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HomeMy WebLinkAbout33315 / 85-42April 18, 1985 (CARRIED PURPOSE: INITIATED BY: LOST LAID OVER # 42 RESOLUTION WITHDRAWN ) APPROVE TASK ORDER WITH HNTB/SLUDGE STUDY DEPARTMENT OF PUBLIC WORKS BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached Agreement between the City of Oshkosh and Howard Needles Tammen & Bergendoff for professional services relative to the Wastewater Treatment Plant and its sludge disposal facilities is hereby approved. BE IT FURTHER RESOLVED that money for this purpose is hereby appropriated from: Account No. 919-191 - Sewer Utility - Construc- tion in Progress. I SUBMITTED EY APPROYED � m. u RESOLUTION # 42 AGREEMENT BETHEEN THE CITY OF OSHROSH IN THE STATE OF i1ISCONSIN AND HOHARD NEEDLES TAMMEN & BERGENDOFF ENGINEERS� ARCHITECTS AND PLANNERS FOR PROFESSIONAL SERVICES RELATIVE TO THE WASTENATER TREATMENT PLANT AND ITS SLUDGE DISPOSAL FACILITIES This Agreement entered into this day of ,'1985 betxeen the City of Oehkoah in the State o£ Niaconain, herein- after designated ea City and HoWard Needles Tammen & Bergendof£, a partnerahip, organized 3n accordance xith the laws of the State of Misaouri, hereinafter deaignated as Conaultant, xith o££ices at One Park Plaza� Suite 600, 1'1270 ilest Park Place, llilxaukee, Wisconsin 53224, for engineering services. AITNESSETH: FIHEREAS, the City is in need of profeasional asaistance in developing a sludge diaposal program for the wastexater treatment plant and, �: J RESOS�J7'ION # 42 iIHEREAS, the Consultant repreaenta that it ia in compliance xith the Wieconsin Statutea relating to the practice o£ engineering and aignifiee ita xillingneea to provide the desired aervicea. IN YITNESS iIHEREOF, the partiee hereto have caused thie Agreement to be ezecuted and approved on the date hereinbefore xritten by their authorized of£icera or repreaentativea. In Preaence of: HONARD NEEDLES TAMMEN 6 BERGENDOFF John W. Curtis, P.E. Harvey K. Hammond, P.E., Asaociate Principal Engineer In Presence o£: CITY OF OSHROSH STATE OF BISCONSIN Gerald F. Konrad, P.E. Ailliam D. Frueh� CITY tIANAG DIRECTOR OF PUBLIC �IORKS Donna C. Serxas, CITY CLERK (Seal ef City) I hereby certify that provisions have been made to pay the liability that xill accrue to the City o£ Oshkoah, iiisconsin, under the within contract. Approved as to form and ezecution: John H. Pence, CITY AT20RNEY Edward A. Nokes, FINANCE DZRECTO �ii.:� J '!. GENERAL 2. RESOLiJTION # 42 A. The xork under thia Agreement ehall conaist of performing thoee phaeee or portiona of xork neceesary or incidental to accompliah the deacription of xork, xhich is eleexhere herein apecified. B. Ezcept for those itema xhich are hereinafter deeignated to be furniehed bq the City, the Consultant ahall furniah all eervicea and labor necessary to conduct and complete the xork and shall furniah ell neceesary materiale, equipment, supplies, and incidentale. C. The Conaultant ehall from time to time during the *�regreae ef the xory conSer Kith the City. The Con- sultant ehall prepare and present such information and etudies as may be pertinent and necessary or as may be requested by the Cfty to enab2e it to paea critical judgment on £eaturee of the work. Following the con- ference, the Consultant ahall make euch modifications in the detail of the xork as may be £ound necessary. Hhen slternativea are being conaidered, the City shall have the right of selection. D. Con£erencea shall be held upon the request of either party hereto and visita to the site end inapection of the xork may be made at any time by such partiea. E. At the requeat of the City the Consultant during the progreas of the xork shall £urniah draft reports, maps, aketchea, eatimatee, or other data relating to the xork under this Agreement as may be required to enable the City to carry out or to proceed xith releted phasee o£ the project not covered by this Agreement, or xhich may be necessary to enable the City to furnish inSormation necessary eo that the Conaultant may proceed xith £urther wcrk. F. The Conaultant's xork x311 be available for inspection at One Park Plaza, Suite 60Q, '11270 Weat Park Place, Milxaukee, Wiaconain 53224• G. Compliance xith all of the foregoing ahall be conaidered to be xithin the purview of this Agreement and ehall not conat3tute a bsaia for additional or eztra compeneation, ezcept as otherxiae noted. DESCRIPTION OF WORK The City and the Consaltant egree to the work activitiea, xhich are to be defined in each Supplemental Task Order as approved by the City. - 83c - -T- � 3. 