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Home My WebLink About32347 / 83-15,. , April 7, 1983 (CARRIED LOST LAID OVER /l15 RESULUTIO.d WITHDRAWN ) PURPOSE: AGREEMENT WITH HOWARD NEEDLES TAMMEN & BERGENDOFF FOR ENGINEERING SERVICES FOR WASTEWATER TREATMENT PLANT INITIATED BY: DEPARTMENT OF PUBLIC WORKS BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to enter into the attached agreement with Howard Needles Tammen & Bergendoff for engineering services relative to Computer System for Wastewater Treatment Plant. BE IT FURTHER RESOLVED that money for this purpose is hereby appro- priated from Account No. 919-191, Water Utility, Construction in Progress. - 32 - SUBMITTED BY LF J.i-�tiiTiTi1 � RESOLUTION # 15 HOWARO NEEOLES TAMMEN 8. BERGENOOFF March 18, 1983 Mr. Jack Schneider Department of Public Works City of Oahkosh z�5 Church Avenue Oshkosh, Hisconsin 5490t Reo Eagineering Services Relative to Computer System for Yastesrater Treatment Plant Dear Mr. Schneider: Enclosed are sia signed copies of our proposed Agreement for qour approval, of engineering services relating to a revised computer syst� at the Wastewater Treatment Plant. This proposed Agreement provides our engineering services to the Ci�y on cost plus expense basis to solicit equipment supplier proposals, aad to assist the City in the evaluation of those proposals for a revised computer system. Very truly yours, HOWARD NEEDLES TAMMEN & BERGENDOFF � ' ` �;� =}�� :L . —_("*" .� � � � G'� ' � (... ' � � �. . John W. Curtis, P.E. Principal Engineer JWC/mp Enclosures cc: Thomas Konrad v/encloaure Roger C. Ward w/enclosure HNTB No. 0740-27-01 Conpro 1/14 Arc�itecls Engineera Plannen 6815 West Ca0itol Drive, Milwaukee. Wiaconun SI214tl4 063-f310 ia�mn James F. Finn PE Paul � He�neman PE. GerarC F Fm GE. Brown:ng Crow �E Cnatles T H>nn�gan PE Eagar B. Jonnson PE Da��e' J Wa!k�,ns PE Damel J Spiga� PE John l Colron PE. Francre %. Hall PE Ro�etl S. Coma PE Dona'�d A O�O�es PE Wili,am Love AIA. William C. MerearM FE FaOen D Nrner PE. James L. Tume. Jr. PE Aa�oel�b� �arv.ei J. Appei PE RoOen W Ric�aras PE. Don R Oit PE Fretlenck h' Sterp=�: PE. RoOen B Kol�mar PE KenCall 7 L�ncolo G�q Jap F S�etl.1 PE. Robetls W. SmR�em PE Jack G T�omOSOn PE. Fic�artl D. Bec'eman GE JoM 4 Eag=n AIA. Harry D Betlossa PE Ra�ph E RoDSO� PE Cec: P Coun�s FE. Stepnen G Gotltlartl PE Harvey N. Hammona Jr PE. S:anley I Mast PE Rober; W Anna PE. Marvin C Gers�en PE Cary C GooOman 4.:. tYaeer S�erto GE GorEOn H. Sianey. Jr. PE James 0. Russeli PE Hugb E Sc�all PE Rola�C Vlatls.voqn �r PE. Ross L Jenseq Frank T. Lamm FE Ale.a-Cer F yia�a FE. Jo�n W WigM PE Tnomas K Dyer PE Ottlu� Alexanaria. VA. Atianta. GA. Baron Rouge. LN. Bos�on. MA. Cape Cora'�, FL Caspe- VfV. Cnaneston. SG Cnaneslon. WV. G�icagc iL Qeve�a�� 7H Dalias. T%. Oenver, G0. Fantieia. NJ. Mouston. T%. InCre�aOObs.IN. Kansas Qry M0. Leving;on. M0. Los An�aes. CA. Mlami. F�, Milwaukee. W I. Minneapoirs. \tN. Neu.an. DE Yew York. NY. Orlanao. FL. Ovetland Park. K5. G�iladelpn�a PA. P�oeni�. AZ. SeaVle. WA. TamOa. FL Tucsc� AZ. Tulsa. OK. Genang Malaysa, R�o de Jancv�o B�u.! - 33 - RESOLUTION # 15 AGREEMENT BETWEEN THE CITY OF OSHKOSH IN THE STATE OF F'ISCONSIN AND HOWARD NEEDLES TAMbSEN & BERGENDOFF ENGINEERS, ARCHZTECTS AND PLANNERS FOR PROFESSIONAL SERVICES RELATZVE TO COMPUTER SXSTEM FOR WASTEWATER TREATMENT PLANT This Agreemeat entered into this day of , 1983 between the City of Oshkoah in the State of Wisconsin hereinafter designated as City and Hoxazd Needles Tamaen & Bergendoff, a partnerahip, organized in accordance xith the laws of the State of Missouri, hereinafter designated as Consultant, xith offices at 6815 West Capitol Drive, Milwaukee. Wisconsin 53216, for engineering services. WITNESSETH: WHEREAS, the City is in need of professional assistance in developing a functioning computer system at the Nastexater Treatment Plant and, WHEREAS, the consulting £irm of Hoxard Needles Tammen & Bergendoff ia capable of providing the professional assistance required and is xilling to make iis aervices available. - 34 - NOW, THEREFORE, for hereinafter specified the Consultant agrees the technical service of this Agreement. RESOLUTION # 15 and in consideration af certain amounts to be paid by the City to the Consultant, to do, at its own cost and expense, all of s as hereinafter specified under the terms IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be eaecuted the year and the day hereinbefore written by their proper officers and representatives. In the Presence of: HOWARD NEEDLES TAMMEN & BERGENDOFF ENGINEERS, ARCHITECTS & PALNNERS . ,a ��.:� . -Zi-'=L_ G,.�� -�-2T_' �-, ��`4!