HomeMy WebLinkAbout31282 / 81-28April 16, 5981
R E V I S E D
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SE IT �LVED by the Conaiun Cotmcil o£ the Gi.ty of Oshkosh that
the pzoper City of£i.cials are hexeby authorized and directed to enter
into the attached Agreenents with Howard Needles T�mten 5 Bergesidoff.
hbney for this purpose is hereby appmpriated fmm the follwring:
Ac�wzt No. 863-100 - WatPr Utility 1�aintenance P�i.ng Structures and
Accoimt No. 865-100 - Water Utility Maintenance 64ater Treat�nt Stnicture.
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AGREEMENT
THE CITY OF OSHKOSH
IN WINNEBAGO COUNTY AND
THE STATE OF WISCONSIN
AND
HOWARD NEEDLES TAMMEN � BERGENDOFF
ENGINEERS, ARCHITECTS, AND PLANNERS
FOR PROFESSIONAL SERVICES RELATIVE TO
PUBLIC WATER SUPPLY REQUIREMENTS
FOR
THE CITY OF OSHKOSH
This AGREEMENT, entered into this day of , 19$1,
between the City of Oshkosh, a municipal body corporate in the
State of Wisconsin, herein designated as the City, and Howard
�leedles Tammen and Bergendoff, a partnership, organized in
accordance with the laws of the State of Missouri, herein
designated as the Consultant, with offices at 6815 West Capitol
Drive, Milwaukee, Wisconsin 53216 for consulting services.
WITNESSETH
'AHEREAS, the City is desirous of maintaining its high quality
water supply, and
WHEREAS, the City is desirous of insuring that the Water
Filtration Plant remain in good operation and repair, and
WHEREAS, the City is in need of professional engineering services
for insuring continuation of its high quality Water supply, and
WHEREAS, the City is desirous of entering into an AGREEMENT with
a full service engineering consulting firm which is qualified and
experienced to assist the City in implementing the engineering
xork as will be defined in Supplemental Task Orders, and
WHEREAS, the Consultant represents that they are in compliance
with the Wisconsin Statutes relating to the registration of
professional engineers and architects, and has signified their
willingness to furnish consulting services for the City, as
described hereinafter and in each Supplemental Task Order, and
WHEREAS, the City agrees to hereby retain the Consultant for
consulting services as hereinafter set forth, and agrees to pay
the Consultant for such services the fees as set forth in each
Approved Supplemental Task Order.
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NOW, THEREFORE, in consideration of the premises and of
mutual and dependent agreements, the parties hereto agree
forth in the follouing pages Which are annexed hereto and
part hereof.
their���
as set �
made a
IN WITNESS THEREOF, the parties hereto have caused this Agreement
to be executed the year and day belox Written by their proper
officers and representatives.
IN NITNESS WHEREOF, the parties hereto have caused this Supple—
mental Task Order No. 1 to be executed the year and the day below
Written by their proper officers and representatives.
In The Presence of:
HOWARD NEEDLES TAMMEN � BERGENDOFF
ENGIN£ERS, ARCHiTECTS � PLANNERS
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G
ohn W. Curtis, P.E. Harve C. ammond, Associate
In the Presence of:
(Seal of City)
CITY OF OSHKOSH, WISCONSIN
William D. Frueh, CITY MANAGER
CITY CLERK
I hereby certify that provisions have been made to pay the
liability that xill accrue to the City of Oshkosh, Wisconsin,
under the xithin contract.
Approved as to form
and execution:
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COMP'LROLL£
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.. GENERAL �i��
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A. The work under this Agreement shall consist of performing
those phases or portions of the study necessary or
incidental to accomplish the description of work, which
is elseNhere herein specified.
B. Except for those items which are hereinafter designated
to be furnished by the City, the Consultant shall furnish
all services and labor necessary to conduct and complete
the work and shall furnish all necessary materials,
equipment, supplies, and incidentals.
C. The Consultant shall from time to time during the
progress of the work confer with the City. They shall
prepare and present such information as may be pertinent
and necessary or as may be requested by the City to
enable it to pass critical judgment on features of the
work.
