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HomeMy WebLinkAboutBoard of Regents of the University of WisconsinCITY OF OSHKOSH DEPARTMENT OF PUBLIC WORKS 215 CHURCH AVENUE, P.O. BOX 1730, OSHKOSH, WI 54903-1130 PHONE: (920) 236-5065 FAX (920) 236-5068 LETTER OF TRANSMITTAL To: Ms. Jessica Stroud Date: December 18, 2015 University of Wisconsin-Milwaukee Sub�ect: Executed Agreement Office of Sponsored Programs Archaeological Investigations for Mitcheil Hall, Room 273 2016 CIP Milwaukee, WI 53211 Please find: � AtWChed ❑ Under Separote Cover ❑ Copy of Letter � Contrects ❑ Amendment ❑ Report ❑ Agenda ❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans ❑ Specifcations ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ Other These are being transmitted as indicated below: � For Approval � For Your Use ❑ As Requested ❑ For Review & Comment Remarks: Enclosed is a copy of the executed agreement for the 2016 CIP archaeological investigations. A City of Oshkosh Purchase Order will follow shortty. Please reference this Purchase Order number on all of your invoices. If you have any questions, please contact us. City Clerk's Office — Original cc: _ File—Original Signed: Tracy L. ylor � � I�EnO�^0ennp�201fi COMFACTSWrc�eolapiul Revlew Lon�recpUWM LOLESecWeE ABreemen� II-1615 tloa AGREEMENT This AGREEMENT, made on the �'11day of �fXh-'� , 2015, 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"), Department of Anthropology-Sabin 290, PO Box 413, Milwaukee, WI 53201, party of the second part, hereinafter referred to as the CONSULTANT, WITNESSETH: That the CITY and the CONSULTANT, for the consideration hereinafter named, enter into the following AGREEMENT for ARCHAEOLOGICAL INVESTIGATIONS FOR CALENDAR YEAR 2016 CAPITAL IMPROVEMENT PROJECTS. ARTICLEI.PROJECT MANAGER A. Assignmenl of Project Manager. The CONSULTANT shall assign the following individual lo manage the PROJECT described in this AGREEMENT: Jennifer R. Haas, 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 II. CITY REPRESENTATIVE The CITY shall assign the following individual to manage lhe PROJECT described in this AGREEMENT: James Rabe, P.E., CPESC — Director of Public Works ARTICLE III. 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: � o Conducting Phase I archaeological survey o Providing qualified archaeologist for monitoring during construction o 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 15770: o Conducting Phase I archaeological survey o Providing a qualified archaeologist for monitoring during construction c��qo-�nrip�oisconrancrsw�neoioe��iRe���'co�o-Miwwmnqre��� ii-ii-isaor.. Page 1 of5 Preparing Phase I and monitoring reports for submittal.to the WDNR and the Wisconsin Historical Society These services will be detailed further within individual Project Authorizations. Prqect 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 reporis and tangible deliverebles created under this AGREEMENT shall be the property of the GTY. 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 CONSULTANTs 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 Projec[Authorization. The CONSULTANT shall pertorm the services under this AGREEMENT with reasonable diligence and expediency consistent with sound professional practices. The CITY agrees that the CONSULTANT is not responsible for damages arising diredly or indirectly from any delays for causes beyond the CONSULTANT's control. For the purposes of this AGREEMENT, such causes indude, 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 drffering 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. ARTICLE VII. COMPONENT PARTS OF THE AGREEMENT 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 c��q�re�mg,zois cor+rancrsurmeoiopo-ai a�iew comraaurvan nereame�� n-i i-is oo�. Page 2 of 5 Individual Project Authorization Form In the event that 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 specificaily stated. ARTICLE VIII. PAYMENT A. The Agreement Sum. The CITY shall pay to the CONSULTANT for the performance of ihe AGREEMENT the total sum as set forth below, adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto: Time and Materials Not to Ezceed $20,000 (Twenty Thousand