TEXAS WATER COMMISSION B. J. Wynne, III, Chairman John E. Birdwell, Commissioner Cliff Johnson, Commissioner John J. Vay, Genera) Counsel Michael E. Field, Chief Hearings Examiner Brenda W. Foster, Chief Clerk Allen Beinke, Executive Director February 28, 1990 'CERTIFIED MAIL RETURN RECEIPT REQUESTED rfr. Mike Parker, Controller Espey Huston and Associates P. O. Box 519 Austin, Texas 78767 Re: Audit by Environmental Protection Agency Highlands Acid Pits, Cooperative Agreement V006454-01 September 30, 1982 to September 30, 1989 / Dear Mr. Parker: 40 CFR, Part 35, Subpart E, Appendix D, Paragraph 2.b(4) states that under cost plus fixed fee contracts "All direct costs, overhead, and other indirect costs claimed will be audited to determine that they are reasonable, allowable, and properly supported by the consulting engineer's records. In Amendment No. 1, dated June 27, 1988 to the prime A/E Contract Article S.b.l.b states that the overhead "Rate shall be adjusted downward if the final audited rate, based on federal procurement regulations, for the period of the agreement, is less than the provisional rate." In a letter dated January 15, 1988 the TWC advised Espey Huston that $7,443 of questioned (i.e., disallowed) costs on Phases I and II were being withheld from the accrued retainage of the Phase III (Remedial Action) of the Highlands Acid Pit site. This most recent audit has concluded that an additional $432.00 V in questioned (i.e., disallowed) costs are due from Espey Huston and $1,312.00 in questioned (i.e., disallowed) costs are due from your subcontractor Roy F. Weston, Inc. (see Attachment A). The performance of the subcontractor is the responsibility of the prime - thus the Texas Water Commission hereby notifies Espey Huston that an additional $432.00 for Espey Huston and an additional $1,312.00 for your subcontractor (Roy F. Weston, Inc.) will be withheld from the retainage accrued on the Highlands Acid Pit Site. : r> ,c 7o-»n inoi ft,,,, r^A ------- Thank you for your assistance in the resolution of this audit dispute determination. Sincerely, Dick Ehlert Program Administrator, Superfund Hazardous and Solid Waste Division RE/jdh cc: John DiFilippo Jr., P.E. Roy F. Weston, Inc. ------- Addendum to Attachment 1 Notes 2 and 3 of Highlands Acid Pits Audit Findings ------- Note 2 - Audited Overhead Rates Espey: EPA/OIG conducted an interim audit on the Highlands Acid Pit project for the period July 4, 1983 to September 30, 1986, report number E5bG7-06-0032-71762 issued on August 25, 1987. That report presented .questioned overhead costs of 57,443 on Phases I and II of the project. A Final Dispute Determination dated January 15, 1988, indicates that the $7,443 is to be disallowed and that EPA is accepting the TWC's proposal to reclaim the disallowed costs from the retainage that had accrued on the Remedial Action Phase, or Phase III of the Highlands Acid Pit Site. The Texas Water Commission has withheld the retainage. During our audit period we determined that one additional A/E invoice had been processed that was likewise subject to the final overhead rates established by the prior audit. Invoice No. 85-11-0675 reflects a period of performance of October 1, 1985 to December 21, 1985 and reouested payment in the amount of 512,473. The following computation sets forth an additional $432 of questioned overhead costs: Claimed Accented Questioned Direct Labor $ 2,523 $ 2,523 $ Benefits & Overhead Rate .2649 .2384 Benefit Cost $ 668 $ 601 $ 67 Direct Labor & Benefits $ 3,191 $ 3,124 Indirect Overhead • 1.1911 1.0997 Indirect Cost S 3,801 S 3,436 $ 365 Total Benefits & indirects $ 4,469 S 4,037 S 432 In summary, we have questioned $7,875 ($7,443 + $432) of excess Espey overhead and provided for the reinstatement of $7,443 as discussed by Note 3. Weston, Inc.: The previously mentioned EPA/OIG interim audit also set-aside 533,998 of Weston overhead billed by provisional rates for 1984 and 1985. The Defense Contract Audit Agency (DCAA) issued final audited overhead rates for these years which are less than those proposed by Weston, Inc. We also determined that during the current audit period Invoice No. 85-11-0075 was processed and ------- increased tn^ application of follows: .laimed overhead to $37,172 for ;;: '; riod. The inal rates results in 51,312 of ques;: r.'