to mediate the conflict by a professional mediator 17. Non Exclusivity of Services: R.W. Beck, Inc. may perform for other clients similar or identical services to those services contemplated under this Agreement, subject to applicable confidentiality and ethical obligations of R.W. Beck. Inc. In the event City of Fayetteville desires any level of exclusivity or other limitations on R.W. Beck, Inc.'s services to its other clients. City of Fayetteville and R.W. Beck, Inc. shall confer regarding the scope of requested exclusivity or other limitations and the additional compensation to be paid to R.W. Beck, Inc. for the requested exclusivity or other limitations on providing services to other clients. Any agreed exclusivity or other limitations on providing similar or identical services shall be confirmed in writing signed by both parties and shall expressly state such provision shall supersede this Section 17. No fiduciary or agency obligations shall he created as a result of any exclusivity obligations or other limitations on R.W. Beck. Inc.'s services to other clients. 18. Miscellaneous: This Agreement is binding upon and will inure to the benefit of City of Fayetteville and R.W. Beck, Inc. and their respective successors and assigns. Neither party may assign its rights or obligations hereunder without the prior written consent of the other party. Any notice required or permitted by this Agreement to be given shall he deemed to have been duly given if in writing and delivered personally or five (5) days after ma:ling by first-class, registered. or certified mail, return receipt requested. postage prepaid and addressed as follows: City of Fayetteville: City of Fayetteville Attention: Mayor Dan Coody Address: 113 W. Mountain St. Fayetteville, AR 72701 R.W. Beck, Inc.: R. W. Beck, Inc. Attention: Scott Pasternak, Senior Director Address: 5806 Mesa Drive, Suite 310 Austin. 'texas 78731 R w at:k PSA aof n - -- PROFESSIONAL SERVICES AGREEMENT With a copy to: l.in Ross (which will not he considered notice) 1001 Fourth Avenue Suite 2500 Seattle, Washington 98154-1004 City of Fayetteville expressly agrees that all provisions of the A&ccmcnt, including the clause limiting the liability of R.W. Beck, Inc.. were mutually negotiated and that but for the inclusion of the limitation of liability clause in the Agreement, R.W. Beck, Inc.'s compensation for services would otherwise be greater and or R.W. Beck, Inc. would not have entered into the Agreement. If any provision of this Agreement is im•alid or unenforceable, the remainder of this Agreement shall continue in full force and effect and the provision declared invalid or unenforceable shall continue as to other circumstances. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Arkansas. In any action to enforce or interpret this Agreement, the prevailing party shall be entitled to recover, as part of its judgment, reasonable attorneys' fees and costs from the other party. Notwithstanding any statute to the contrary. the Parties agree that any action to enforce or interpret this Agreement shall be initiated within two (2) years from the time the party knew or should have known of the fact giving rise to its action, and shall not in any case be initiated later than six (6) years after R.W. Beck. Inc. completes its Scope of Services under this Agreement. Freedom of information Act: City of Fayetteville contracts and documents prepared while performing city contractual Nl ork are subjcct to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, R.W. Beck, Inc. will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-1O1 et. seq). Only legally authorized photo copying costs pursuant to the FOIA may be assessed for this compliance. R N Ned NA 'v h PROFESSIONAL SERVICES AGREEMENT IN ITN ESS %•HEREOF the Paries hal c signed this Agreement the date first written above. CITY OF FAYETTEVILLE By DAN COODY, Mayor Attest: ( By:IfL 6 tisk Sondra ,. mith. City Cierk.Treasurer ,,,, u, n,, n,,, ,,,, t2Yv 1 R ,,, UadietF :FAYFTTFVIIIF• ;ys•gRr;AN1: JS. , By: R. W. BECK, INC. SCOTT PASTER.NAK, Senior Director Witness: E. Sines, Finitisa + Ad i1iSocloR Printed name & Tide H \'." Rcck PtiA v .il 6 City of Fayetteville, Arkansas Budget Adjustment Form Budget Year 2007 Department Division: Program: Operations Solid Wasle & Recycling Recycling Date Requested 4/15/2008 Adjustment Number Project or ]tem Added/Increased: $10.700.00 is requested in the Solid Waste Improvements account. Project or Item Deleted/Reduced: Reduce the Building and Grounds Maintenance account $10,700.00. Justification of this Increase Additional funds are needed to provide a Recycling Study for the City of Fayetteville. Justification of this Decrease: The Building and Grounds Maintenance account can be reduced because some projects have been completed. Account Name Solid Waste improvements Account Name Building & grounds maint Increase Expense Budget (Decrease Revenue Budget) Account Number Amount Project Number 5500 5060 5816 00 10,700 07015 1 Decrease Expense Budget (Increase Revenue Budget) Account Number Amount 5500 5000 5400 00 10,700 Project Number Requested By fdget Manager epartmEnt Director Approval Signatures Dale 3 Date 3,25 se' Date Finance & Int m$1 Services actor cel X Date? llate Mayor Budget Office Use Only Type: A B Posted to General Ledger Posted to Project Accounting Filtered in Category Log Initial Initial Initial F. Date Date Date Brian Pugh Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 4)15/2008 City Council Meeting Date Agenda Items Only Solid Waste & Recyc•ing Division Action Required: Operations Department A resolution approving a contract with R.W. Beck in the amount of $110,700.00 to provide a Recycling Study for the City of Fayetteville and approve a budget adjustment in the amount of $10,700. 110.700.00 Cost of this request 5500.5060.5816.00 Account Number 07015 Project Number Budgeted Item 100,000.00 Category r Prosed Budget $ Funds Used to Dale Materials Recovery Facility Study Program Category / Project Name Solid Waste Improvements Program / Project Category Name 100,000.00 Solid Waste Remaining Balance Budget Adjustment Attached x Fund Name MIME 26 Department 'Di ercor City Attorney `PJ Q,_ Finance and Internal Service Director Date Date 3 - z8 -dr Date Ma./c Date Previous Ordinance or Resolution # Original Contract Date' Original Contract Number: Received in City Clerk's Office Received in Mayor's Office Comments: Revised April 16, 2007 City Council Agenda Item To: Mayor and City Council From: Gary Dumas Date: March 26, 2008 Subject: Preprint agenda date and item number inserted by city clerk A resolution approving a contract with R.W. Beck to provide a Recycling Study for the City and approve a budget adjustment in the amount of S 10.700 to complete funding for the study. Recommendation: Staff recommends that a resolution approving a contract with R.W. Beck to provide a recycling study and approve a budget adjustment in the amount of $10,700 to completely fund the study. Background: In the 2007 Solid Waste and Recycling Budget, a C1P (Project 07015 - Material Recovery Facility Study) in the amount of 5100,000 was approved to fund a recycling study for the City. RFP 07-18 was issued in November 2007 to provide the study. A selection committee was established and three vendors were interviewed to provide the study. R.W. Beck was chosen by the selection committee to provide the study. A Scope of Work and contract have been negotiated with City staff and City Attorney's Office. Discussion: Due the growth in the current recycling program, rising program expenses, and desire to expand to more commercial recycling options, City staff has planned and budgeted for a recycling study to focus on several aspects of the recycling program. The study will focus on 1) evaluating the current residential recycling collection and processing system and recommend improvements to lower costs and increase tonnages, 2) evaluate alternative residential recycling collection and process options, 3) explore options to provide effective and economical commercial and Apartment Recycling Services, 4) explore options for a Construction and Demolition recycling program, 5) a review of emerging technologies analysis. This study is multifaceted and will provide a through study to evaluate the recycling program and possible future program expansions upon Council's direction. The study is scheduled to be completed in seven months from the beginning of the study. A final workshop covering two days will be provided by R.W. Beck to review findings. There will also be a final report and presentation to Council upon the completion of the study. The selection committee who interviewed the vendors was comprised of Andrea Foren, Gary Dumas, Brian Pugh, Brenda Thiel, Vicki Deaton and Marsha Farthing. Budget Impact: The Scope of Work presented by R.W. Beck exceeded the project budget by $10,700 to total S110,700 for the complete study. A budget adjustment in the amount of $10,700 is needed in order to completely fund the study. $10,700 will be taken from Building and Grounds Maintenance 5500.5000.5400.00 in order to fund the study. This will not adversely affect the Building and Grounds Maintenance because some projects have already been completed. 1 of 1 3 27 2008 3 51.31 PM RESOLUTION NO. A RESOLUTION APPROVING A CONTRACT WITH R. W. BECK, INC. IN THE AMOUNT OF S110,700.00 TO CONDUCT A RECYCLING STUDY FOR THE CITY OF FAYETTEVILLE; AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT 1N $10,700.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves a contract with R. W. Beck, Inc. in the amount of $110,700.00 to conduct a recycling study for the City of Fayetteville. A copy of the contract, marked Exhibit A, is attached hereto and made a part hereof. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment in the amount in 510,700.00. PASSED and APPROVED this 15th day of April, 2008. APPROVED: ATTFST: DAN COODY, Mayor By: SONDRA E. SMITH, City Clerk/Treasurer PROFESSIONAL SERVICES AGREEMENT This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is dated March 2008, by and between R. W. Beck, Inc. with offices at 5806 Mesa Drive, Suite 310, Austin, Texas, 78731 and City of Fayetteville with offices at 113 West Mountain Street, Fayetteville, Arkansas, 72701. NOW, THEREFORE in consideration of the promises herein and for other good and valuable consideration, the parties agree as follows: 1. Scope of Services: R.W. Beck, Inc. and City of Fayetteville agree R.W. Beck, Inc. will perform services as described in the Scope of Services attached as Exhibit A in accordance with the schedule set forth therein. 2. Independent Contractor: R.W. Beck, Inc. is an independent contractor and is not an employee of City of Fayetteville. Services performed by R.W. Beck, Inc. under this Agreement are solely for the benefit of City of Fayetteville. Nothing contained in this Agreement creates any duties on the part of R.W. Beck, Inc. toward any person not a party to this Agreement. 3. Standard of Care: R.W. Beck, Inc. will perform services under this Agreement with the degree of skill and diligence normally practiced by professional engineers or R.W. Beck, Inc.'s performing the same or similar services. No ether warranty or guarantee, expressed or implied, is made with respect to the services furnished under this Agreement and all implied warranties are disclaimed. 4. Changes/Amendments: This Agreement and its exhibits constitute the entire agreement between the Parties and together with its exhibits supersede any prior written or oral agreements. This Agreement may not be changed except by written amendment signed by both Parties. The estimate of the level of effort, schedule and payment required to complete the Scope of Services, as R.W. Beck, Inc. understands it, is reflected herein. Services not expressly set forth in this Agreement or its exhibits are excluded. R.W. Beck, Inc. shall promptly notify City of Fayetteville if changes to the Scope of Services affect the schedule, level of effort or payment to R.W. Beck, Inc. and the schedule and payment shall be equitably adjusted. If R.W. Beck, Inc. is delayed in performing its services due to an event beyond its control, including but not limited to fire, flood, earthquake, explosion, strike, transportation o: equipment delays, act of war, or act of God, then the schedule or payment under the Agreement shall be equitably adjusted, if necessary, to compensate R.W. Beck, Inc. for any additional costs due to the delay. 5. Fee for Services: The fee for the services under this Agreement will be based on a fixed fee of $110, 700.00 U.S. dollars for the Scope of Services outlined in this Agreement. R. W Beck PSA I of 6 Inv Jim PROFESSIONAL SERVICES AGREEMENT 6. Payment: City of Fayetteville shall pay R.W. Beck, Inc. for services furnished under this Agreement based upon monthly invoices which estimate the proportion of the services completed. City of Fayetteville shall pay R.W. Beck, Inc. in U.S. dollars within thirty (30) days of receipt of invoices less any disputed amounts. If City of Fayetteville disputes any portion of the invoice, the undisputed portion will be paid and R.W. Beck, Inc. will be notified in writing, within ten (10) days of receipt of the invoice of the exceptions taken. R.W. Beck, Inc. and City of Fayetteville will attempt to resolve the payment dispute within sixty (60) days or the matter may be submitted to arbitration as provided below. Additional charges for interest shall become due and payable at a rate of one and ore -half percent (1-1/2%) per month (or the maximum percentage allowed by law, whichever is lower) on the unpaid, undisputed invoiced amounts. Any interest charges due from City of Fayetteville on past due invoices are outside any amounts otherwise due under this Agreement. If City of Fayetteville fails to pay undisputed invoiced amounts within sixty (60) days after delivery of