HomeMy WebLinkAboutLetter of Transmittal: Vincent R Bauer- UWM CITY OF OSHKOSH
DEPARTMENT OF PUBLIC WORKS
21.5 CHURCH AVENUE, P.O.BOX 1130,OSIIKOSH,WI 54903-1130
PHONE: (920)236-5065 FAX(920)236-5068
LETTER OF TRANSMITTAL
To: Vincent R. Bauer Date: October 29, 201.8
Office of
___....__Sponsored.I' orals
Subject: Executed Agreement for
University of Wisconsin-Milwaukee ArchLae�olal Investigations for
---------------
PO Box 340 2019 CIP
Milwaukee, WI 53201
Please find: Attached ❑ Under Separate Cover
❑ Copy of Letter Contracts R Amendment F-1 Report ❑ Agenda
F] Meeting Notes ❑ Photos Mylars ❑ Change Order F-1 Plans
❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk El Other
Quantity
I Executed Agreement
............
These are being transmitted as indicated below:
❑ For Approval For Your Use ❑ As Requested E] For Review&Comment
Remarks:
Enclosed is a copy of the executed agreement for the 2019 CIP Archaeological Investigations. Please
reference Contract #201.8-40 and each individual Project Authorization numbers on all of your
invoices.
If you have any questions, please contact us.
City Clerk's Office—Original
cc: —File—Original Signed:
Tra c( . Taylor
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AGREEMENT
This AGREEMENT,made on thee" day of 2018,by and between the CITY
OF OSHKOSH,party of the first part,hereinafter referred to as CITY, and BOARD OF REGENTS OF THE
UNIVERSITY OF WISCONSIN ON BEHALF OF 'THE UNIVERSITY OF WISCONSIN-MILWAUKEE
("University"), Departinent of Anthropology-Sabin 290, PO Box 413, Milwaukee, WI 53201, party of the
second part,hereinafter referred to as the CONSULTANT,
WITNESSE71-1:
The CITY and the CONSULTANT, for the consideration hereinafter named, enter into the
following AGREEMENT for ARCHAEOLOGICAL INVESTIGATIONS FOR CALENDAR YEAR 2019
CAPITAL IMPROVEMENT PROJECTS,
ARTICLE,1. PRQJJE—C'1F.h4A—rqAGFR
A. Assignment of project Manager. The CONSULTANT shall assign the following individual to
manage the PROJECT"described in this AGREEMENT:
Jennifer R.I-laas,M.A,—Principal Investigator
B. Changes in Project Manager. The CITY shall have the right to approve or disapprove of any
proposed change from the individual named above as Project Manager. The CITY shall be provided with
a resume or other information for any proposed substitute and shall be given the opportunity to
interview that person prior to any proposed change.
ARTICLE 11. CITY REPRESENTATIVE
The CITY shall assign the following individual to manage the PROJECT described in this
AGREEMENT:
John Ferris,P.E.—Civil Engineering Supervisor
ARTICLE 111. SCOPE OF WORK
The CONSULTANT shall provide the general services described below:
• On-call consulting to the CITY for compliance with Wisconsin Statute 44.40 and 157.70;
Securing permission from the Wisconsin Historical Society, on behalf of the CITY to
construct within the burial sites as per Wisconsin Statute 157.70:
0 Conducting Phase I archaeological survey
0 Providing qualified archaeologist for monitoring during construction
0 Preparing Phase I and monitoring reports for submittal to the Wisconsin
Historical Society;
Assistance relative to Wisconsin Department of Natural Resources (WDNR) permits that
require clearance per Wisconsin Statute 44.40 and 157.70:
0 Conducting Phase I archaeological survey
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0 Providing a qualified archaeologist for monitoring during construction
0 Preparing Phase I and monitoring reports for submittal to the WDNR and the
Wisconsin Historical Society
This AGREEMENT is a General Service Master Agreement. Services needed will be detailed
further within individual task order Project Authorizations. A sample Project Authorization form is
attached to this AGREEMENT.
CITY may make or approve changes within the general Scope of Services in this AGREEMENT.If
such changes affect CONSULTANT's cost of or time required for performance of the services, an
equitable adjustment will be made through an amendment to this AGREEMENT.
All reports and tangible deliverables created under this AGREEMENT shall be the property of
the CITY. All original data shall remain the property of CONSULTANT.