��ily�/, John W. Curtis, P.E. Harvey • Hammond, P.E., Associate Project director In Presence of: Jack W. Schneider DIRECTOR OF PUBLIC WORKS (Sea1 of City) CITY OF OSHKOSH STATE OF YTISCONSIN William D. Frueh, CITY MAhAGER Converse C. N:arks, CITY CLERK I hereby certify that provisions have been made to pay the liability that mill accrue to the City of Oshkosh, Wisconsin, under the within contract. Approved as to form and execution: John W. Pence, CITY ATTORNEY Edxard A. Nokes, COMPTROLiER - 35 - RESOLUTZOV # 15 1. GENERAL A. The work under this Agreement shall consist of performing those phases or portions of vork necessary or incidental to accomplish the description of work, which is elsexhere herein specified. B. Except £or those items xhich are hereinafter designated to be furniahed by the City, the Consultant shall furnish all aervices and labor necessarq to conduct and complete the work and shall furnish all necessary materials, equipment, aupplies, and incidentals. C. The Consultant shall from time to time during the progress of the xork confer xith the City. The Con- aultant shall prepare and present such information and studies as may be pertinent and necessary or as may be requested by the City to enable it to psas critical judgment on features of the work. Following the con- ference, the Consultant shall make such modifications ia the detail of the work as may be found necessary. When alternatives are being considered, the City shall have the right of selection. D. Conferences sha11 be held upon the request of either party hereto and visits to the site and inspection of the vork may be made at any time by such parties. E. At the request of the City the Consultant during the progress of the work shall £urnish dra£t reports, maps, sketches, estimates, or other data relating to the work under this Agreement as may be required to enable the City to carry out or to proceed rith related phases of the project not covered by this Agreement, or which �ay De necessary to enable the City to furnish information necessary so that the Consultant may proceed with further xork. F. The Consultant's xork will be available for inspection at 6815 West Capitol Drive, Milwaukee, Wisconsin 53z16- G. Compliance vith all of the foregoing shall be considered to be within the purview of this Agreement and shall not aonstitute a basis for additional or extra compensation, except as otherwise noted. 2. DESCRIPTION OF WQRK The Consultant will provide the following engineering services for revisions to the existing computer system at the Wastexater Treatment Plant: A. Review the esisting computer system, its data base, and its input and output functions. -1- -36- RESOLUTION # 15 B. Prepare updated input and output functions for the computer system for ihe purpose of soliciting proposals from equipment suppliers, of a revised computer system. C. Evaluate the proposals received from computer equipment suppliers, and make recommendations to the City for the computer system which will meet the City's requirements. D. Provide any other services requested by the City relating to the computer system at the Wastewater Treatment Plant. These services are anticipated to be completed within four months after receipt of authorization to commence xork. 3. THE CITY'S RESPONSIBILITIES To the extent available, the City shall furnish without charge to the Consultant the followinga A. Exiating contract documents, plans, shop drawings, reports, maps, sketches, cost estimates, and other data pertaining to the proposed project. B. Existing maps of the project area, street maps, existing and proposed street cross sectiona. C. Existing information pertaining to locations, sizes, an3 elevations of existing and proposed utilities and/or adjustments, and locations of right-o:-way corners and right-of-way plans which may be required for the project. D. The City shall examine documents submitted by the Consultant and shall render decisions pertaining thereto promptly, to avoid unreasonable deley in the progress of the Consultant's service. E. The City shall expeditiously as the tiork. 4. PROGRESS REPORTS furnish information required of it as necessary for the orderly progress of The Consultant shall submit monthly progress reports, which ahall present in acceptable form a record of the work by phase accomplished by the Consultant. The report shall also compare actual progress to that scheduled and shall explain xhat vork is planned for the next reporting period. 5• PROGRESS PAYMENTS As the xork progreases, progress payments shall be payable monthly, all in accordance xith progress reports submitted to and approved by the City. Invoices are due and payable upon �� - 37 - RESOLUTION # 15 receipt. Any amount unpaid sixty days from the date of the invoice shall be increased at the rate of 1-1/2� per month for each month or part of the month the amount remains unpaid. 