D. At the request of the City, the Consultant during the
progress of the work shall furnish information from the
study to enable the City to carry out or to proceed with
related phases of the study not covered by this Agree—
ment, or which may be necessary to enable the City to
furnish information necessary so that the Consultant may
proceed with further work.
E. The Consultant's work will be available for inspection at
6815 West Capitol Drive, Milwaukee, Wisconsin 53216.
F. Compliance with all of the foregoing shall be considered
to be within the purview of this Agreement and shall not
constitute a basis for additional or extra compensation,
except as otherwise noted.
2. DESCRIPTION OF WORK
The City and the Consultant agree to the Nork activities,
which are to be defined in each Supplemental Task Order as
approved by the City.
Each Supplemental Task Order will include a detailed des—
cription of the work scope, the work schedule, and payment
provisions including basis of compensation and amount of
_ compensation.
3• THE CITY'S RESPONSIBILZTIES
To the extent available, the City shall furnish without
charge to the Consultant the following:
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. Existing reports, maps, sketches, drawings cost estimates
and other data pertaining to the Consultant work.
B. The City shall furnish staff to assist the Consultant fn
obtaining data on grades, elevations and dimensions of
existing facilities for the orderly progress of the work.
C. The City shall examine documents submitted by the
Consultant and shall render decisions pertaining thereto
promptly, to avoid unreasonable delay in the progress of
the Consultant's service.
D. The City shall furnish information required of it as
expeditiously as necessary for the orderly progress of
the work.
�!. PROGRESS REPORTS
The Consultant shall submit monthly progress reports, which
shall 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
what xork is planned Far the next reporting period.
5. PROGRESS PAYMENTS
As the work progresses, progress payments shall be payable
monthly, all in accordance with progress reports submitted to
and approved by the City. Invoices are due and payable upon
receipt. Any amount unpaid sixty days from the date of the
invoice shall be increased at the rate of one per cent 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 be on the basis of a lump sum
amount, or on the basis of a Cost Plus a Fixed Fee as defined
as folloxs:
Cost Plus a Fixed Fee is defined as the sum of: the Direct
Payroll costs, the Consultant's Indirect costs, Reimbursable
expenses, and fixed dollar fee as set forth in Supplemental
Task Orders.
Direct Payroll costs are defined as the actual salaries paid
to the employees of the Consultant for time chargeable to the
projects.
The Consultant's Indirect Costs are defined as all salary
related and general overhead costs as allowed by Federal
Procu�ement Regulations.
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Reimbursable Expenses are in addition to compensation to the
Consultant for his direct services and include .expenditures
made by the Consultant, his_ employees or his subconsultants
in the interest of the project. Reimbursable Expenses
include but are not limited to:
A. Expense of transportation, subsistence and lodging when
traveling in connection with the project. ;
B. Expense of all reproduction, po,stage and handling of
Drawings, Specifications, reports or other project—
related uork product of the Consultant.
C. Expense of computer time including charges for proprie—
tary programs.
7. SUBCONSULTANT
When authorized by the City, the Consultant will engage the
services of appropriate subconsultants for geotechnical field
investigations and analysis or other necessary specialized
services.
8. AMENDMENTS
This Agreement constitutes the entire agreement between the
parties, and it shall not be subject to amendment by Nord of
mouth or course of dealing or practice, but sha11 be amended
only by a subsequent agreement in writing subscribed by the
parties hereto.
9. INDEMNITY
The Consultant hereby convenants and agrees that he will
indemnify and save harmless the City against all liability
claims, actions, judgments, costs and expenses, which may in
anyways come against them in consequence of the execution and
performance of this Agreement as a result of the negligence
of the Consultant and his employees.
10. WORKMEN'S COMPENSATION, SOCIAL SECURITY, AND ONEMPLOYMENT
TAXES
As between the City and the Consultant, this is intended as,
and is an independent contract. No partner or employee of
the Consultant shall, by reason of this Agreement, become an
employee of the City and the Consultant hereby expressly
agrees to carry Workmen's Compensation Insurance for the
benefit of his employees engaged in work under this contract,
in an insurance company duly licensed to transact the
business of Workmen's Compensation in the State of Wisconsin.