4• 5. � RESOLUTION # 42 Each Supplemental Task Order xill include a detailed description of the rrork ecope, the xork achedule, end payment provisiona including basis of compeneation and amount of compenastfon. THE CITY�S RESPONSIBILITIES To the eztent available, the City ehall furniah xithout charge to the Conaultant the fol2oxing: A. Existing reports, sketchee, plana, specificationa coat, and other data pertaining to the exieting facilitiea and the propoaed project. B. Existing mape of the project area. C. Exiating information pertaining to locations, eizea, and elevations of ezisting and proposed utilitiea and/or adjuatmenta, and locatione of right-of-way cornera and right-o£-Kay plana xhich may be required for the project. D. The City shall examine documents submitted by the Conaultant and shall render deciaions pertaining thereto promptly, to avoid unreasonable delay in the progreas of the Consultant's service. E. The City ehall furnish information required of it as exped3tiously as necessary for the orderly progress of the xork. PROGRESS REPORTS The Conaultant shall submit monthlp progresa reports, srhich shall present in acceptable form a record of the xork by phase accomplished by the Consultant. The report ahall also compare actua2 progress to that echeduled and ahall eaplain xhat xork ia planned for the next report3ng period. PROGRESS PAYMENTS Aa the �rork progreasea, progress payments ahall be payable monthly, sll in accordance with progress reporta eubmitted to and approved by the City, Invoicea are due and payable upon receipt. Any amount unpaid sizty daye from the date of the invoice ehall be increased at the rate of 'I� per month £or each month or part of the month the amount remaina unpaid. COMPENSATION Payment to the Consultant for all xork performed in accord- ance with thia Agreement ahall be a lump aum amount, or on the baeis of s Coat Plus a fiixed Fee as defined sa follows: � �L� RESOLU7.'ION # 42 Cost Plus a Fized Fee is defined es the eum o£: The Direct Payroll costs, the Consultant's Indirect coata, Reimburaeble Expenaea, and fized dollar fee ae eet forth in Supplemental Task Orders. Direct Payroll coeta are de£ined ea the actual ealariee paid to the empZoyeea of the Conaultent for time chargeable to the projecte. , ..� Indirect costs, rhich are defined as all the ealary-related coata and general overhead coets of the Consultant, for indirect payroll connected coata auch as sick leave, vacation, holiday, incentive pay, contributions for Social Security, employment compensation ineurance, ezcise and payroll tazea, inaurance, retirement, medical and ineurance benefits; aa3 :or general overhesd. Reimbursable expensea are in addition to compensation to the Cansultant for his direct services and include ezpenditures made by the Conaultant, his employees or hia eubconaultants in the interest o£ the project. Direct ezpenses include but are not limited to: A. Expenae af transportation, aubaistence and lodging xhen traveling in connection xith the project. B. Expense o£ all reproduction, postage and handling of draxings, speci£icatione, reports or other project- related Work products of the Consultant. C. Expense of computer time. D. Subconsultant chargea xhen authorized by the City. 7. OPINIONS OF COST The Consultant has no control over the cost of labo^, ma- terials, equipment or eervices furniahed by others, or ovez the contractor(s)' methoda of determining pricea, or over competitive bidding or market conditions. Its op3niona of prabable project coat and construction cost provided for herein are to he made on the basis o£ ita ezperience and quali£icatione and represent ita best judgment as an experi- enced and quali£ied pro£essional engineer, familiar xith the construction induatry. The Consultant