6. COMPENSATION Payment to the Consultant for all work performed in accord- ance with this Agreement shall not eaceed $6,000.00 vithout prior written approval by the City, and ahall be on the basis of direct labor costs times a multiple of 2.6, plus direct eapenaes. Direct labor costs are defined as actual salaries and wages paid to the employeea of the Conaultant directly attributable to the project. Direct expenses are in addition to compensation to the Consultant for his direct services and include espenditures made by the Consultant, his employees or his subconsultants in the interest o£ the projecta Direct expenses include but are not limited to: A. Expenae of transportation, subsistence and lodging xhen traveling in connection with the project. B. Expense of all reproduction, postage and handling of drawir.gs, specifications, reports or other project- related work products of the Consultant. C. Expense of computer time including charges for proprie- tary programs. 7. ASSIGNABILITY The Consultant shall not have the right to assign or sublet this Agreement, or any part or portion thereof, vithout having in advance of any such assignment or subletting the rritten consent of the City. 8. AMENDMENTS This Agreement constitute� the entire agreement between the parties, and it ahall not be subject to amendment by word of mouth or course o£ dealing or practice, but shall be amended only by a aubsequent supplemental task order agreement in xriting subscribed by the parties hereto. 9. INDEMNITY The Consultant hereby convenants and agrees that he vill indemnify and save harmless the City against all liability claims, actions, judgments, costs and expenses, which may in anywise come against them in consequence of the execution and -3- - 38 - RESOLUTION # 15 performance of this Agreement as a result of the negligence of the Consultant and his employees. 10. WORKER'S COMPENSATION, SOCIAL SECURZTY, AND UNENPLOYMENT TABES As between the City and the Consultant, this is intended as, and is an independent Agreement. No partner or employee of the Consultant shall, by reason of this Agreement, become an employee of the City. The Consultant hereby expressly agrees to carry Worker's Compensation Insurance for the benefit o£ his employees engaged in vork under this Agreement, in an inaurance company duly licensed to transact the business of Worker's Compensation in the State of Wisconsin. The Con- aultant shall pay, when due and payable, the Social Security and unemployment tases imposed by law. 11. DEATH OF PARTNER In the event of the death or incapacity or inability or any other reason of any of the Partners to participate in the performance of the rrork, the surviving Partners shall complete the xork as required under this Agreement. 72. TERMINATION The City reserves the right to terminate this Agreement at any time by giving the Consultant thirty i30) days' written notice of such termination, addressed to this Milwaukee office. In the event of said termination, the City shall be liable only for the "reasonable value of the services rendered to the date of termination and based upon fees described herein", plus Termination Expenses. "Reasonable value of services rendered" means dollar value of the percentage of compensation as set forth herein. Termination Expenses are defined as expenses directly attributable to termination, plus 5� of the total compensation earned to the time of termination to account for Consultant's rescheduling adjustments, reassignment of personnel and related costa incurred due to termination. In the event of termination or completion of this Agreement, all the original documents ahall be surrendered to the City by the Conaultant. 13. FINAI, SETTLEMENT Unless the Agreement has been terminated prior to the completion of the rrork as hereinbefore provided, the Agree- ment shall be considered terminated upon completion and acceptance of the work, or upon final payment therefor. The City shall have the right snd pover to adjust and determine, finally, all questions as to the proper perform- ance of this Agreement. Should the parties hereto fail to reach agreement on any questions, Whatever they may be, not -4- -39- included under controversy or Agreement, or tion. RESOLUTION # 15 the terms of the preceding paragraph, any claim arising out of or relating to this breach thereof, shall be settled by arbitra- The procedure in any arbitration proceeding or proceedings shall be governed by the applicable provisions of Chapter 298 of the Wisconsin Statutes and acts and laws amendatory thereof and supplemental thereto, and such arbitration provisions of the Wisconain Arbitration Statutea. All ezpenses incident to any arbitration proceeding or proceedings shall be paid in equal shares by the partiea. 74. ACCESS TO RECORDS The Consultant shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred. These materials shall be available for inapection at ell reasonable times during the Agreement period and for three years from the date of final peyment under the Agree- ment. Copies shall be furnished if requested. 