invoice, R.W. Beck, Inc., at its sole discretion, may suspend services hereunder or may initiate co:lections proceedings, including mandatory binding arbitration, without incurring any liability or waiving any right established hereunder or by law. 7. Reperformance of Services: If City of Fayetteville believes any of the services provided under this Agreement do not comply with the terms of this Agreement, City of Fayetteville shall promptly notify R.W. Beck, Inc. to permit R.W. Beck, Inc. an opportunity to investigate. If the services do not meet the applicable standard of care, it will promptly reperform the services at no additional cost to City of Fayetteville, including assisting City of Fayetteville in selecting remedial actions. if City of Fayetteville fails to provide R.W. Beck, Inc. with prompt notice of non-compliance and an opportunity to investigate and reperform its services, R.W. Beck, Inc.'s total obligation to City of Fayetteville will be limited to the costs R.W. Beck, Inc. would have incurred to reperform the services. 8. Insurance: R.W. Beck, Inc. shall maintain insurance with the following required coverages and limits and upon request, will provide insurance certificates to City of Fayetteville: Worker's Compensation Employer's Liability Commercial General Liability Commercial Auto Liability Professional Liability Statutory U.S. $1,000,000 U.S. $1,000,000 per occurrence U.S. $1,000,000 aggregate U.S. $1,000,000 combined single limit L.S. S1,000,000 per claim and in the aggregate 9. Work Product: City of Fayetteville shall have the unrestricted right to use the documents, analyses and other data prepared by R.W. Beck, Inc. under this Agreement (Work Products'); provided, however City of Fayetteville shall not rely on or use the R. W. Beck PSA 2 of 6 PROFESSIONAL SERVICES AGREEMENT Work Products for any purpose other than the purposes under this Agreement and the Work Products shall not be changed without the prior written approval of R.W. Beck, Inc.. If City of Fayetteville releases the Work Products to a third party without R.W. Beck, Inc.'s prior written consent, or changes or uses the Work Products other than as intended hereunder, (a) City of Fayetteville does so at its sole risk and discretion, (b) R.W. Beck, Inc. shah not be liable for any claims or damages resulting from the change or use or connected with the release or any third party's use of the Work Products. 10. Limitation of Liability: No employee of R.W. Beck, Inc. shall have individual liability to City of Fayetteville. To the extent permitted by law, the total aggregate liability of R.W. Beck, Inc., its officers, directors, shareholders, employees and subconsultants for any and all claims arising out of this Agreement, including attorneys fees, and whether caused by negligence, errors, omissions, strict liability, breach of contract or contribution, R.W. Beck, Inc.'s for any and all claims arising out of this Agreement, including attorneys' fees, and whether caused by negligence, errors, omissions, strict liability, breach of contract or contribution shall not exceed the revenue received by R.W. Beck, Irc. under this Agreement or one hundred fifty thousand dollars (U.S. $150,000.00), whichever is greater. 11. No Consequential Damages: In no event and under no circumstances shall R.W. Beck, Inc. be liable to City of Fayetteville for any principal, interest, loss of anticipated revenues, earnings, profits, increased expense of operation or construction, loss by reason of shutdown or non -operation due to late completion or otherwise or for any other economic, consequential, indirect or special damages. 12. Information Provided by Others: City of Fayetteville shall provide to R.W. Beck, Inc. in a timely manner any information RW. Beck, lnc. indicates is needed to perform the services hereunder. R.W. Beck, Inc. may rely on the accuracy of information provided by City of Fayetteville and its representatives. 13. Opinions of Cost: R.W. Beck, Inc. does not control the cost of labor, materials, equipment or services furnished by others, nor docs it control pricing factors used by others to accommodate inflation, competitive bidding or market conditions. R.W. Beck, Inc. estimates of operation expenses or construction costs represent its best judgment as an experienced and qualified professional and are not a guarantee of cost. This section does not apply to the cost of R.W. Beck, Inc. performing the Scope of Services. 14. Safety and Security: R.W. Beck, Inc. has established and maintains programs and procedures for the safety of its employees. Unless specifically included as a service to be provided under this Agreement, R.W. Beck, Inc. specifically disclaims any authority or responsibility for job site safety and safety of persons other than R.W. Beck, Inc.'s employees. R.W. Beck, Inc. shall not provide any such services and disclaims any responsibility under this Agreement related to site security or the assessment, evaluation, review. testing, maintenance, operation or safety practices or procedures related to security. R. W neck VSA 3 of 6 PROFESSIONAL SERVICES AGREEMENT 15. Termination: Either party may terminate this Agreement upon thirty (30) days prior written notice to the other party. City of Fayetteville shall pay R.W. Beck, Inc. for all services rendered to the date of termination plus reasonable expenses for winding down the services. If either party defaults in its obligations hereunder, the non -defaulting party, after giving seven (7) days written noticc of its intention to terminate or suspend performance under this Agreement, may, if cure of the default is not commenced and di:igently continued, terminate this Agreement or suspend performance under this Agreement. 16. Dispute Resolution: R.W. Beck, Inc. and City of Fayetteville shall attempt to resolve conflicts or disputes under this Agreement in a fair and reasonable manner and agree that if resolution cannot be made to attempt to mediate the conflict by a professional mediator. 17. Non Exclusivity of Services: R.W. Beck, Inc. may perform for other clients similar or identical services to those services contemplated under this Agreement, subject to applicable confidentiality and ethical obligations of R.W. Beck, Inc In the event City of Fayetteville desires any level of exclusivity or other limitations on R.W. Beck, Inc.'s services to its other clients, City of Fayetteville and R.W. Beck, Inc shall confer regarding the scope of requested exclusivity or other limitations and the additional compensation to be paid to R.W. Beck, Inc. for the requested exclusivity or other limitations on providing services to other clients. Any agreed exclusivity or other limitations on providing similar or identical services shall be confirmed in writing signed by both parties and shall expressly state such provision shall supersede this Section 17. No fiduciary or agency obligations shall be created as a result of any exclusivity obligations or other limitations on R.W. Beck, Inc.'s services to other clients. 