ARTICLE IV. STANDARD OF CARE
The standard of care applicable to CONSULTANT's services will be the degree of skill and
diligence normally employed by professional consultants or consultants performing the same or similar
services at the time said services are performed. CONSULTANT will re-perform any services not meeting
this standard without additional compensation.
ARTICLE V. CITY RESPONSIBILITIES
The CITY shall furnish, at the CONSULTANT's request, such information as is needed by the
CONSULTANT to aid in the progress of the PROJECT, providing it is reasonably obtainable from City
records.
To prevent any unreasonable delay in the CONSULTANT's work, the CITY will examine all
reports and other documents and will make any authorizations necessary to proceed with work within a
reasonable time period.
ARTICLE VI. TIME OF COMPLETION
The work to be performed under this AGREEMENT shall be commenced and the work
completed within the time limits as agreed upon in the CONSULTANT's Project Authorization.
The CONSULTANT shall perform the services under this AGREEMENT with reasonable
diligence and expediency consistent with sound professional practices. The CITY agrees the
CONSULTANT is not responsible for damages arising directly or indirectly from any delays for causes
beyond the CONSULTANT's control. For the purposes of this AGREEMENT, such causes include, but
are not limited to, strikes or other labor disputes, severe weather disruptions or other natural disasters,
failure of performance by the CITY, or discovery of any hazardous substances or differing site conditions.
If the delays resulting from any such causes increase the time required by the CONSULTANT to perform
its services in an orderly and efficient manner, the CONSULTANT shall be entitled to an equitable
adjustment in schedule.
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ART
ICLE VII. COMPONENT PARTS-OF THE AGREEMEN'r
This AGREEMENT consists of the following component parts, all of which are as fully a part of
this AGREEMENT as if herein set out verbatim, or if not attached, as if hereto attached:
1. This Instrument
2. Individual Project Authorization Form
In the event any provision in any of the above component parts of this AGREEMENT conflicts
with any provision in any other of the component parts, the provision in the component part first
enumerated above shall govern over any other component part which follows it numerically except as
may be otherwise specifically stated,
ARTICLE VIII. PAYMENT
A. The Agreement Sum. The CITY shall pay to the CONSULTANT for the performance of
the AGREEMENT the total sum as set forth below, adjusted by any changes hereafter mutually agreed
upon in writing by the parties hereto:
0 Time and Materials Not to Exceed$20,000(Twenty Thousand Dollars).
B. Method of Payment. The CONSULTANT shall submit itemized monthly statements for
services. All Project Authorization Forms shall have a undque task code assigned. All invoices shall clearly
identify invoice amount per task code. The CITY shall pay the CONSULTANT within thirty(30)calendar
days after receipt of such statement. If any statement amount is disputed, the CITY may withhold
payment of such amount and shall provide to CONSULTANT a statement as to the reason(s) for
withholding payment.
C. Additional Costs. Costs for additional services shall be negotiated and set forth in a
written amendment to this AGREEMENT executed by both parties prior to proceeding with the work
covered under the subject amendment.
ARTICLE IX HOLD HARMLESS
To the extent authorized by the laws of the State of Wisconsin governing liability of State
agencies, including in particular Sec. 893.82 and 895.46(1) of the Wisconsin Statutes, the CONSULTANT
covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims, and
demands which may be to the proportionate extent caused by or result from the intentional or negligent
acts of the CONSULTANT,his/her agents or assigns,his/her employees, or his/her subcontractors related
however remotely to the performance of this AGREEMENT or be caused or result from any violation of
any law or administrative regulation, and shall indemnify or refund to the CITY all sums including court
costs, attorney fees, and punitive damages which the CITY may be obliged or adjudged to pay on any
such claims or demands within thirty (30) days of the date of the CITY's written demand for
indemnification or refund for those actions, claim, and demands caused by or resulting from intentional
or negligent acts as specified in this paragraph.
Subject to any limitations contained in Sec. 893.80 and any similar statute, of the Wisconsin
Statutes, the CITY further agrees to hold CONSULTANT harmless from any and all liability, including
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claims,demands,losses,costs,damages, and expenses of every kind and description(including death),or
damages to person or property arising out of re-use of the documents without consent where such
liability is founded upon or grows out of the acts or omission of any of the officers, employees or agents
of the City of Oshkosh while acting within the scope of their employment.