cannot and does not guarentee that gropoeals, bids or actua2 project or construc- tion coat xill not vary from opinione of probable cost pre- pared by him. 8. ASSIGNABILITY The Conaultant shall not have the right to sasign or subcon- tract this Agreement, or any part or portion thereof, without having in advance of any such assignment or subcontracting the written consent of the City. - S�e - RESOLUTION # 42 9. AMENDMENTS Thie Agreement constitutea the entire agreement betxeen the partiea, and it ehall not be subject to amendment by xord of mouth or courae of dealing or practice, but ehall be amended only by a eubsequent agreement in xriting eubacribed by the parties hereto. '10. INDEMNITY The Consultant hereby convenants and agreea thet it rill indemnify and save harmleae the City againet all liability claims, actfons, jadgmenta, costs and ezpenses, rrhich may in anyrray come againat them in conaequence o£ the ezecution and perfarmance of t:is Agreement as a reault of the negligence of the Consultant and hia employees. 19. WORKER'S COMPENSATION, SOCIAL SECURITY, AND UNEMPLOYMENT TARES As betxeen the City and the Consultant, this ia intended as, and is an independent Agreement. No partner or employee of the Consultant ahall, by reason of this Agreement, become an employee of the City. The Conaultant herebq ezpresaly agrees to carry Horker�s Compensation Insurance for the benetit of his employees engaged in Kork under this Agreement, in an inaurance company duly licenaed to transact the business of Norker's Compensation in the State of Hiaconsin. The Con- sultant ahall pay, when due and paqable, the Social Security and unemployment tsaes imposed by Iax. 12. DEATH OF PARTNER In the event of the death or incapacity or inability or any other reason of any of the Partners to participate fn the performance of the work, the aurviving Partners shall complete the xork as reauired under thia Agreement. 13• TERMINATION The City reaervea the right to terminate this Agreement at any time by giving the Coneultant thirty (30) daye� xritten notice o£ auch termination, addresaed to this Milxaukee office. In the event o£ eaid termination, the City shall be lieble only for the "reaeonable value of the aervices rendered" to the date of termination and based upon fees deacribed herein, plus Termination Ezpenees, "Reasonable value o£ servicee rendered° means dollar value o£ the percentage of compensation as eet £orth herein. Termination Expenaea are defined as espenaea directly attributable to termination, plua 5% o£ the total compeneation earned to the time o£ termination to account for Conaultant's rescheduling adjustmenta, reeasignment of personnel and related costs - 83f - - 4 � RESOLUTION # 42 incurred due to termination. In the event o£ termination or completion o£ thia Agreement, all the original documents ehall be surrendered to the City by the Conaultant. '14. FINAL SETTLEMENT Unlesa the Agreement hae been terminated prior to the completion of the rrork as hereinbe£ore provided, the Agree- ment ahall be coneidered terminated upon completion and acceptance of the xork, or upon final payment therefor. The City ehall have the right and power to adjust and determine, £inally, all questions ae to the proper perform- ance of thia Agreement. Should the partiee hereto £ail to reach agreement on any queations, xhatever they may be, not inclLde3 ur.der the terns of the precedir,g paragraph, any controversy or claim arising out of or relating to this Agreement, or breach thereo£, ehall be aettled by arbitra- tion. The procedure in any arbitration proceeding or proceedings ehall be governed by the applicable provisions of Chapter 788 of the ilisconsin Statutea and acts and laws amendatory thereof and aupplemental thereto, and such arbitration provieions af the Hisconsin Arbitration Statutea. All expenses incident to any arbitration proceeding or proceedings shall be paid in equsl ahares by the parties. 