••;•-. ,verhead as Year 1984 1985 Allowable Claimed Questioned Direct Labor $12,386 15,563 lowable 124.44£ 131.38 ;i5,413 70,447 .35,860 37.172 3 1,312 Summary: 40 CFR, Pa: under cost plus indirect costs ; allowable and Additionally, . No. 14-60063, . be adjusted de- regulations, v:. ,• rate." The ret'"..- contract and :•;. 59,187 of overii.. Consultant 35, Subpart E, Appendix D, Paragraph 2.b.(4) states that i.xed fee contracts "All direct costs, overhead, and other •i^iGd will be audited to determine that they are reasonable, ;>?rly supported by the consulting engineer's records." .r.ent No. 1, dated June 27, 1988 to the prime A/E Contract o1 Article B.b.l.b. to state that the overhead "rate shall ;-d if the final audited rate, based on federal procurement :hc period of the agreement, is less than the provisional pursuant to Appendix D, Amendment No. 1 to the Prime A/E results of the above mentioned audit, we are questioning in excess of audit determined rates as follows: Espey - Prior Audit - Current Audit Weston (Subcontractor) ' Total Questioned Overhead Questioned $7,443 432 1,312 $9,187 TWC Comments Audit Resoonse Note 3 - Resolution of Prior Audit Questioned Overhead As stated earlier, a final dispute determination set forth that previously questioned overhead costs of the prime consultant would be settled by TWC's action of reclaiming the questioned amount from a retainage due Espey on a subsequent invoice. This audit determined that TWC properly withheld and did not pay eligible A/E costs in settlement of the questioned amount. ------- Attachment 2 Letter to Roy F. Weston, Inc. ------- TEXAS WATER COMMISSION |B. J. Wynne, III, Chairman John E. Birdwell, Commissioner Cliff Johnson, Commissioner r John J. Vay, General Counsel Michael E. Field, Chief Hearings Examiner Brenda W. Foster, Chief Clerk Allen Beinke, Executive Director February 27, 1990 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. John DiFilippo Jr., P.E. Roy F. Weston Inc. 5599 San Felipe Suite 700 Houston, Texas 77056 Re: Audit by Environmental Protection Agency Highlands Acid Pits, Cooperative Agreement V006454-01 Dear Mr. DiFilippo Jr., P.E. I have enclosed as an attachment a letter to Espey Huston advising them of certain costs that have been questioned (i.e. disallowed) by the Office of Inspector General (DIG) of the Environmental Protection Agency on the above referenced Superfund site. This audit finding includes $1,312.00 as questioned (i.e. disallowed) costs by Roy F. Weston Inc. The TWC has notified Espey Huston that as the prime consultant to the contract and responsible for the subcontractors actions, that $1,312.00 will be withheld from the retainage of Espey Huston. Please see note 2 of the attachment outlining Roy F. Weston's questioned (i.e. disallowed) costs in the amount of $1,312.00. Thank you. Sincerely, Dick Ehlert Program Administrator Superfund and Emergency Response Section Hazardous and Solid Waste Division DE:sr cc: Mr. Mike Parker, Controller Espey Huston & Associates ------- ENVIRONMENTAL PROTECTION AGENCY HIGHLANDS ACID PIT COOPERATIVE AGREEMENT V006454-01 TEXAS WATER COMMISSION SEPTEMBER 30, 1982 TO SEPTEMBER 30, 1989 DECEMBER 1, 1989 ------- Texas Water Commission Highlands Acid Pit Cooperative Agreement V006454-01 TABLE OF CONTENTS Page No. Auditor's Report 1 Report on Internal Accounting Control 3 Report on Compliance 4 