18. Miscellaneous: This Agreement is binding upon and will inure to the benefit of City of Fayetteville and R.W. Beck, Inc. and their respective successors and assigns. Neither party may assign its rights or obligations hereunder without the prior written consent of the other party. Any notice required or permitted by this Agreement to be given shall be deemed to have been duly given if in writing and delivered personally or five (5) days after mailing by first-class, registered, or certified mail, return receipt requested, postage prepaid and addressed as follows: City of Fayetteville: City of Fayetteville Attention: Mayor Dan Coody Address: 113 W. Mountain St, Fayetteville, AR 72701 R.W. Beck, Inc.: R. W. Beck, Inc. Attention: Scott Pasternak, Senior Director Address. 5806 Mesa Drive, Suite 310 Austin, Texas 78731 R W. Beck PSA 4 of 6 PROFESSIONAL SERVICES AGREEMENT With a copy to: Lin Ross (which will not he considered notice) 1001 Fourth Avenue Suite 2500 Seattle, Washington 98:54-1004 City of Fayetteville expressly agrees that all provisions of the Agreement, including the clause limiting the liability of R.W. Beck, Inc., were mutually negotiated and that but for the inclusion of the limitation of liability clause in the Agreement, R.W. Beck, Inc.'s compensation for services would otherwise be greater and/or R.W. Beck, Inc. would not have entered into the Agreement. If any provision of this Agreement is invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect and the provision declared invalid or unenforceable shall continue as to other circumstances. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Arkansas In any action to enforce or interpret this Agreement, the prevailing party shall be entitled to recover, as part of its judgment, reasonab;e attorneys' fees and costs from the other party. Notwithstanding any statute to the contrary, the Parties agree that any action to enforce or interpret this Agreement shall be initiated within two (2) years from the time the party knew or should have known of the fact giving rise to its action, and shall not in any case be initiated later than six (6) years after R.W. Beck, Lnc. completes its Scope of Services under this Agreement. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Infornation Act. If a Freedom of Information Act request is presented to the City of Fayetteville, R.W. Beck, Inc. will do everything possible to provide the documents 111 a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 el. seq). Only legally authorized photo copying costs pursuant to the FOIA may be assessed for this compliance. R. W Beck PSA 5 of 6 PROFESSIONAL SERVICES AGREEMENT IN WITNESS WHEREOF, the Parties have signed this Agreement the date first written above. CITY OF FAYETTEVILLE R. W. BECK, INC. By: By: grit DAN COODY, Mayor SCOTT PASTERNAK, Senior Director Witness: Attest: By: By: Sondra E. Smith, City Clerkareasurer E. Soles, Fnariatti AdruiV11.51RMOR Printed name & Title R. W. Beck PSA 6of 6 SECTION 4 SCOPE OF WORK & SCHEDULE Scope of Work The following task descriptions present R. W Beck's Scope of Work to complete a Recycling Program Study for the City of Fayetteville (City). Project Initiation and Management Initial Data Request and Review Following receipt of the Notice to Proceed. R. W. Beck will provide the City with a detailed preliminary data request that will encompass data needs for completing the study. The data request will itemize our needs for understanding the operational and financial considerations that must be addressed. The RFI will primarily focus on data related to the City's on-going recycling programs and other solid waste programs. This task also includes organization and preliminary analysis of all data received R W Beck would mention that we have already received some benchmarking data from the City. Establish a Project Task Force Compktion of a Recycling Program Study requires input from multiple staff within the City. In order lo get the best information possible and increase buy -in for the outcomes of this project, we recommend that the City establish a Project Task Force (P.rF) to participate throughout the process. The PTF would ideally include 6 - g key representatives from diverse roles and levels of responsibility within the City. Based on expenencc applying this approach with other cities, it is our general recommendation that participants include: • Solid Waste andior Public Works Director • Recycling Manager • Financial Managers (Auditor or Finance Director) • 1 2 City Council Aldermen (or their designee) The PTF would participate in the kick-off meeting. help facilitate data collection, provide feedback or. preliminary findings, and provide support to our Project Team throughout the project. By involving a variety of individuals with a wide range of skills and responsibiht:es, a complete picture of the solid waste system can be developed more quickly. The diverse experience and concerns of the participants will help identify problem areas and contribute meaningful input to the solutions Full participation from the PTF members should also be expected to increase buy -in and would speed implementation of the project findings. Kick-off Meeting and Project Management Prior to commencing the study, members of the Project Team would conduct a kick-off meeting with key City staff. At this kick-off meeting we would discuss the project work pian, key issues to be addressed, key findings from previous engagements as well as confirm the timing associated with the various project tasks. Fayettev I e Scoot updated schedule ural Coc SECT ON T4T We would discuss our initial data request (as previously described) that w e would have provided to the City staff 7 to 14 days prior to the kick-off meeting. We expect the kick-off meeting to be attended by two R. W. Beck professionals and last no longer than four hours. R. W. Beck will provide the agenda and any handout materials at least two days in advance. During the meeting. we will aiso identify primary contacts for our Project Team and the City and establish protocol for the exchange of information and the resolution of issues that ansc in the normal course of this engagement To ensure effective communication between Project Team members and the City throughout the course of this project, is is proposed that R. W. Beck will: • Schedule and participate in period c conference calls as needed to discuss project matters (as identified in the specific tasks of this scope of work) • Be available for other communication(s) as needed It is R W. Beck's understanding that the City's Waste Reduction Coordinator will be the primary contact for the study. We will channel our communication through this person, recognizing that there will be a need to limit interaction with other staff so not to interfere with their responsibilities. There will, however. be a need for some communication