ARTICLE X. INSURANCE
The CONSULTANT is self-funded for liability (including general, professional, and automobile)
under Secs. 895.46, 893.82, and 20.505(2)(k) of the Wisconsin Statutes. This protection provides coverage
of the Urtiversity's officers, employees, and agents, while in the course and scope of their duties. The
State of Wisconsin Liability Program is funded to pay in excess of $1 million for negligent acts or
omissions of its officers, employees, and agents,in accordance with the statutes. Coverage is continuous
under the law.
ARTICLE XI. TERMINATION
A. For Cause. If the CONSULTANT shall fail to fulfill in timely and proper manner any of
the obligations under this AGREEMENT,the CITY shall have the right to terminate this AGREEMENT by
written notice to the CONSULTANT. In this event,the CONSULTANT shall be entitled to compensation
for any satisfactory,usable work completed.
B. For Convenience. The CITY may terminate this AGREEMENT at any time by giving
written notice to the CONSULTANT no later than ten (10) calendar days before the termination. date. If
the CITY terminates under this paragraph, then the CONSULTANT shall be entitled to compensation for
any satisfactory work performed to the date of termination.
This document and any specified attachments contain all terms and conditions of the
AGREEMENT and any alteration thereto shall be invalid unless made in writing, signed by both parties
and incorporated as an amendment to this AGREEMENT.
ARTICLE XII. RE-USE OF PROTECT DOCUMENTS
All reports, drawings, specifications, documents, and other deliverables of CONSULTANT,
whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the
PROJECT is completed or not. The CITY agrees to indemnify CONSULTANT and CONSULTANT's
officers, employees, subcontractors, and affiliated corporations from all claims, damages, losses, and
costs, including, but not limited to, litigation expenses and attorney's fees arising out of or related to the
unauthorized re-use,change,or alteration of these project documents.
ARTICLE XH.1. SUSPENSION DELAY,OR INTERRUPTION OF WORK
The CITY may suspend, delay, or interrupt the services of CONSULTANT for the convenience of
the CITY. In such event, CONSULTANT's contract price and schedule shall be equitably adjusted.
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ARTICLE XIV. NO THIRD-PARTY BENEFICIARIES
This AGREEM117NT gives no rights or benefits to anyone ether than. CITY and CONSULTANT
and has no third-party beneficiaries.
In the Presence of: CONSULTANT
By: jWAA1
(Seal of Consultant
if a Corporation.) (Specify Title) RAM
Regents
of the isty of WWW"system
(Specify Title)
CITY OF OSHKOSII
By:
1 Hess) M rk A.Rohloff, City Manage
(Witness) " ` Pamela R.Ubrig,City Clerk
APP OVER: l hereby certify that the necessary provisions
have been made to pay the liability which
will accrue under this AGREEMENT.
orney
- City Comptrollel•
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PROJECT AUTHORIZATION NUMBER
("Work Order")
Owner: Cit 1 of Oshkosh Department Public Works
Authorized Office: 215 Church Avenue,P.O.Box 1130,Oshkosh,Wisconsin 54903-1130
Owner Authorized Representative: John Ferris,P.E.,Civil Engineering Supervisor
Owner Invoicing Contact: Tracy Taylor
City of Oshkosh Department of Public Works
PO Box 1130
Oshkosh,W1 54903-1130
Telephone No.: (920)236-5065
FAX No.: (920)236-5068
E-Mail Address: ttayloi,C(!)ci.osl-il<osh.wi.tis
University of Wisconsin-Milwaukee Project Number:
City of Oshkosh Conti-act Number: Contract#
The authorizing office requires performance of the following described Services:
Form of Compensation:
Z Time and Materials Not to Exceed: $
Additional Terms and Conditions:
None
Authorized Services shall be performed in accordance with the terms and provisions of the agreement between
University of Wisconsin-Milwaukee and the City of Oshkosh, dated authorized
. This Project Authorization shall be effective only upon date of signature of an authorized
representative of the City of Oshkosh.
Board of Regents of the University of City of Oshkosh Department of Public Works
Wisconsin on behalf of the University
of Wisconsin-Milwaukee
Authorized Representative Signature Authorized Representative Signature
John Ferris,P.E.
Authorized Representative Name Authorized Representative Name
Date: Date:
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