15• OWNERSHIP OF ENGINEERING DOCUMENTS Upon completion or termination of this Agreement, the origi- nal plans and copies of notes, atudies, reports, estimates, specifications, maps, etc., shall be delivered to and become the property o£ the City. Any reuse of the documents on extensions of the project or on any other project without the written permission of the Consultant and any revisions to the documents by other than the Consultant shall be at the City's risk and shall not constitute any liability on the Consul- tant. Any reuse or adaptation of the Consultant's documents occurring after the completion of this written Agreement xith the Consultant shall entitle the Consultant to further com- pensation in amounts to be agreed upon by the City and the Consultant. 16. ERTRA WORK In case it is advisable or necessary in the ezecution of the xork to make any alteration xhich will increase or diminish the quantity of labor or material or the expenses of the xork, auch alteration shall not annul or vitiate the Agree- ment. The Consultant shall furnish the necessary labor, material, and engineering knoxledge to complete the xork as altered vithin the time limit originally specified or as extended by the City. Alteration in ihe work under the Agreement shall be authorized by a Written order from the City. When, in the opinion of the Consultant, such order involves extra work for Which the Consultant in his opinion will require added -5- - 40 - RESOLUTION # 15 compensation, the Consultant shall submit a request in xriting to the City requesting payment for auch work. The City shall reviex the Consultant�s submittal and, if acceptable, issue a letter form change order as an amendment to this Agreement. Work under such change ordez shall not proceed unless and until so authorized by the City. The basis of payment or credit resulting from such altered work shall be made on a lump sum fee basis. 17. NONDISCRIMINATION IN EMPLOYMENT During the performance of this Agreement, the Consultant, for itaelf, its assignees and successors in interest agrees as follorrs: In connection xith the performance of work under this Agreement, the Consultant agrees not to discriminate against any employee or applicant because of sex, age, race, religion, creed, color, handicap, physical condition, veteran status, or national origin. This provision shall include, but not be limited to the folloving: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compen- sation; and selection for training, including apprenticeship. The Consultant further agrees to take a£firmative action to ensure equal employment opportunities for persons vith dis- abilitiea. The Conaultant agrees to post in conspicuous places, available for employees and applicants for employ- ment, notices to be provided by the City, setting forth the provisions of the nondiscrimination clause. 18. EQUAL OPPORTUNITY POLICY The Consultant xill not discriminate against any employee or applicant for employment because of sex, age, race, religion, creed, color, handicap, physical condition, veteran status or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their sex, age, race, religion, creed, color, handicap, physical condi- tion, veteran status or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, dec�otion, or transfer; recruitment or recruitment advertising; lsyoff or termination; rates of pay or other forms of compensation; and aelection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City aetting forth the pro- visions of this nondiscrimination policp. By accepting this Agreement, the City acknoxledges compliance vith Executive Order 11246 of September 24, 1965 and vith rules, regulations and orders pursuant thereto. � - �l - RESOLUTION # 15 19. PROJECT REPRESENTATION BY THE CITY The City shall eppoint a Project Coordinator xho shall be the City's representative for the term of this Agreement. When a Project Coordinator is appointed, the City shall in£orm the Consultant in xriting of the Coordinator's name, address and telephone number. The Project Coordinator shall have com- plete authority to tranamit instructiona, receive iaforma- tion, interpret and define City's policies and decisions with respect to materials, equipment elements and systems perti- nent to the vork covered by this Agreement. 20. PROJECT REPRESENTRTION BY THE CONSULTANT John W. Curtis ahall be the o£Yicial representative for the Consultant through whom the work xill be coordinated and administered. HNTB No. 0140-27-01 Conpro 1 /7 3 -7- - �2 - c�� a � N• ro o cr �$ ct �C F'• F'• I—' O �n� � � .. m � n x� � y n �o 0 � � W a a 0 ro cr 9 � � � � �Mxz m � � m �r w o N t�7 �3 F� � � � � w�zN m�co 0 n m c o � � o. �3 '1 F-' M 'i F'• (D O ��s w ov ct H y N � �� 5 "a � c* C � � N• � � 'd c� m N m sz� � p� cn c-r � Cd cr �h N � O y F-�• '3 W� .��t' � ¢ 0 �s M �.ti/ � � � � � � � vt