with other staff, and these requests will be coordinated with the City's Waste Reduction Coordinator. Additional Data Request The kick-off meeting will help identify and develop consensus about those project issues or practices that need further analysis as part of this project. Based on the feedback received at the kick-off meeting, we anticipate the issuance of a secondary data request to supplement the preliminary data request. The secondary data request would be sent along with a meeting summary packet, and would include an index of data in the preliminary and secondary data requests. We recognize that the City may not have all information requested readily available or may track information differently than requested. We will work with the appointed Project Manager to arrive at reasonable substitutes for the key data, if needed. Project Initiation and Management Deliverables The deliverables from the Project Initiation and Management will include: • Preliminary data request • Electronic copies of the kick-off meeting agenda, handouts, and follow-up summary • Participation of R. W. Beck Project Manager and key technical staff in kick-off meeting • Secondary data request Task 1 - Evaluate Current Residential Recycling Collection and Processing System R. W Beck will evaluate the City's current residential recycling collection and processing system. In conduct:ng this evaluation, we will focus on understanding the cost structure and recommending improvements that would result in lower program costs and increased recycling tonnages Our review will also evaluate the current system as well as the account for anticipated growth over the next 5. 10 and 20 years Issues to be addressed during the rev icy; of the residential recycling collection and processing system Include, but are not lim:ted to, the following: 41-2 rayenev e Sane updated sv,eda!e hna doe SCORE OF WORK & SCHEDULE Collection Issues • Collection efficiency (e g., number of houses collected per route) • Participation rate • Set -out rate • Recycling quantities • Routing process • On -route collection practices • Non -collection time (travel, down time, breaks, etc ) • Configuration of equipment • Staffing, including use of overtime and temporary personnel • Safety practices • Policies and procedures • Vehicle inspection, maintenance and replacement • Public education • Ordinances • Other issues as identified Processing Issues • Staffing • Facility and equipment • Materials flow • Contamination • End markets • Processing rates and throughputs • Equipment downtime impacts • Sorting station productivity and utilization rates and staffing levels • Baling equipment capacity and optimization • Assessment of incoming material to allow idemification of contamination problems, compaction levels, etc • Other issues as identified Subtask 1A Field Observations and Analysis Although the information provided by the City in response to the data request will go a long way towards framing the issues, we believe that on-site observations of the City's collection and processing operating practices arc critical to understanding this system Field observations a11ou us to obtain a true feel for the challenges faced, productivity levels achieved. successes, and areas needing improvement As part of this Task, R. W. Beck will perform field obseratiors at the processing facility and for collection R W Berk. Inc 4T-3 SE0-ION T4T operations. This analysis will include one-on-one interviews with key personnel, and management and administrate a procedures review, observation of incoming material, material handling and processing and material preparation for market. We will also spend time in the field observing collection practices, which will include documenting staff practices as welt as customer activity. Our project budget includes three staff spending two days each for field observations and interviews for this task. Subtask 1B Recommend Imo•ovements to Lower Costs and rcrease onnages Based on the field observations and analysis. R. W. Heck will identify potential areas for improving the cost-effectiveness of current collection and processing operations. To undertake this analysis, we will develop recommendations that would improve program costs and recycling tonnages. Subtask 1C: rfornal Bencn narKing Due to the volume of solid waste assignments that R. W. Beck has completed for other local governments, our firm has developed a significant benchmark database of cost, performance, and service level parameters for recycling collection and processing systems across the country. We will leverage this database to provide a comparison of solid waste services and fee structures of cities across the country similar to Fayetteville. For example, we have completed operational and/or financial reviews for several cities such as Olathe, Kansas; Minneapolis, Minnesota; Killeen, Texas; and Jacksonville, Arkansas that utilize the same type of collection system as Fayetteville. Also, we have extensive benchmarking data from communities across the United States, including several cities with large universities (e.g. Denton, Texas, Austin, Texas: Tempe, Anzona; Tucson, Arizona: and Huntsville, Texas). Furthermore, we have recently completed recycling studies for the Pulaski County Soiid Waste Management District. the North Central Texas Council of Governments and the Houston Galveston Area Council that provide R. W. Beck with recycling data from more than 70 cities in Arkansas and Texas. Task 1 Deliverables The deliverables from lask 1 will include: • Draft report section for the current co]]ection system • Draft report section for the current processing system Task 2— Evaluate Alternative Residential Recycling Collection and Processing Options Subtasc 2A: Identify Poss ble Partnersh ps with Reg onal MRF Operators R W. Beck will evaluate options for the City of Fayetteville to develop partnerships with regional MRF operators. Our evaluation wt:: focus on companies that are currently located in Arkansas, as well as other companies that may have an interest in establishing a new facility within or near the City. For example, in 2006, R. W. Beck assisted the City of El Paso, Texas in developing a partnership with a private company to build, own and operate a $6 million single stream MRF that will serve the City of El Paso for 15 years. Prior to this effort, El Paso did not have recycling processing capabilities. R W. Beck expects to interview several (likely 3 - 8) companies to determine their interest to partner with the City to develop a MRF. Each of the companies to be interviewed will be asked a series of questions that would allow R. W. Beck to develop alternative scenarios as to how the public -private partnership could potentially develop. Because of the competitive nature of the solid waste business, it is often a challenge to collect data from private solid waste companies. In order to case concerns over 41-4 rayereville Scope undated schedule `ial da SCOPE Oc WORK 8 SCHEDULE ;haring data with R. W. Beck for use in the study, w e will employ methods that we have used in obtaining sensitive data on other similar studies. Based on our track record, we believe that we will be able to obtain the needed data and input from the private companies. During these discussions, we would expect to address the following issues identified in the City's RFP: • Contract requirements • Rev enue generation • Residual disposal costs • Tipping fees • Labor costs • Transportation costs In addition, R. W. Beck would also expect to address the following issues: • What interest would your company have in either expanding existing or developing a new MRF in Fayetteville? • Please describe your experience with the processing of dual and single stream recyclable materials For what other communities are you providing recycling processing sen ices? • What challenges have you experienced or do you envision when processing single stream collected materials as compared to dual stream collected materials? How have you or what do you plan to do to overcome these processing challenges? • What do you anticipate as an aches able range for the percentage of process residuals by weight utilizing dual and single stream processing technology? • If the City of Fayette' ille chooses to initiate a competitive process to procure processing services. what type of project structure would you prefer? • Would you submit a proposal as part of a competitive procurement process requesting design build and operations services for a MRF located on City -owned property? • Would you submit a proposal as a part of competitive procurement process to operate a publicly owned MRF' • Would your firm be able to offer recyclable materials processing sen'ices to the City through your own facility or an alternative means? If so, when? • What do you see as the optimal approach to a public/private partnership for the City in implementing a recyclable materials program? • how is the pricing for the sale of recovered materia:s in this region of the U.S . as compared to other regions'> • Ilow much material would you believe would need to he brought to the facility on a daily basis to allow it to operate in an efficient manner? • Approximately how much material would your company expect to bring to the facility? • Are there any other creative ideas that you have concerning the development of a partnership with the City that you would be willing to discuss? F Lw eecl. Inc 4'-S SECTION T4- S,lb:ask 2B: Evaluate Op:ions During this task, R. W. Beck will help Fayetteville understand the how residential recycling sen ices could be provided in the fixture, based on the following options: • Curent system • Dual stream • Single stream From a processing perspective, we will complete our analysis based on a City owned and operated MRF. as well as a scenario based on the City entering into a public private partnership for the MRF R. W. Beck will expect to provide the City with a comparative understanding of these options based on the follow ing criteria: • Cost of service for collections • Cost of service for processing • Cost per ton of material recycled • Recycling rate • Types of material collected • Participation rate • Set -out rate • Contamination levels • Disposal cost and cost avoidance • Value of commodtt:.es R. W Beck will specifically evaluate the projected cost of service based on our proprietary Refuse Collection Model and MRF Model. We have successfully used these models or. behalf of other clients to help them understand the potential cost of services and to evaluate collection and processing options. The collection model will provide an understanding of factors to included but not be limited to the following types of costs: • Rolling Stock • Labor • Facilities (e.g. maintenance, but ding, parking, fueling, offices) • Fuel • Containers • Maintenance • Administrat:oamanagement • Customer service With regard to the MRF, the model will account for the following types of factors • Land acquisition 4-t rayetevdIe £tope Ladated schecjle 'Ia da SCOPE OF WORK & SC-iECULE • Ro!ling Stock • Labor • Facilities (e.g. MRF, parking. offices) • Equipment • Disposal for residue Our analysis will also inc:ude descriptions of the levels of effort associated with the costs included in the models For example, we will provide the City with a description of the following for the MRF: • Land requirements • Description of processing equipment • Rolling Stock • Staffing plan • Capital purchases R. W. Beck would mention that the RFP included "possible locations for a MRF." Our scope of work does include providing the City with an understanding of the general characteristics that should be considered :n selecting a potential site R. W. Beck has not included a siting analysis in the Scope of Work since the City has not decided whether there is a need to develop a facility. If this decision occurs. R. W Beck would be pleased to develop a scope of work and budget to help the City develop a siting analysis for the location of a MRF. We will also account for project population increases that could affect the feasiht::ty for a system change over the next 5, 10 and 20 years. Task 2 Deliverables The deliverables from Task 2 will include: • Draft report section that evaluates options for public private partnerships • Draft report section that evaluates recycling options (status quo, single stream and dual stream) • Comparative table(s) regarding potential recycling options Task 3— Explore Options to Provide Effective and Economical Commercial and Apartment Recycling Services In conducting Task 3. R. W Beck would recommend that the City consider evaluating options to improve commercial recycling separate from the analysis of options for apartment recycling. The reason for this is that R. W Beck would expect that material from apartment complexes would be collected differently than commercial recycling material. This is based on extensive research conducted by R. W. Beck that concludcd that apartment complexes are best served with non-Dumpster containers (e.g 90 gallon carts for single stream) versus the expectation that commercial businesses can he serviced with either Dumpsters or carts.' Therefore, w e are providing the scope of work based on separate collection Source Pasternak. Scott and Bred Matson (R. W. Beck). "Taking the her: Step: How Valli tamely Efforts Can Gil e Cities a Boast in Recycling Rates Re ours r Rr rrrfr,R. ?larch 2006. P . ?eck luc -7 SEc, Iry T4T operations for apartments and businesses, but would be open to discussing this decision with City staff, if needed. Subtask 3A: Opt ons `or Commercial Recycling and Organic 'Waste Cclle; ion Services For this subtask. R. W. Heck will develop a recommendation on how the City can provide recycling services to commercia: businesses located within the City. In addition, R W. Beck will provide a recommendation of how the City can provide collection