HomeMy WebLinkAboutUWM Board of Regents_Archaeological InvestigationsCITY OF OSHKOSH
DEPARTMENT OF PUBLIC WORKS
215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, WI 54903-1130
PHONE: (920)236-5065 FAX (920)236-5068
LETTER OF TRANSMITTAL
To: Ms. Jennifer Haas, M.A. Date: October 15, 2014
University of Wisconsin-Milwaukee Sub'ect: Executed Agreement
Dept. of Anthropology-Sabin 290 Archaeological Investigations
PO Box 413 Contract 14-08
Miiwaukee, WI 53201
Please find:Attached Under Separate Cover
Copy of Letter Contracts Amendment Report Agenda
Meeting Notes Photos Mylars Change Order Plans
Specifications Estimates Diskette Zip Disk Other
Quantit Description
1 Executed A reement
These are being transmitted as indicated below:
For Approval For Your Use As Requested For Review 8 Comment
Remarks:
Enclosed is a copy of the executed agreement for archaeological investigation services. A City ofOshkoshPurchaseOrderwillfollowshortly. Please reference this Purchase Order number on all of
your invoices.
lf you have any questions, please contact us.
City Attorney's Office—Copy
City Clerk's Office— Original
cc: _ File —Original Signed:
Trac . T lor
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a
A GREEMENT
7
This AGREEMENT, made on the `T day of o btr 20 4, by
and between the CiTY OF OSHKOSH, party of fhe first par#, hereinafter referred to as
CITY, and BOARD F REGENTS 4F THE UNlVERSITY OF WISCONSfN ON
BEHALF OF THE UNIVERSITY F jIVISCONSfN-MILWAUKEE ("University"),
Department of Anthropology-Sabin 290, PO Box 413, Milwaukee, WI 53201, party of
the second part, hereinaf#sr referred to as the CONSULTANT,
WITNESSETH:
That the CITY and the C NSUL.TANT, for the cansideration hereina#ter named,
enter into the foflowing AGREEMENT #orARCHAEOLOGICAL INVEST1GATfONS OR
LAKE BUTTE DES MORTS DR1VE, RYF ROAD, & EDGEWOOD ROAD.
ARTICLE 1: PROJECT MANAGER
A. Assignment of Project Manager. The CONSULTANT shall assign the
following individual #o manage th PR JECT described in this AGREEMENT:
Jennifer R. Haas, M:A. — Principal Investigator
B. Changes in Project Manager. The CfTY shall have t e right to approve or
disapprave of any proposed change fram the individual named above as Project
Manager. The CfTY shall be provided with a resume or ather inforrr ation for any
proposed substitute and shall be given the oppor#unity to nterview #hat person prior to
any proposed change.
ARTICLE I1. CITY REPRESENTATiVE
The CITY shal( assign the following individual to ma age the PR JECT
described in this AGREEMENT:
James Rabe, P.E., CPESC — Civil Engineering Supervisor
ARTfCLE I[I. SCOPE OF WORK
The CONSULTANT shall provide the services described in the CONSULTANT's
Proposal. CITY may make or approve changes within the general Scope of Services in
this AGREEMENT. If such changes afifiect CONSUL.TANT's cost of o time required for
performance of #he services, an equitable adjustment will be made through an
amendment to this AGREEMENT.
Aff reports, drawings, specifications, computer files, field data, notes, and other
documents and instruments prepared by the CONSULTANT as instruments of service
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Data") shall remain the property of the CITY; provided, however, tha# CONSULTANT
sha(I and hereby does receive a non-exclusive, sub-licensable, perpetual, royalty-free,
fufly-paid, irrevocable, worldwide right and license to use, make, have made, distribute,
rep oduce, duplica#e, utilize, and operafe the Data for academic, research, and
educational purposes.
ARTICLE IV. STANDARD O CARE
The standard of care applicable to CONSULTANT's services wilf be the degree
of skill and diligence narma[ly em loyed by professional consultants or consuftants
performing the same or similar services at the time said services are pe formed.
CONSULTANT will re-perform any services not meeting this standard withaut addition l
com ensatian.
ARTfCL.E V. C1TY RESPONSIBILITIES
The CITY sha[I furnish, at the CONSULTANT's request, such information as is
needed by the CONSULTANT to aid in the progress of the PROJECT, roviding it is
reasonably obtainable #rflrn City recards.
To prevent any unreasonab[e delay in fhe CONSULTANT's work, the CITY will
examine all reports and other documents and wil[ make any authorizations necessary to
proceed wifh work w thin a reasonable time period.
