CCR1982049.I ..
RESOLUTION #49-82
APPROVAL OF AGREEMENT WITH RUEKERT & MIELKE
TO PREPARE PLANS AND SPECIFICATIONS FOR
SEWER INTERCEPTOR
'AHEREAS, the Common Council had previously adopted Resolution
#185-76 authorizing its Engineering Firm of Ruekert & Mielke Inc., to prepare planning reports pertaining to the interceptor facilities which will serve the northeast and northwest sewer
districts, and
WHEREAS, the planning work has been completed and the MMSD
Master Facilities Plan has also been completed and approved
by the DNR and EPA. and
WHEREAS, the recommended facility plan includes an interceiitt.!r
from the existing lift station site at Lannon Drive a~id \.!wx'rs
will be constructed. From the new lift station it .tor~+.:d ,.,J .n Road, along Woods Rd. to Sandy Beach Rd where a new Ji~f't s!::LI: iun
will be constructed to the northeast lift stxtlon lie ~w:I:~:LI
north of McSbane Drive, and
WHEREAS, the engineers shall present to til! (~IIWN;~ (,'<IiiI:; j. 1 i.11:;
completed plans and specifications 1'01. SUIJIII i L. I :;I I.., i ?:<.: I l~ili
within seven months from the executiou ul L~I? c;,;,k,.r:.ic: , ::L~L#
WHEREAS, the Sewer Committee has rcccm~I~~c:~d?~.~ 1.i) til(: i:.>i~
Council approval of the agreement,
"HEREFORE, BE IT RESOLVED that the Conunon ~iJUilCi .i t~J ri;, : !,$
between the Engineering Firm of Rueke1.t k b.11 !.;A !,': it
of Muskego, does hereby approve of tbn p~,p~~,:-;~.{l :,;'.I:~.,.;::,, :lt
preparation of the plans and speciPi.l:a,t jtt~.::i ~(JI. i ;I? ~at;.-'!.~-t!~-.! !(.t.
of an interceptor, including lift stal;~~oi~:; !lnri I'L~~~~vI.~,~ !I,.~J !P:
east district treatment plant.
from the lift station on Lannon Dr. uncl Wtiod$j k:d !D LIII. n,~::il:-
BE IT FURTHER RESOLVED that the Mayor and Clerk :\pi+ mIl.!~:.v.i :,..I.~<!
to execute the agreement after approval by the Ci1.y AI;:,oI ntiy.
A
DATED THIS 23 DAY OF nm , 1982.
I \
PUBLIC SEWER COfvIJdI'IT'EE
,"- Ala. Robert Xlen#
Edwin P. Dumke /O&
City Clerk
AGREEMENT FOR ENGINEERING SERVICES
i
THIS AGREEMENT, made as of the day of .
in the year Nineteen Hundred Eighty-two. by and between the City of
Muskego, Waukesha County, Wisconsin. hereinafter called the Owner,
and Ruekert & Mielke. Inc.. Professional Engineers, having their
call ed the Engineers.
offices at 419 Frederick Street, Waukesha. Wisconsin, hereinafter
an interceptor from the existing lift station site at Lannon
Drive and Woods Road along Woods Road to Sandy Beach Road where
a new lift station will be constructed. From the new lift
station a force main will be constructed to the Northeast Dis-
trict lift sta.tion site located north of McShane Drive. The
route is described in more detail in the Facilities Plan;
WITNESSETH, that Whereas the Owner intends to construct
WHEREAS. the Owner has by resolution #185-76 of the City Council
agreed to the employment of the Engineers for and on behalf of the
Owner and by resolution k: agreed to this contract; and
UHEREAS, the Engineers agree to render such professional ser-
vices in connection with said Project for the Owner in accordance with
the terms and provisions of this Agreement.
@ ations hereinafter set forth, agree as follows:
NOW, THEREFORE, the Owner and the Engineers, for the consider-
SECTION I - BASIC SERVICES OF THE ENGINEERS
A. Prepare construction plans and specifications for the
selected alternative as outlined in the Facilities Plan.
B. Conduct field design surveys limited to those required
to perform the design and to prepare the detailed plans
and specifications.
C. Attend meetinas wlth Owner and/or Local, State and
Federal agencies
D. Submit plans and
Federal agencies
E. Advise the Owner
special 1 zed serv
specifications to Local. State and
for required approvals.
as to the necessity of obtaining
ces and if authorized by the Owner i
to procure such services.
F. Advise Owner as to the Engineer's opinion of the
probable Project cost.
6. Prepare a preliminary plan of operation as outlined in
the EPA Program Requirements Memorandum 77-3.
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SECTION I1 - OWNER'S RESPONSIBILITIES
The Owner shall have the responsibility to
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2,
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6.
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a.
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10.
11.
Assist the Engineers by placing at the
available information pertinent to thi
Guarantee access to and make all provisions for the
Engineer to enter upon public and private lands as re- m
quired for the Engineers to perform their work under
this Agreement.
Examine all reports and other documents presented by
taining thereto as requested by the Engineers within a
the Engineers and shall render in writing decisions per-
reasonable time so as not to delay the work of the
Engi neer.
Advertise for all public meetings and public hearings
and pay for all costs incident thereto.
Provide evidence of financial capability for funding
their share of the project costs.
Provide such legal, accounting and insurance counseling
services as may be required for this project.