of commercial organic food waste for composting. It is R W. Beck's understanding that this material would be processed at the City's existing composting facility. In developing these program recommendations, K. W. Beck will draw on industry knowledge of how other communities and private companies are providing similar services. In addition R. W. Beck will consider collection efficiency with existing commercial MSW collection routes. This analysis will include considerations of the following: • Staffing needs • Collection vehicles • Collection containers • Customer education • Materials to be recycled R. W. Beck would expect that a commercial recycling program in the City would focus on collection of fibers. but the specific nature of materia: to be collected would depend on the type of processing options that are expected to be provided in the future based on the results from this study R. W. Beck will specifically evaluate the cost of service for the proposed commercial recycling program (for recyclables as well as organic material). Ihe costs to be considered as pail of this analysis include: • Cost of service for collection • Cost of service for processing • Participation rate • Contamination levels • Value of recyclable commodities • Disposal for residual matcria: • Required capital purchases After the cost of providing commercial recycling collection service is determined, R. W. Beck will work with the City to develop a rate structure for the commercial recycling program that provides incentives for participation, thereby increasing diversion. R. W. Beck wi 1 present options (likely 2-3) to the City of different rate structures that would to encourage recycling as we!: as recover the cost of service. These options may include, but are not limited to, volume -based rate structures. As part of this analysis. R. W. Beck will examine the existing rate structure for commercial MSW collection and will provide the City with options to adjust the MSW coection rates in such a way as to encourage recycling. SubtasK 3B: Opt ons 'or Apa'iment Recycling Services For this subtask, R. W. Beck will compare options for apartment recycling services. 'Ihe options to be analyzed are: 41 8 Fayetev ile Scope „Ddated sctedule vial doe SCOPE Cc'.WCRK & SCHEDJ.E • Drop off recycling (current system) • Mandatory on -site recycling Based on extensive research by R. W. Beck, if cities implement on -site apartment collection of recyclables, it is best for cities to mandate participation by apartment complexes' Therefore, R. W. Beck developed this scope of work based on mandatory on -site recycling as one of the options to be considered. R. W. Beck is open to discussing this decision. as needed. R. W. Beck will evaluate the current system of drop off recycling for multi -family residents, R. W. Beck will compare the participation and tonnage generated at the City s drop off center to other communities around the country, including communities in Arkansas. R W. Beck will provide an operational comparison of drop-off and on -site apartment recycling based on the following considerations: • Participation and diversion levels • Contamination of recycled materials • Public education requirements In addition to an operational comparison, R. W. Beck will develop a comparative cost model for the current drop-off program as well as a potential on -site apartment program. The cost model will include considerations of. • Collection costs • Processing costs • Participation rate • Contamination levels • Value of recyclable commodities • Disposal of residual material • Required capital purchases • Public education After the cost of providing apartment recycling collection service is determined, R. W Beck will work with the City to develop a rate structure for this service (ha: provides an incentive for apartment complex property managers to maximize diversion. R. W. Beck will present options (likely 2-3) to the City of different rate structures that would to encourage recycling as well as recover the cost of service. These options may include, but are not limited to. volume -based rate structures. As part of this analysis, R. W. Beck will examine the existing rate structure for apartment MSW collection and will provide the City with options to adjust the MSW collection rates in such a way as to encourage recycling. We will also account for projected population increases that could affect commercial and apartment recycling over the next 5, 10 and 20 years Task 3 Deliverables The deliverables from Task 3 will be: Seure: Pasternak. Scott and Brent Matson (R W . Beck) "r'aAng the Next Step: Host Multi-)-amil) Efforts Car Gi'c Cities a Boost fl Rec;chng Rates." Re%ource Rccrhnq Marct 2006 R ". lien, Ire di -9 SECTION T4" • Draft report section that evaluates options for commercial recycling collection • Draft report section that et aluates options for apartment recycling • C'omparatiN a table(s) regarding potential recycling options Task 4— Explore Options for a Construction and Demolition Recycling Program Subtask 4A: Options 'or a O&D MRF During this task, R. W. Beck will explore the possibility for a construction and demoation (C&D) recycling program pertaining to the green building movement for reducing waste from job sites. R. W. Beck will evaluate the feasibility to develop and operate a C&D MRF. While there are many options available for building and operating a C&D MRF, R W. Beck will develop several assumptions. with input from City staff for the purposes of this analysis. These assumptions will primarily be based on the quantity and composition of material that could be brought to the facility on an annual basis. To estimate the quantity of material, R. W. Beck will review City roll -off collection data, as well as landfill tonnage records from existing ('lass 4 landfills. From a composition perspective, R. W. Beck will utilizc data completed for other C&D waste characterization studies. This includes data that R. W Beck collected in 2007 to evaluate the feasibility of developing a C&D MRF in North Central Texas (DallasiYort Worth area). After developing an estimate of the current quantity and composition, R. W. Beck will develop projections for the next 5, 10 and 20 years to understand how the costs for a C&D MRF may change over time R. W. Beck will develop a comparative cost model for a C&D MRF. The cost model will include considerations of: • Processing equipment • Staffing • Land acquisition • Revenue from recyclable commodities • Disposal of residual material • Rolling Stock • Facilities (e.g. MRF, parking. offices) • Disposal for residue Our analysis will a:so include descriptions of the level; of effort associated with the costs included in the models. For examp:e, we will provide the City with a description of the following for the MRF: • Land requirements • Description of processing equipment • Rolling Stock • Staling plan • Capital purchases 4T-11 Favetevdle Slope undated sUeadle `ial