Exhibit A Texas Water Commission Statement of Costs Claimed and EPA Eligible Costs for the Period September 30, 1982 through September 30, 1989 5 Schedule A Texas Water Commission Statement of Costs Claimed, Accepted, and Questioned for the Period September 30, 1982 through September 30, 1989 6 Notes to Schedule A 7 Grantee Comments 12 ------- SUITE 406 1221 BALTIMORE AVE. KANSAS CITY, MO 64105 (816) 221-4559 CERTIFIED PUBLIC ACCOUNTANTS McBRIDE, LOCK &'ASSOCIATES INDEPENDENT AUDITOR'S REPORT Mr. Michael D. Simmons Acting Divisional Inspector General for Audits Southern Division, EPA, Suite 276 1375 Peachtree Street, N.E. Atlanta, Georgia 30309 We have audited the Statement of Costs Claimed and EPA Eligible Costs (Exhibit A) for the Texas Water Commission (TWC) under the Cooperative Agreement V006454-01 awarded September 30, 1982, for the period September 30, 1982 through September 30, 1989. The agreement provided for performing site investigation and feasibility study, remedial design, remedial action, and operation and maintenance at the Highlands Acid Pit in Harris County, Texas. This financial statement is the responsibility of the TWC's management. Our responsibility is to express an opinion on this financial statement based on our audit. We did not audit the financial statement of the Site Investigation and Feasibility phase or the Remedial Design phase of the Cooperative Agreement, which represent 6 percent and 4 percent, respectively, of the costs claimed under the agreement. Those financial statements were audited by other auditors whose report thereon has been furnished to us, and our opinion, insofar as it relates to the amounts included for those phases, is based solely on the report of the other auditors. We conducted our audit in accordance with generally accepted auditing standards and governmental auditing standards. These standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit and the report of other auditors provide a reasonable basis for our opinion. The Statement of Costs Claimed and EPA Eligible Costs (Exhibit A) was prepared on the basis of regulations and criteria established by the Environmental Protection Agency relating to EPA/State Cooperative Agreements under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980 (PL 96-510). Accordingly, Exhibit A is not intended to present financial position and results of operations in conformity with generally accepted accounting principles. As part of our examination, we determined the allowability of costs claimed as EPA eligible under the project in accordance with the provisions of the cooperative agreement and applicable Federal regulations. Schedule A sets forth the costs which we questioned in this regard and includes an explanation of the reasons such costs were questioned. ------- In our opinion, based upon our audit and the report of other auditors, subject to the affects on Exhibit A of EPA's ultimate resolution of the questionable expenditures referred to in the preceding paragraph, Exhibit A fairly presents the financial information regarding the costs claimed as EPA eligible on the basis described above and financial provisions of the cooperative agreement. This report is intended for use in connection with the cooperative agreement to which it refers and should not be used for any other purpose. McBride, Lock & Associates Kansas City, Missouri December 1, 1989 ------- SUITE 406 1221 BALTIMORE AVE. KANSAS CITY, MO 64105 (816) 221-4559 CERTIFIED PUBLIC ACCOUNTANTS McBRIDE, LOCK &'ASSOCIATES REPORT ON INTERNAL ACCOUNTING CONTROL Mr. Michael D. Simmons Acting Divisional Inspector General for Audits Southern Division, EPA, Suite 276 1375 Peachtree Street, N.E. Atlanta, Georgia 30309 We have audited the Statement of Costs Claimed and EPA Eligible Costs (Exhibit A) for the Texas Water Commission (TWC) under the