ARTICLE V[. TfME OF COMPLETi N
The work to be perFarmed under this AGREEMENT shall be commenced and the
work complefed within the time limits as agreed upon in the CONSULTANT's Proposal.
The CONSULTANT shall perform the services under this AGREEMENT with
easonable diligence and expediency consistent with sound professional practices. The
CITY agrees that the CONSULTANT is not responsib(e for damages arising directly or
indirectly from any delays for causes beyond the CONSU TANT's cantrol. or the
purposes of this AGREEMENT, such causes include, but are not limited to, strikes or
ather labor disputes, sev re weather disruptions or other natural disasters, failure of
performance by the CITY, or discovery of any hazardous substances or diffiering site
conditions. If the delays resulting from any such causes increase the time required by
he CONSULTANT to perform its services in an orderly a d efficient manner, #he
CONSULTANT shali be entitled ta an eguitable adjustment in schedule.
ARTICLE VII, COMPONENT PARTS OF THE AGREEMENT
This AGREEMENT consists of the following component parts, all of which are as
fully a part ofi this AGREEMENT as if herein set out verbatim, or if nof attached, as if
hereto attached:
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1. This instrument
2. CONSULTANT's Proposal dated October 7, 2094 and aftached hereto
n the event that any provision in any of the above componertt parts of this
AGREEMENT conflicts with any provision in any other of the component parts, the
provision in the camponent part first enumerated above sha[1 govern over any other
component part which follows it numerically except as may be ofherwise specifiically
stated.
ARTICLE Vill. PAYMENT
A. The Agreement Sum. Tf e CITY shall pay fo the CONSULTANT for the
performance of the AGREEMENT the total sum as sef #or h e[aw, adjusted by any
changes hereafter mutually agreed upon in writing by the parfies hereto:
Time and Ma#erials Not fo Exceed $1,030 (One Thousand Thirty Dol(ars).
B. Method of Payment. The C NSULTANT shall submit itemized monthly
sfatements for services. The CITY shafl pay the CONSULTANT within thirty {30)
calendar days after receipt of such statement. !f any statement amount is disputed, the
CfTY rnay withho[d payment of such amount and shall provide to CONSULTANT a
statement as to the reason(s) for withhofding payment.
C. Additional Costs. Costs #or additional seryices shal[ be negotiated and set
forth in a written amendment to this AGREEMENT executed by both parfies priar to
proceeding with the wor{c covered under the subject amendment.
ARTICLE !X. HOLD HARMLESS
To the extent authorized by the laws of #he State of Wisconsin governing liability
of Stafe agencies, including in particular Sec. 893.82 and 895.46(1) of the Wisconsin
Sta#utes, the CONSULTANT covenants and agrees to protect and hold the City o#
Oshkosh harm3ess against a(I actions, ciaims, and demands which may be to the
propo tionate exten# caused y or result from the intentional r 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 ar be caused or
resuit from any violation of any iaw or administrative regulation, and sha(1 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 thirfy (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 intenfional or
negligent acts as specified fi this paragraph.
Subject to any limitations antained in Sec. 893.80 and any similar statute, of the
Wisconsin Statutes, the CITY further agrees to ho{d CONSULTANT harmless from any
and al1 liability, including claims, demands, losses, costs, damages, and expenses of
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every kind and description (including death), or damages to person or property arising
out of re-use of fhe documents without consent where such liability is founded upon or
graws out of the acts or omissian of any of the officers, emplayees or agents of#he City
of Oshkosh while acting withfn the scope o#their employmenf.
ARTfCLE X. lNSURANCE
The CONSULTANT is seff-funded for liabifity (mcluding genera[, professional,
and automobile) under Secs. 895,46, 893.82, and 20.505(2)(k) of the Wisconsin
Statutes. This protection provides coverage of ti e University`s officers, empfoyees, and
agents, while in the course and scope of their duties. The State of Wisconsin Liabili#y
Program is funded ta pay in excess of $1 million for negligent acts or omissions of its
officers, employees, and agenfs, in accordance with the statutes. Coverage is
canfinuous under the law.
ARTICLE Xf. TERMINATION
A. For Cause, If the C NSULTANT sY al3 fail to fu[fiili in timely and proper
manner any of the ob{igations under this AGREEMENT, the C1TY shall have the right to
ferminate this AGREEM NT by written notice to the CONSULTANT, In this event, the
CONSULTANT shalf be entitled to campensation for any satisfactory, usable work
comp[eted.