doe SCE Oc WORK & SCI-EDJ' E After the cost of a C&D MRF is determined. R. W Beck will compare this cost to the tipping fees in place at Class 4 landfills. R. W Beck will work with the City to develop a rate structure for a C&D MRF and Class 4 landfills that provides an incentive for builders to maximize diversion. R. W Beck will present options (likely 2-3) to the City of different rate structures that would to encourage recycling as well as recover the cost of service As part of this analysis, R. W. Beck will examine the existing rate structure for Class 4 landfills. We will also account for projected population increases that could affect commercial and apartment recycling over the next 5, 10 and 20 years. Task 4 Deliverables The deliverables from 'task 4 will be: • Draft report section that evaluates options for C&D recycling • Comparative table(s) regarding potential recycling options Task 5— Emerging Technologies Analysis The purpose of this task is to conduct a planning level evaluation of new systems or technologies that could refine, modify, or completely change the City's current recycling system or even the entire waste management program. The city desires to look outside the box to determine if there are applicable emerging technologies that have not yet made the mainstream lJnited States. Based on direction from stall'. R. W. Beck will evaluate ;he organic waste treatment unit (as proposed by Oxalor Group) on a planning level basis. We will also conduct a limited Internet, literature and industry search to identify any other companies that are utilizing a similar technology. The assessment will include applying the following criteria: • Applicability to the City's waste steam • Commercial operating status • Risks (i.e., technology, environmental, financial, land use) • Waste diversion potential • Materials flow • Residuals • Planning lever capital and annual operations and maintenance costs 'fo the extent practicable, R. W. Beck will provide the City with an understanding of how this technology could change over the next 5, 10 and 20 years. Given that this is an emerging technology, our focus will be on the next 10 years. We would note that since we will be addressing an emerging technology, it is possible that changes could occur in the future that are not presently known. Task 5 Deliverables The deliverables from Task 5 will be • Draft report section that etaluates the erne;ging technology R 4; Bea irc 4--11 SECT ON -4T Task 6— Workshop with the Project Task Force It is envisioned that a working group meeting would be held to present the key findings and recommendations of from Tasks I - 5. The working group meetings wit: provide an opportunity to present our findings and ensure buy -in for our recommendations R. W. Beck will work with the City to schedule the meeting. 1 his workshop will be attended by three R W. Beck professionals and will occur over two -consecutive days. We will allocate approximately 2 —3 hours to discuss each project task. R. W. Beck will develop power point presentations. handouts, and agendas, and other materials to use during the work session. Information and decisions made during these workshops will be key dri\ ers for the recommendations that will be included in the draft and final reports. ]'ask 6 Deliverables The deliverables from Task 6 w::: be: • Power point presentations, handouts, and agendas, and other materials to use during the work session • Three R. W. Beck professionals will attend and facilitate a two day workshop with members of the P'1 F to discuss key findings Task 7 — Report Preparation and Presentations R. W. Beck will prepare a report summarizing the findings of the study. A draft report will be pros ided to the City for review and comment. Most of the report will be a compilation of the draft report sections described in Tasks 1-6. Comments received from the City will be incorporated, as appropriate, and a Final Report will be delivered. As needed. R. W. Beck will meet with Staff and or Council to discuss the findings and recommendations. Our budget assumes that we wit conduct one presentation to City staff and/or the City Council Task 7 Deliverables The deliverables from ]'ask 7 will include: • Draft report submatal of one PDF and 10 printed copies • Final report - submittal of one PDF and 10 prnted copies • Presentation by the project manager at one City Council meetings or work sessions, including the development of Power Point presentation 41 12 Fayetevtlle Scope Ddated schedule `1a( doc Schedule The following schedule presents R. W. Beck's tirne::ne to complete a Recycling Program Study for the City of Fayetteville (City). Project Initiation and Management — • Task 1: Evaluate Current Residential Recyd•ng • Collection and Process rig System Task 2: Evaluate Alternative Residential Recycling Collection and Processing Option Task 3: Explore Options to Provide Effective • and Econcmiral Commercial and Apawtment Recycling Services Task 4; Explore Options for a Construction — and Oemotition Recycling Program Task 5: Emerging Technologies Analysis Task 6: workshop Task 7: Report Preparannn and Presentations Faye"eaille Scope updated scredile end dot. 4T. 3 O D y c o m o: v o: :n a w N c G _� 0 ci 3 d a O N N o m 7 d (may m S N C) N J = p J J V d K V n A ED O 2 0 ii m d Co ID 2 C N c O m y J 2 J m 2 U) 3 N O c d N " N r -e c ID r� c w o c m J ti. 2 O _a 9 3 p 0 ID 9 11 .1 U) d J O CD 0 .J - W o m m n xm < _ 1 a m4 a u a a a a a o n L CD 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o c o o n 0 0 0 0 0 0 o O o o p n 0 0 0 O N N T O 0 Q n � 0 � m . D c C,' o o Co N C U C m p l m J N o w m T u c c w O m V 2 O m # T. 4 r L') T m O ~ C 0 d' C a d m m J 'x N x N yto ] G p O rm• y O O I C N c J c o 0 d o m D c o CD m 0 to U CD J r w O < 0 C Ir I o O O 0 0 N J V 0 N p O IO O D m 0 O O m to o 0 0 o m ID C m 1 U) Co m L m 0 y t T F T r, O T ; D d m m n 0. 0 0 o m m u, a w v 0 O 0 d a C 6 _ 7 G a Cd C d W 0 C A N # N (1 . a S y d O N J C J d C i n m 5; cc N N d N w n = c 7 co G 'C A O C d a - C O 2 d 3 m C N , o d 0 _ d (') ti 2 C-' 6 a m &Q) 00 o » ° G d d rn to d c 0 = G = p a C• G O O O C G G O C Gto • o o b o 0 0 0 o a a o n m o O G C C C G O O G p 0 O O o N J v' 0 0 o 9. d o, 0 D d c .�• O O d O 0 C d o I.,-'- 2 w m a c w 3 3 w 3 p •O mP O # O 0 p v N v m < ti« D3 i d X O' m •omd N 0 to 0 O H O QI C C H d 0 m o m 3 0 a C o J m d 0 n o 0 a a f 0 3 d o - N ¢ W N d V Z Z O O x X M M M -<O N C U r 00 d O O N d O O O D an m 0 a o o pJ d Q d m T CO N z O a 0 o v n J 3 (4 18.08) Clarice Pearman - Res. 86-08 Page 1 From: Clarice Pearmar. To: Pugh, Brian Date: 4.18.08 3:35 PM Subject: Res. 86-08 Attachments: 86-08 R.W. Beck Inc.pdf CC: Audit; Fell, Barbara B -a-: Atac"eC is a copy c` the resolutior 7assed ny Cty Council regardrg the recycling study. I wll forward to Budget & Researn your orig ra c..cget adjustment. Please et me k-icw f there is anything else needed for h s item. Have a good weeke,c. Thanks. Carce