Cooperative Agreement V006454-01 awarded September 30, 1982, for the period September 30, 1982 through September 30, 1989, and have issued our report thereon dated December 1, 1989. We conducted our audit in accordance with generally accepted auditing standards and Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the statement of costs claimed is free of material misstatement. The Environmental Protection Agency's OIG Manual for CERCLA Cooperative Agreements, dated August 1985, was also used as a guide for our examination. Solely to assist us in planning and performing our audit, we made a study and evaluation of the internal control structure, as related to the cooperative agreement, of the Texas Water Commission. That study and evaluation was limited to a preliminary review of the system to obtain an understanding of the control environment and the flow of transactions through the accounting system. Because the audit could be performed more efficiently through analysis and substantive audit tests, thus placing very little reliance on the internal control structure, our study and evaluation did not extend beyond this preliminary review phase. Accordingly, we do not express an opinion on the internal control structure taken as a whole. Also, our examination, made in accordance with the standards mentioned above, would not necessarily disclose material weaknesses in the internal control structure. However, during our examination we did not become aware of any conditions we believe to be material weaknesses. This report is intended for use in connection with the cooperative agreement to which it refers and should not be used for any other purpose. McBride, Lock & Associates Kansas City, Missouri December 1, 1989 ------- SUITE 406 1221 BALTIMORE AVE. KANSAS CITY, MO 64105 (816) 221-4559 CERTIFIED PUBLIC ACCOUNTANTS McBRIDE, LOCK &'ASSOCIATES REPORT ON COMPLIANCE Mr. Michael D. Simmons Acting Divisional Inspector General for Audits Southern Division, EPA, Suite 276 1375 Peachtree Street, N.E. Atlanta, Georgia 30309 We have audited the Statement of Costs Claimed and EPA Eligible Costs (Exhibit A) for the Texas Water Commission (TWC) under the Cooperative Agreement V006454-01 awarded September 30, 1982, for the period September 30, 1982 through September 30, 1989 and have issued our report thereon dated December 1, 1989. We conducted our audit in accordance with generally accepted auditing standards and Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the statement of costs claimed is free of material misstatement. The Environmental Protection Agency's OIG Manual for CERCLA Cooperative Agreements, was also used as a guide for our examination. Compliance with laws, regulations, contracts, and agreements applicable to the Texas Water Commission is the responsibility of TWC's management. As part of obtaining reasonable assurance about whether the statement of claimed costs is free of material misstatement, we performed tests of TWC's compliance with certain provisions of laws, regulations, contracts, and agreements. However, our objective was not to provide an opinion on overall compliance with such provisions. The results of our tests indicate that, with respect to the items tested, the Texas Water Commission, complied, in all material respects, with the provisions referred to in the preceding paragraph. With respect to items not tested, nothing came to our attention that caused us to believe that TWC had not complied, in all material respects, with those provisions. This report is intended for use in connection with the cooperative agreement to which it refers and should not be used for any other purpose. McBride, Lock & Associates Kansas City, Missouri December 1, 1989 ------- Exhibit A TEXAS WATER COMMISSION Highlands Acid Pit Statement of Costs Claimed and EPA Eligible Costs For the Period September 