B. For Convenien e, T s C[TY may terminate th€s AGREEMENT at any time
by giving written notice fo the CONSULTANT no la#er than ten (10) calendar days
before the termination date. If fhe CITY terminates under this paragraph, #hen the
CONSULTANT shall be entitled to compensation for any satisfactory wark perFormed to
the date o#terminatian,
This dacument and any speci#ied attachments cantain al( terms and conditions of
the AGREEMENT and any alteration theretfl shal[ be invalid unless made in writing,
signed by both parties and incorporated as an amendment to this AGREEMENT.
ARTfCLE Xll. RE-USE OF PROJECT DOCUMENTS
All reports, drawings, specificafions, documents, and other deliverables of
CONSUL.TANT, whether in hard copy or in electronic form, are instruments of service
for this PROJECT, whether the PROJECT is completed or not. CITY agraes to
indemnify CONSULTANT and CONSULTANT's officers, employees, subcontractors,
and affiliated corporations from al[ claims, damages, losses, and casts, including, but
not limited to, iitigation expenses and attorney's fees arising out of or related to the
unauthorized re-use, cha ge, or alteration of these project documents.
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ARTICLE Xll( SUSPENSION DELAY OR INTERRUPTION OF WORK
CITY may suspend, delay, or interrupt the services of CONSULTANT for the
convenience of CITY. In such event, CONSULTANT's contract price and schedule shall
be equitably adjusted.
ARTICLE XIV. NO TH1RD-PARTY BENEFICIARIES
This AGREEMENT gives no rights or benefits to anyone other than C[TY and
CONSULTANT and has no hird-party beneficiaries.
In fhe Presence of: CONSULTANT
Sy: , 1`
OCT - ?F
Seal of Consultant Specify TR,as R.Marcussen
if a Corporation.DIRECTOR
OFFICE OF SPONSORED PROGRAMS
On behalf of the Board of Regents
Sy;
oard of Regents of Th
d,'+i-c n ir sterr
5 `r Wisconsin-ONilwauk
P 0 Box 340
ilwaukee, WI 53201
CITY OF SHKOSH
Jc.: c.-I, By; a J6—Ka
VVitness} Mar A. Rohloff, City Manager
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UWM Cultural Resource Managernent Hep+yb peVMfklr N!PaN
Sabin H ll,Rm 290
3413 I'.I oftinicr Az c
fil•aukee,ll'I
5321i-0413
414 229-3078 phaie
414 229-5848 fax
Jatnes Rabe
City of Oshkosh
215 Churct Ave,PO Box I 130
Oshkosl,WI54903-1130
October 7,2014
R: U«M-CR1YI2014-441
WisDNR Permit Issue
Archaeological Invcstigatious for LaIze Butfe des Morts Drive,Ryf Roacl &c3getivaod Road
City of Oshlcosii,'Vi uie ago County,Wisco isin
Dear Mr.Rabe,
The Board of Regents of the University of 4 iscausin System througi tiie Cultural Resource Management
services(Departuient of Antluopology}af the University of tiVisconsin-Mil vaukee(UWM)proposes to
pF ovide archaeological investigation services to tlie City of Oshkosh.
f lllt l01'1'
A WisDNR Storrn vater Discha ge Permit {FIN 51727} is ueeded, One archaeological site is reported
wifhici the project a ea, 47WN0165 {Gi•undy). Site 47WNO1G5 defuies a carnpsitc/village of au Otleota
affiliation. The Wisconsin DNR is requesting,pursuant to Wisconsin Statute 44,44,additional;eseai ch to
determine whether the permit action will i upact the archaeological site.
Scope of Services
Work conducted under this proposal vill folio v g iidelines promulgateci by the Visconsin Archeological
Survey in the Garide for Prrblic 4rchaeodogy ifa Wiscottsin, as Revised.
The work will assess,fhrougli archival research and ield investigatioizs,whetiler any evidence of site
47V N01 GS is vit1 in the project area.The fieid suivey vill visually inspect the project area and collect
subsurface data through shovel testing 1nd/or hand soil coring,
Reportuig vill consist of the follo ving:
A short teclviical report detailing the res iIts of tlie archaeological study(for DNR);
Completion of an upciated Arcl aeological Site Inventoiy(ASI)foi7ii;and
Completi n of n Archaeological Iiiventory Reports fonn.