Dollars). B. Method of Payment. The CONSULTANT shall submit itemized monthly statements for services. All Project Authorization Porms shall have a unique task code assigned. All invoices shall clearly identify invoice amount per task code. The CITY shall pay the CONSULTANT within thirty (30) calendar days aker 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 ezecuted by both parties prior to proceeding with the work covered under the subject amendment. ARTICLE IX. HOLD HARMLESS To the eMent 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 lhe 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, attomey fees, and punitive damages which the CITY may be obiiged or adjudged to pay on any such claims or demantls 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. r�E�pi�ri�ois Cor�ranc.swmeoio0o-ei ae�tw comrx�uwm np,a��� i i-ii-is mra Page 3 of 5 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 claims, demands, losses, costs, damages, and ezpenses of every kind and description (induding dealh), 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 CONSUITANT 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 University'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 iis 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 PROJECT 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. GITY agrees to indemnify CONSULTANT and CONSULTANT's officers, employees, subcontrectors, and affliated corporations from all daims, damages, losses, and costs, induding, but not limited tq litigation ezpenses and attorney's fees arising out of or related to the unauthorized re-use, change, or alteration of these project documents. ARTICLE XIII. SUSPENSION. DELAY. OR INTERRUPTION OF WORK CITY may suspend, delay, or interrupt the services of CONSULTANT for the comenience of CITY. In such event, CONSULTANT's contrad price and schedule shall be equitably adjusted. e��a�re«i�zois coxrw,crsv�n�mas��i ae.�e„ c�vanwwm nt��me�� n.i vis e�. Page 4 of 5 ARTICLE XIV. NO THIRD-PARTY BENEFICIARIES This AGREEMENT gives no rights or benefts to anyone other than CITY and CONSULTANT and has no third-party beneficiaries. In the Presence of: CONSULTANT (\�-� gY: l�Ll F..�- /p/3/2olS `?— Ronald Fleischmann (Seal of Consultant Associate Direcror if a Corporation.) O�{&e��Vk'1pN80RED PROGRAMS On bahaH ot Ne BOeM M RegeMe of Me Univercity W WI�mnYln SY¢bm BY: (Witness) (Witness) (Specify Title) CITY OF OSHKOSH By: /y��"li% Mar A. Rohloff, City Manager . � And: ��X�' ��.��E��: W�"Yl Pamela R. Ubrig, City Clerk / APPROVED: I hereby certify that the necessary provisions � have been made to pay the liability which wiil accrue under this AGREEMENT. t t rney �CQCL�nnnrn City Comptroller ne����� n-n-isa� Page 5 of 5 PROJECT AUTHORIZATION NUMBER ("Work Order") Owner: Citv of Oshkosh Department Public Works Authonzed Office: 215 Church Avenue P.O. Box 1130 Oshkosh Wisconsin 54903-1130 OwnerAuthonzed Representative: James Rabe P.E. CPESC Director of Public Works Owner Invoicing Contact: Tracy Taylor City of Oshkosh Department of Public Works PO Box 1130 Oshkosh, WI 54903-1130 Telephone No.(920)236-5065 FAX Na.(920)236-5068 E-Mail Address ttavlor(c�i ci.oshkosh.wi.us University of Wisconsin-Milwaukee Project Number: City of Oshkosh Purchase Order Number: PO # The authorizing offce requires performance of the following described Services: Form of Compensation: � Time and Materials Not to Exceed: $ Additional Tertns and Conditions: None Authorized Services shall be performed in accordance with the terms and provisions of the agreement behveen University of Wisconsin-Milwaukee and the City of Oshkosh, dated authorized . This Project Authorization shall be effective onty upon date of signature of an authorized representa[ive of the City of Oshkosh. Board of Regents of the Universiry of City of Oshkosh Department of Public Works Wisconsin on behalf of the Universiry of Wisconsin-Milwaukee Authorized Representative Signature Authorized Representative Signature - James Rabe, PE, CPESC Authorized Representative Name Authorized Representative Name Date: Date: uerq�r�n�q�zoismKrrucrswmaoios�iAa.ie»'comraaumm�aer�m.eiaoearoia�m n-iv Page 1 of 1 isaa.