Designate in writing a person to act as the Owner's
under this Agreement, and such person shall have complete
representative with respect to the work to be performed
obtain interpretations and definitions of the Owner's
authority to transmit instructions, receive information,
policies and decisions with respect to the work covered
by this Agreement.
Furnish permits and approvals from all governmental
authorities having jurisdiction over this project and
from others as may be necessary for completion of this
project.
Arrange to have appropriate officials and staff present
at public meetings and public hearings.
&
Provide the meeting rooms for sa
meetings.
ir disposal all e
s project
id public hearings and
Compensate the Engineer for serv
this Agreement.
ices rendered under
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SECTION 111. - PAYMENTS TO THE ENGINEERS
A. Payments for Basic Services of the Engineers under
Section I.
1. The City agrees to pay to the Engineers for the
services performed a sum equal to six (6) per-
cent of the total cost of said construction in
connection with which such services have been
performed.
2. Payments on account of said fee shall be made as
follows: the compensation for basic services
shall amount to the following percentage of the
total fee at completion of each phase of the work:
a. Preliminary, Design Phase - Twenty (20%)
b. Design Development Phase - Twenty (20%)
c. Final Design Phase - Thirty (30%)
d. Bidding Phase - Twenty (20%)
8. General
1. Project construction cost to be used as a basis
for payment shall be based on one of the follow-
ing sources with precedence in the order listed:
a. Total cost of all work performed as designed or specified by the Engineers including ma-
terials, labor and equipment.
b. The lowest acceptable bona fide contractor's
proposal.
c. The Engineers' most recent cost estimate for
the Project.
2. The Project construction cost does not include
the Engineers' fee, the cost of the land, right-
of-way, or compensation for and/or damages to
property, nor does it include the City's legal.
accounting or insurance counselling services, or
interest charges incurred in connection with the
Project.
3. If any portlon of the Project is not bid or put
under contract for a period of six (6) months
after completion of the final design phase, the
Engineers' compensation shall be based on one of
the following sources with precedence in the order
listed:
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a. Lowest acceptable bona fide Contractor's pro-
posal for such portion of the Project. 0 b. The Engineers' most recent cost estimate for
such portion of the Project.
4. No deduction shall be made from the Engineers' com-
pensation on account of penalty, liquidated damages, a
or other amounts withheld from payments to Contractors.
5. If this Agreement is terminated upon completion of
any phase of the Engineers' services, the progress
payments to be made in accordance with paragraph
111-A-2 on account of that and all prior phases
shall constitute total payment for services rendered,
if terminated during any phase of the work, the
Engineer shall be paid for services performed during
of the portion of such phase completed prior to
such phase on the basis of his reasonable estimate
termination.
6. If prior to termination of this Agreement, any work
designed or specified by the Engineers during any
phase of the work is suspended in whole or in part
written notice from the City, the Engineers shall
for more than six (6) months, or abandoned, after
be paid for services performed on account of it
prior to receipt of such notice from the City as
provided in paragraph 111-6-5 for termination during
any phase of the work.
SECTION IV - COMPLETION
The Engineer shall present to the City Council the completed
plans and specifications for submittal to the Department of
Natural Resources within seven (7) months from the execution
of this Contract.
SECTION V - GENERAL CONSIDERATIONS
A. Reuse of Documents
All documents including Drawings and Specifications fur-
nished by the Engineer pursuant to this Agreement are
instruments of their services in respect of the Project.
They are not intended or represented to be suitable for
reuse by the City or others on extensions of the Project
written veriflcation or adaptation by the Engineer wlll
or on any other project. Any reuse without specific
be at the City's sole risk and without liability or legal
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and hold harmless the Engineer from all claims, damages,
exposure to the Engineer, and the City shall indemnify
out of or resulting therefrom. Any such verification or losses and expenses including attorneys' fees arising
adaptation will entitle the Engineer to further compen-
sation at rates to be agreed upon by the City and the
Engineer.
B. Estimates
Since the Engineer has no control over the cost of labor,
materials or equipment or over Contractor(s)' methods of
determining prices. or over competitive bidding or mar-
ket conditions, their opinions of probable Project Cost
provided for herein are to be made on the basis of their
experience and qualifications and represent their best
judgement as a design professional familiar with the con-
struction industry, but the Engineer cannot and does not
will not vary from opinions of probable cost prepared by
guarantee that proposals, bids or the Construction Costs
ments to bring the Construction Cost within any limita-
them. Engineering services to modify the Contract Docu-
tion established by the City will be considered Addition-
al Services and paid for as such by the City.
C. Arbitration
All claims, counter-claims, disputes and other matters
or relating to this Agreement or the breach thereof will
in question between the parties hereto arising out of
be decided by arbitration in accordance with the Con-
struction Industry Arbitration Rules of the American
Arbitration Association.
The award rendered by the arbitrators will be final, not
subject to appeal, and judgement may be entered upon it
in any court having jurisdiction thereof.
D. Successors and Assigns
The City and the Engineers each bind themselves and their
successors, executors, administrators and assigns to the
other party of this Agreement and to the successors,
executors, administrators and assigns of such other party,
in respect to all covenants of this Agreement; neither
the City nor the Engineers shall assign, sublet or trans-
consent of the other. Nothing herein shall be construed fer thelr interest in this Agreement without the written
as creating any personal liability on the part of any
officer or agent of any public body which may be a party
hereto.
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