30, 1982 through September 30, 1989 Cooperative Agreement V006454-01 Project Phase Site Investigation and Feasibility Study Remedial Design Remedial Action Operation and Maintenance Claimed Accepted Questioned $ 5 394,715 228,800 ,791,215 49,877 $ 388,088 226,240 5,791,068 49,838 $ 6,627 2,560 147 39 Total Claimed Retainage Not Paid and Used as Credit Against Questioned Overhead Costs Total Project Costs Federal Share $6,464,607 7.443 $6.472.050 $6,455,234 7,443 $6.462.677 $5,877,842 $ 9,373 $ 9,373 $ 9.354 See Schedule A-l for a detail statement of costs claimed, accepted and questioned. ------- Schedule A TEXAS WATER COMMISSION Highlands Acid Pit Statement of Costs Claimed, Accepted and Questioned For the Period September 30, 1982 Through September 30, 1989 Cooperative Agreement V006454-01 Description Salaries Release Time Total Salaries Fringe Benefits Travel Equipment Supplies Contractual Construction Other Indirect Expense Total Claimed Add: Retainage Not Paid and Used As Credit Against Questioned Overhead Questioned as not $ $ Claimed 125,153 20,261 145,414 32,349 16,044 418 740 781,914 5,419,350 389 67,989 Accepted $ 125 20 $ 145 32 16 111 5,419 67 ,153 ,205 ,358 ,341 ,044 418 740 ,727 ,350 389 ,867 Eligible $ -0- 56 $ 56 8 -0- -0- -0- 9,187 -0- -0- 122 Supported $ -0- -0- $ -0- -0- -0- -0- -0- -0- -0- -0- -0- Necessary $-0- -0- $-0- -0- . -0- -0- -0- -0- -0- -0- -0- $6,464,607 $ 6,455,234 $9,373 $ -0- 7.443 7,443 -0- -0- Total Project Costs $6,472,050 $ 6,462.677 $9,373 $ -0- Federal Share Federal Funds Received Balance Due EPA $ 5,877,842* 5.880,498 $ 2,656 $-0- -0- $-0- * This amount should not be construed as being the final determination of the Federal share of accepted eligible costs. The amount may vary depending upon the resolution by EPA of questioned costs of $ 9,373. ------- TEXAS WATER COMMISSION Notes to Schedule A Note 1 - Release, Fringe and Indirect Rates T-- The $186 of ineligible questioned costs, comprised of a combination of release, fringe and indirect rate overcharges, is the result of applying final rates to the direct labor charges for the fiscal year ended August 31, 1988. The following computations detail the questioned costs pursuant to OMB Circular A-87, Attachment A, Sections A(l) and F(2)(a)(2): Description Negotiated Personnel Rate Allowable Claimed Questioned Release - Phase III $4,284 Phase IV 1,120 Total Release Time 14.75* 14.75 $ 632 165 $ 676 177 $ 44 12 56 Fringe - Phase III 4,916 Phase IV 1,285 Total Fringe Benefits 22.74 22.74 1,118 292 1,124 294 6 _2 8 Indirect - Phase III 4,916 Phase IV 1,285 Total Indirect Expense 52.15 52.15 2,563 670 2,660 695 97 25 122 Total Ineligible Questioned Cost $186 TWC Comments No comment was made. Audit Response Questioned costs of $186 should be returned to the EPA. ------- Note 2 - Audited Overhead Rates Espey: r- EPA/OIG conducted an interim audit on the Highlands Acid Pit project for the period July 1, 1983 to September 30, 1986, report number E5bG7-06-0032-71762 issued on August 25, 1987. That report presented questioned overhead costs of $7,443 on Phases I and II of the project. A Final Dispute Determination dated January 15, 1988, indicates that the $7,443 is to be disallowed and that EPA is accepting the TWC's proposal to reclaim the disallowed costs from the retainage that had accrued on the Remedial Action Phase, or Phase III of the Highlands Acid Pit Site. The Texas Water Commission has withheld the retainage. During our audit period we determined that one additional A/E invoice had been processed that was likewise subject to the final overhead rates established by the prior audit. Invoice No. 85-11-0675 reflects a period of performance of October 1, 1985 to December 21, 1985 and requested payment in the amount of $12,473. The following computation sets forth an additional $432 of questioned overhead costs: Claimed Accepted Questioned Direct Labor $ 2,523 $ 2,523 $ Benefits & Overhead Rate .2649 .2384 1 Benefit Cost $ 668 $ 601 $ 67 Direct Labor & Benefits $ 3,191 $ 3,124 $ Indirect Overhead 1.1911 1.0997 Indirect Cost $ 3.801 $ 3.436 $ 365 Total Benefits & Indirects $ 4,469 $ 4,037 $ 432 In summary, we have questioned $7,875 ($7,443 + $432) of excess Espey overhead and provided for the reinstatement of $7,443 as discussed by Note 3. Weston, Inc.: The previously mentioned EPA/OIG interim audit also set-aside $33,998 of Weston overhead billed by provisional rates for 1984 and 1985. The Defense Contract Audit Agency (DCAA) issued final audited overhead rates for these years which are less than those proposed by Weston, Inc. We also determined that during the current audit period Invoice No. 85-11-0675 was processed and ------- increased the total claimed overhead to $37,172 for this period. The application of DCAA's final rates results in $1,312 of questioned overhead as f ol1ows: Direct Final Allowable Year Labor Rate Overhead 1984 T $12,386 124.44X $15,413 1985 15,563 131.38 20,447 Allowable ' $35,860 Claimed 37.172 Questioned Overhead $ 1,312 Summary: 40 CFR, Part 35, Subpart E, Appendix D, Paragraph 2.b.(4) states that under cost plus fixed fee contracts "All direct costs, overhead, and other indirect costs claimed will be audited to determine that they are reasonable, allowable and properly supported by the consulting engineer's records." Additionally, Amendment No. 1, dated June 27, 1988 to the prime A/E Contract No. 14-60063, revised Article 5.b.l.b. to state that the overhead "rate shall be adjusted downward if the final audited rate, based on federal procurement regulations, for the period of the agreement, is less than the provisional rate." Therefore, pursuant to Appendix D, Amendment No. 1 to the Prime A/E contract and the results of the above mentioned audit, we are questioning $9,187 of overhead in excess of audit determined rates as follows: Consultant Questioned Espey - Prior Audit $7,443 - Current Audit 432 Weston (Subcontractor) 1,312 Total Questioned Overhead $9,187 TWC Comments Agreed with finding and will withhold the questioned amount from retainages due the A/E. Audit Response Questioned costs of $9,187 should be returned to the EPA. Note 3 - Resolution of Prior Audit Questioned Overhead As stated earlier, a final dispute determination set forth that previously questioned overhead costs of the prime consultant would be settled by TWC's action of reclaiming the questioned amount from a retainage due Espey on a subsequent invoice. This audit determined that TWC properly withheld and did not pay eligible A/E costs in settlement of the questioned amount. ------- For report presentation purposes the amount in question remains as a reported cost on the final FSRs for Phase I ($6,627) and Phase II (816) which is reflective of closeout submissions by TWC. At a later date, TWC reduced Phase III reported costs by $7,443 ($6,627 + $816) thereby offsetting the disallowance. Since the offset is not presented on Phase III cost reports, the audit report has adjusted the presentation of total claimed costs to incorporate the recognition of offset, thereby netting to zero the disallowance. The only audit exception taken to this methodology is that the previously questioned costs have a federal share of 100% and current reinstatement costs incorporate a 90% federal share. These procedures result in a 10% loss of federal share to EPA in the amount of $744. This loss is recaptured by this report as discussed and presented by Note 5. TWC Comments No comment. Audit Response The costs remain questioned as presented by Note 5. Note 4 - Federal Share Federal Phase Participation I 100% II 100 III 90 IV 90 Total Claimed Note 3 - Phase III Cost - 90% Federal Total Project Costs Accepted $ 388,088 226,240 