The Consultant shall pay, when due and payable, the Social
Security and unemployment taxes imposed by law.
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11. DEATH OF PpRTNER
/ / �
In the event of the death or incapacity or inability for any
other reason of any of the �artners to participate in the
performance of the work, the surviving Partners shall
complete the work as required under this Agreement.
12. TERMINATZON
The City reserves the right to terminate this Agreement at
any time by giving the Consultant thirty (30) days' written
notice of such termination, addressed to his 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 uQon fees
described herein." ��Reasonable value of services rendered"
mea�s dollar value of the percentage of compensation as set
forth herein. In the event of termination or completion of
this contract, all the orfginal documents shall be
surrendered to the City by the Consultant.
73. FINA� SETTLEMENT
Unless the Agreement has been terminated prior to the
completion of the work 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 and power 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
included under the terms of the preceding paragraph, any
controversy or claim arising out of or relating to this
Agreement, or breach thereof, shall be settled by arbitra—
tion.
The procedure in any arbitration proceeding or proceedings
shall be governed by the applicable provisions of Chapter 298
of the Wisconsin Statutes and aets and laws amendatory
thereof and supplemental thereto, and such arbitration
provisions of the Wisconsin Arbitration Statutes.
All expenses incident to any arbitration proceeding or
proceedings shall be paid in equal shares by the parties.
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14. NONDISCRIMINATION IN EMPLOYMENT
� / �
During the performance of this Agreement, the Consultant, for
itself, its assignees, and successors in interest, agrees as
follows:
A.
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C.
Compliance xith Regulations
The Consultant will comply with any Regulations relative
to nondiscrimination in federally—assisted programs of
the Department of the Interior, which are herein incor—
porated by reference and made a part of this Agreement.
Nondiscrimination
The Consultant, with regard to the Kork performed by them
after award and prior to completion of the work, rrill not
discriminate on the grounds of race, color, or national
origin in the selection and retention of subcontractors,
including procurements of materials and leases of
equipment. The Consultant will not participate either
directly or indirectly in the discrimination prohibited
by the Regulations, including employment practices.
Solicitations for Subcontracts, including Procurements of
Materials and Equipment
In all solicitations, either by competitive bidding
negotiation made by the Consultant for work to
performed under a subcontract, including procurements
materials or equipment, each potential subcontractor
supplier shall be notified by the Consultant of
Consultant's obligations under this Agreement relative
nondiscrimination on the grounds of race, color,
national origin.
D. Information and Reports
or
be
of
or
the
to
or
The Consultant will provide all information and reports
required by the Regulations, or orders and instruetions
issued pursuant thereto, and will per'mit access to its
books, records, accounts, other sources of information,
and its facilities as may be determined by the City to be
pertinent to ascertain compliance with such Regulations,
orders and instructions. Where any information required
of the Consultant is in the exclusive possession of
another consultant who fails or refuses to furnish this
information, the Consultant shall so certify to the City
as appropriate, and shall set forth what efforts it has
made to obtain the information.
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E. Sanetions for Noncompliance
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Zn the event of the Consultant's noncompliance with the
nondiscrimination provisions of this Agreement, the City
shall impose such sanctions as it may determine to be
appropriate, including, but not limited to:
1) Withholding of payments to the Consultant under the
Agreement until the Consultant's compliance and/or
2) Cancellation, termination, or suspension of the
Agreement in whole or in part.
15. ACCESS TO RECORDS
The Consultant shall maintain all books, documents, papers,
accounting records and other evidence pertaining to costs
incurred. These materials sha11 be available for inspection
at all reasonable times during the contract period and for
three years from the date of final payment under the con—
tract. Copies shall be furnished if requested.
16. EXTRA WORK
In case it is advisable or necessary in the execution of the
work to make any alteration which will increase or diminish
the quantity of labor or material or the expenses of the
work, such alteration shall not annul or vitiate the con—
tract. The Consultant shall furnish the necessary labor,
material, and knowledge to complete the work as altered
within the time limit originally specified or as extended by
the City.