Project Team
Jennifer R,Haas,M.A.,Prii cipal Trivestigator
Ricky Kubicek,M.S.,Arciiaeologist
Ul'l1 1
CRLI
2014-44I City of Oshkosh October 7,2014
Orgai izational Capabilities
The Culhn•al Resoui•ce Management prograin is housed in tl e UWM chaeological Rcsearci Laboratory
ARL)on UWM's campus in Sabin Hall.The Cultui-1 Resource Mai agemeut progr un has been
providing cult iral resot rce management services to private,state,and federal clieuts since 1974.The
ARi,provides space for UWM-CRM offices,matei als processing, sample preparation and aualysis, and
curation of archaeological materials. In addition,the ARL maiutains a Fvide variety of fiefd and laborato y
equipment including vchicIes,excavation gear,and computing facilities. Specialized facilities include a
cartographic sh dio,darlcroom,soils Iab,and comparative fautial and floral collections.All the facilities of
UWM's Arcl aeological Research Laboratoiy are available for use iti support of the proposed projecf.
Cuj•atio»
Archaeoiogical materials held by University of Wisco isin-Milwattkee Archaeological Researc3y
Laboratory(ARL)are curated iu a 2400 square foot,dedicated curatiou facility.The curation facility is
com liant vith federal regalations as outlined in Standards rrnd Gui eli tes far Ci.rration of Fe]erally-
otivned attd Ad ni z.istered Arcll.eological Collectiorrs(36 CFR 79). Items acquired tl rough sponsored
research by UWM personnel are c rated at no additional charge.Curatiou of materials generated by non-
UWM rescarchers is accomplished through extramural coi tracts administered by Historic Resource
Management Services.
Costs
The attached budget proposal includes projecked salaries,travel expenses and supply costs associated s itli
the proposed level of field ar d reparting. I i adclition,U TVIvI req«ires each fiu ded p-oject to recover tlie
costs of persor iel related expenses under the 4 eading of Fringe Benefits. The cost of pl ysical plant
maintetiance and conh•act adminish ation are recovered under tl e heacling of Indirect Costs.TJ i-CRM
doas not charge pro t an fiinded projects.The cost assumes that no archaeological sites will be
encountered during fhe u vestigations and that no more tl an ten properties will reqUire survey.The cost is
providcd as Attacliinent 1.
As al vays,if tiiere are questions or coucerns regarding the scope of vork, or to furtlier discuss tiie
project,please do not hasitate to contact me at(414}229-3078 or at haasjr rr,nvm.edu,
Sincerely,
i--- ,-
Jennifer R.Haas,M.A,
Principal Investigator
2 .
University of Wisoonsin-Milwaukee
Culfural Resource Management Services
BUDGET ES7lkNATE 2094-441
WisDNR Permif lssue#or Lake Butke des Morts,Ryf Road,and Edgewood Road,
City of Oshkosh,Winnebago Couniy
October 2014
DIRECT COSTS
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A: SALARlES&WA6ES
PfRSONNEL
Senior LTE Students
TASK Title hr Hrs Total$ Title $/hr Hrs 7otal$ Title Jhr Hrs Total$
Coordinaflon Princlpallnv. 28.9 2 $58 0 0
Administration Archaeologist 20,2 0 Res.Asso< 17 0
Arch Hist.20,2 0
Archaeological Principal Inv. 0 Supvsr 1 17 0 Supvsr 1 0
Investigations ProJ,Mgr 23.5 16 $376 Suprvsr 2 0 Suprvsr 2 0
Archaeologist 20.2 0 Tech 1 I7 4 $68 Tech 1 0
Report 0 Tech 2 15 fl Tech 2 0
0 Tech 3 0 7ech 3 0
Architectural/ Principal Inv. 28.9 0 Supvsr 1 0 Supvsr 1 0
Historfcai Arch,Hist. 20,2 o Suprvsr 2 0 Suprvsr 2 0
InvesYlgations 0 GIS Tech 17 0 Tech 1 0
Report 0 Tech 2 0 Tech 2 0
0 Tech 3 0 Tech 3 0
SUBTOTAL LA80R$434 68
T'
TOTALLABOft$ 502
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8: FRINGE BENEFITS`•
34.85%of Senlor Personnel 1S1
1434%of LTE Personnel 10
4.1%of Student Personnel 0
TOTAI FRINGE BENEFITS _ 161
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C SUPPLIES&EXPENSES
Supplies 25
Meals 1 person day @$3$/day 38
Lodg3ng 1 person day @$70/day 70
Vehicle Renta)&Gasoline 100
TOTAL SUPALIES 233
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D 70TAL DiRECT CO5T5 A+B+C} 896
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