5,791,068 49,838 7,443 Federal Share $ 388,088 226,240 5,211,961 44,854 6.699 Questioned $ 6,627 2,560 147 39 $6,455,234 $5,871,143 $ 9,373 $6,462,677 $5,877.842 $ 9,373 Federal Share $ 6,627 2,560 132 35 $ 9,354 $ 9,354 Note 5 - Balance Due EPA Description Note 3 - Reinstatement at lessor federal share: Questioned at 100% Federal Share Reinstated at 90% Federal Share Federal Share Due EPA Note 1 - Release, Fringe & Indirect at 90% Note 2 - Questioned overhead at 100% ($9,187 less $7,443) Total Due EPA Balance Due EPA $ 7,443 (6,699) $ 744 168 1,744 $ 2,656 10 ------- TMC Comments Agreed with finding and will withhold sufficient funds from the retainages due the A/E. Audit Response r- Amount should be returned. Note 6 - Prior Audit Disallowances As previously discussed, EPA conducted an interim audit on the Highlands Acid Pit project for the period July 1, 1983 to September 30, 1986, report number E5bG7-06-0032-71762 issued on August 25, 1987. That report presented questioned and set-aside costs of $87,000. The current audit position pertaining to each disallowance is presented below: Prior Audit Prior Audit Current Audit Description Questioned Set-Aside Resolved Questioned Note 1 - Indirect Costs $ - $19,996 $19,996 $ Notes 2 & 3 - A/E Overhead 7,443 - - 7,443 Note 4 - A/E Subcontractor ^ 59,561 58,288 1.273 Total $7,443 $79,557 $78.284 $8.716 TWC Comments Agreed with finding. Audit Response Resolution should be effected as outlined by Audit Responses to Notes 1, 2, 3, 4 and 5. 11 ------- GRANTEE COMMENTS ------- TEXAS WATER COMMISSION B. J. Wynne, HI, Chairman John E. Birdwell, Commissioner Cliff Johnson, Commissioner * John J. Vay, General Counsel Michael E. Field, Chief Hearings Examiner Brenda W. Foster, Chief Clerk Alien Beinke, Executive Director February 28, 1990 Mr. Charles H. McBride McBride, Lock & Associates Suite 406 1221 Baltimore Avenue Kansas City, MO 64105 Re: Environmental Protection Agency Highlands Acid Pit Cooperative Agreement VO06454-01 Texas Water Commission September 30, 1982 to September 30, 1989 Your December 1, 1989 Report Dear Mr. McBride: The Superfund Section of the Texas Water Commission would like to offer the following comments in reply to your above-referenced audit report in your letter of January 30, 1990. A. Independent Auditors Report No comment. B. Report on Internal Accounting Control No comment. C. Report on Compliance No comment. D. Schedule A, Statement of Costs Claimed, Accepted and Questioned Note 1 Release, Fringe and Indirect Rates No Comment Note 2; Audited Overhead Rates See Attachment 1. (Letter to Espey Huston and Associates) See Attachment 2. (Letter to Roy F. Weston Inc.) P. O. Box 13087 Capitol Station • 1700 North Congress Ave. • Austin, Texas 78711-3087 • Area Code 512/463-7830 ------- Note 3; Resolution of Prior Audit Questioned Overhead No comment. Note 4; Federal Share T. No comment. Note 5; Balance Due EPA No comment (see note 2). Note 6; Prior Audit Disallowances No comment (see note 2). Thank you for the opportunity to offer our comments to the draft report of the tentative report material of your audit review dated December 1, 1990. The Superfund Section feels that the recovery of the overpayments to Espey Huston and Roy F. Weston, Inc. will effectively address the concerns as it pertains to the consultant contract deficiencies. Sincerely, Ja,mejs A. Feeley, ChieJ Superfund and Emergency Response Section Hazardous & Solid Waste Division DE/jdh Attachments cc: Jack Carrington, Audit Manager, Office of Inspector General, U.S. Environmental Protection Agency, 1455 Ross Avenue, Room 2750, Dallas, Texas 75202-2733 Dan Eden, Director, Hazardous & Solid Waste Division Randy Cunningham, Fiscal Services Jim Fowler, Internal Audit ------- Attachment 1 Repayment of Questioned Cost Espey Huston and Associates Roy F. Weston, Inc. ------- ------- |