Alteration in the work under the contract shall be authorized
by a written order from the City. When, in the opinion of
the Consultant, such order involves extra uork for which the
Consultant in his opinion xill require added compensation,
the Consultant shall submit a request in writing to the City
requesting payment for such work. The City shall review the
Consultant's submittal and, if acceptable, issue a letter
form change order as an amendment to this Agreement. Work
under such change order shall not proceed unless and until so
authorized by the City. The basis of payment or credit
resulting from such altered work shall be as set forth in the
amendment.
17. EQUAL OPPORTUNITY POLICY
The Consultant is an equal opportunity employer and does not
discriminate because of race, religion, creed, color, sex,
age, handicap, physical condition, developmental disabilities
as defined by State Statutes, veteran status, or national
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origin. By accepting this Agreement the City acknowledges
compliance With Executive Order 11246 of September 24, 1965
and with rules, regulations, and orders pursuant thereto.
18. PROJECT REPRESENTATION BY THE CITY
The City shall appoint a Project Coordinator who sha11 be the
City's representative for the term of this Agreement. When a
Project Coordinator is appointed, the City shall inform the
Consultant in writing of the Coordinator's name, address and
telephone number. The Project Coordinator shall have
complete authority to transmit instructions, receive infor—
mation, interpret and define City's policies and decisions
with respect to materials, equipment elements and systems
pertinent to the Work covered by this Agreement.
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SUPPLEMENT TASK ORDER N0. 1
TO THE
AGREEMENT DATED , BETWEEN
THE CITY OF OSHKOSH
IN THE STATE OF WISCONSIN
AND
HOWARD NEEDLES TAMMEN � BERGENDOFF
FOR PROFESSIONAL SERVICES RELATIYE TO
PUBLIC WATER SUPPLY REQUIREHENYS
FOR .
THE CITY OF OSHKOSH
1-1.0 Purpose
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The purpose of this Supplemental Task Order is to establish
scope, schedule and payment provisions for a study of the
condition oF the Water Filtration Plant to identify critical
items requiring repair and renovtion, and to develop general
recommendations for insuring long term water service to the
City. '
1-2.0 Scope
The Consultant will:
A. Meet and consult with the designated respresentative of
the City for coordinating the City's assistance on Field
investigations.
B. Assess the xater filtration plant flows, process and its
general condition to identify items requiring immediate
repair and renovation for keeping the plant funetioning
over the next fer+ years without causing unnecessary
capital investment, and develop recommendations. The
critical items to be considered include, but are not
limited to the following:
a)
D7
c)
Hydraulic condition of the raw xater transmission
main from the pretreatment basin.
Operation of loW service pumps.
Condition of lox lift, high lift, and xaste xater
meters.
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d) Adequacy of alum storage tank.
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e) Hydraulic condition of suction side of high
service pump Nos. 1 through 5.
Reviex available City records to assess the water demand
and quality requirements.
D. Evaluate broad alternatives for water supply and
treatment. including continued utilization of the
existing xater filtration plant, its modification, and
neW facilities. Recommend a program for addressing long
term xater supply and treatments requirements.
1-3•0 Schedul�
The xork under this Supplemental Task Order shall commence
upon receipt by the Consultant of an executed copy of this
Supplemental Task Order, and the Work vill be completed
xithin four months. Twenty copies of the report xill be
furnished to the City.
1-4.0 Payment
Payment for the xork defined under this Supplemental Task
Order shall be on Lump Sum basis. Total charges for this
Supplemental Task Order Nill be $10,000.00. If additional
copies of this study report are required they Will be
furnished at their reproduction cost.
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IN WITNESS WHEREOF, the parties hereto have caused this Suppl■e�
mental Task Order No. 1 to be executed the year and the day belou
vritte❑ by their proper officers and representatives.
In The Presence of:
HOWARD NEEDLES TAMMEN � BERGENDOFF
ENGINEERS, ARCHZSECTS � PLANNERS
In the Presence of:
(Seal of City)
CITY OF OSHKOSH, WISCONSIN
William D. Frueh, CITY MANAGER
CZTY CL£RK
I hereby certify that provisions have been made to pay the
liability that uill accrue to the City of Oshkosh. Wisconsin,
under the uithin contract.
Approved as to form
and execution:
CITY ATTORNEY
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COMPTROLLER
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