15• ACCESS TO RECORDS The Consultant shall maintain all booka, documents, papers, accounting recorda and other evidence pertaining to costs incurred. Theae materiale shall be available for inspection at all reasonable times during the Agreement period and for three years from the date of final payment under the Agree- ment. Copies shall be furniahed if requested. '16. OWNERSHIP OF ENGINEERING DOCUMENTS Upon completion or termination of thia Agreement, the origi- nal plane and copiee o£ notea, studies, reports, estimatea, apecificatione, mapa, etc.. shall be delivered to and become the property of the City. Any reuee of the documents on extensions of the project or on any other project xithout the trritten permiasion of the Consultant and eny revisiona to the documents by other than the Conaultant ehall be at the City's riak and shall not conatitute any liability on the Conaul- tant. Any reuae or adaptation of the Consultant's documents occurring after the completion of thia xritten Agreement xith the Consultant ahall entitle the Consultant to further com- pensation in amounts to be agreed upon by the City and the Consultant. �'�' -5- J RESOIUTION # 42 17. ERTRA AORK In caee it is advisable or neceesary in the e:ecution o£ the work to make any alteration xhich xill increaee or diminiah the quantity of labor or material or the ezpenees of the xork, euch elteration shall not annul or vitiate the Agree- ment. The Conaultant ahall furniah the neceaeary labor, material, and engineering knoxledge to complete the xork es sltered xithin the time limit originally apecified or ae eztended by the City. Alteration in the vork under the Agreement ahall be author- ized by a xritten order from the City. when, in the opinion of the Conaultant, such order involves eztra xork for which the Conaultant in his opinion xill require added compensa- tion, the Consultant ahall submit a request in Kriting to the City requeating payment £or euch xork. The City shall reviex the Conaultant's aubmittal and, i£ acceptable, issue a letter form change order as an amendment to thia Agreement. Work under euch change order shall not proceed unless and until so authorized by the City. The basis o£ payment or credit reaulting from such altered xork ahall be made on a lump sum £ee basis. �8. NONDISCRIMINATION IN EMPLOYMENT During the performance o£ this Agreement, the Consultant, for itself, its assignees and aucceasora in interest agrees as follora: In connection with the per£ormance of xork under this Agreement, the Consultant agreea not to diacriminate againat any employee or applicant becauae o£ sex, age, race, religion, creed, color, handicap, physical condition, veteran status, or national origin. This provision shall include, but not be limited to the folloxing: employment, upgrading, demotion or tranefer; recruitment or recruitment advertiaing; layo££ or termination; rates of pay or other forme of compen- sation; and selection for training, including apprenticeship. The Consultant further agrees to take effirmative act3on to enaure equal employment opportunities for peraons with dis- abilities. The Consultant agrees to post in conspicuous placea, available for employees and applicanta for employ- ment, notices to be provided by the City, setting £orth the provisiona oY the nondiacrimination clauee. 19• EQUAL OPPORTUNITY POLICY The Consultant xill not discriminate against any employee or applicant for employment because of sez, age, race, religion, creed, color, handicap, physical condition, veteran atatua or national origin. The Consultant will take a£firmative action to ensure that applicants are employed, and that emploqees are treated during employment, xithout regard to their sex, age, race, religion, creed, color, handicap, physical condi- tion, veteran status or national origin. Such action ehall - 83h - -b- RESOLUTION # 42 include, but not be limited ta, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other £orms of compensation; and selection £or training, including apprenticeship. The Consultant agreea to post in conapicuous places, available to employees and applicsnts for employment, notices to be provided by the City eetting forth the pro- viaiona of this nondiacriminstion policy. By accepting this Agreement, the City acknowledges compliance xith Eaecutive Order �1246 of September 24, �965 and xith rulea, regulations snd orders pursuant thereto. 20. PROJECT REPRESENTATION BY THE CITY The City shall appoint a Project Coordinator xho ahall be the City's representative for the term of this Agreement. Ahen a Project Coordinator is appointed, the City ahall inform the Consultant in writing o£ the Coordinator's name, address snd telephone number. The Project Coordinator ahall h�ve com- plete suthority to transmit instructions, receive in£orms- tion, interpret and de£ine City's policies and decisions with respect to materials, equipment elements and systems perti- nent to the work covered by this Agreement. 20. PROJECT REPRESENTATION BY THE CONSULTANT Je£f M. Mazanec shall be the official representative £or the Consultant though xhom all work will be coordinated and administered. -7- CONPRO 1/Z? - 83i - J � RESOLITPION # 42 SUPPLEMENTAL TASK ORDER N0. 'I TO THE AGREEMENT DATED BETHEEN THE CITY OF OSHKOSH IN THE STATE OF NISCONSIN AND HOWARD NEEDLES TAMMEN & EERGENDOFF FOR PROFESSIONAL SERVICES RELATIVE TO THE NASTEWATER TREATMENT PLANT AND ITS SLUDGE DISPOSAL FACILITIES 'I-1.0 Purpose The purpoae of this Supplemental Task Order is to establieh acope, schedule and payment provisions for engineering services £or the sludge diaposal Feasibility Analysis and Plan Develapment. 'I-2.0 Scope The Consultant xill provide the engineering eervices under this Supplemental Task Order for the evaluation of the feasib3lity of agricultural and other aludge disposal methods, and the development of a plan for handling the disposal of sludge £rom the rastexater treatment plant. 'I-2.'I The Feasibility Analysis xill develop an economical and aimple method of sludge disposal, through: documentation o£ existing conditiona, identification of solida handling alternatives, evaluation of sludge atorage alternativea, evaluation of sludge disposal alternatives, and analyeis of the alternatives xith respect to coat and non-cost factora. 'I-2.2 The Plan Levelepment �riZl incorporate the public input trith the coat considerationa to evolve a cost- effective implementation plan. 1-3•0 Schedule The engineer3ng eervicea under this Supplemental Taek Order shall commence upon ezecution of this Supplemental Task Order and ahall be completed by February 28, '1986. - 83j - RESOLUTION # 42 1-4•0 Payment Payment to the Conaultant for all xork performed in accord- ance xith this Supplemental Task Order ehall not exceed $22,000 rithout written prior approval by the City, and shall be on the bsais o£ coat plus fixed £ee. The fized fee amount ehall be $ IN WITNESS WHEREOF, the partiea hereto have caused thie Agreement to be executed and approved on the date hereinbefore xritten by their authorized officera or repreaentatives. In Preaence of: HOWARD NEEDLES TAMMEN � BERGENDOFF JefY M. Mazanec, P.E. Harvey K. Hammond, P.E., Associate Project Manager In Presence of: CITY OF OSHKOSH STATE OF AISCONSIN Gerald F. Konrad, P.E. William D. Frueh, CITY MANAGER DIRECTOR OF PUBLIC AORKS Donna C. Serxas, CITY CLERK (Seal of City) I hereby certify that provisions have been made to pay the liability that xill accrue to the City of Oahkoah, Wisconsin, under the xithin contract. Edxard A. Nokea� FINANCE DIRECTOR Approved as to form and execution: „.,.... �. �er.ce, CiTY ATTCnN �_ 83k - .... RESOLUTION # 42 DETAILED COST FSTIMATE FOR SUPPLEMENTAL TASK ORDER N0. 1 SLUDGE DISPOSAL FEASIBILITY ANALYSIS AND PLAN DEVELOPMENT Direct Labor Deacription Principal Ehgineer Sr. Fhgineer E7igineer Technician Clerical IYirect Iabor Totals: Indirect Coats Deacription Salary Related Costs General Overhead Costs Indirect Costs Totals: Other Direct Costs Travel, �ansportation Reproduction Other Direct Costs Total: Total Estimated Coat Fixed Fee Estimate Hours 53 '180 '15E 16 21 428 Hours Ra te 0.4287 0.8598 1.2885 Totsl for Supplemental Task Order No. 'I Average Hourly Rate 25•00 �8.Q0 'I5. 00 '10.00 8.00 R Ease = 7,263 7, 263 Eatimated Cost $ '1, 325 3,240 2r370 160 168 $ 7,263 Estimated Cost $ 3.��4 6,244 $ 9,358 $ 1,500 500 $ 2,000 $'18, 622 2,793 $2�.4�5 HNTE 1]0. 0140-3�-�� 83L _ CONrRO i/2� � ,����n � � ��� � r (D �- m X� �' r � (�' c° � �: " � �_ � y ._ _.. _�,_ ,.. � �� �z � � t�r� y � ��a , an m �°c� �� 'C X �i a n �- � � � � � N GS W N r„