CCR1993085COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #85-93
APPROVAL OF AGREEMENT BETWEEN CITY OF MUSKEGO, CAROL J. DEBACK,
CATS NATIONWIDE, INC., AND JOSEPH A. AND MARIE J. SANTI AS TO
AND QMC, INC. AS TO JOBS GUARANTEE
EXTENSION OF ENTERPRISE DRIVE
WHEREAS, the City has agreed, with adoption of Resolution
#252-92, to participate in the funding for the extension of
Enterprise Drive to the western edge of the Industrial Park; and
WHEREAS, the City has also agreed in concept, with the adoption
water service to the end of the City's industrial land not to
of Resolution #267-92 of the extension of Enterprise Drive and
exceed $55,000, with funds to be taken from the Industrial Park
fund balance if an appropriate agreement can be worked out with
Nationwide, Inc. as to the extension of Enterprise Drive and
Joseph A. and Marie J. Santi, Carol J. DeBack and CATS
QMC, Inc. as to Exhibit 4 attached hereto, with electrical
service to be extended by Jospeh A. and Marie J. Santi, Carol
J. DeBack and CATS Nationwide, Inc.; and
WHEREAS, the owners of the property to the west, Joseph A. and
Marie J. Santi, Carol J. DeBack and CATS Nationwide, Inc., have
agreed to fund their portion of the extension of Enterprise
Industrial Park through the execution of Resolution #252-92; and
WHEREAS, the City is the recipient of a Wisconsin Department of
Transportation - Transportation Facilities Economic Assistance
and Development (TEA) Grant for Enterprise Extension in the
warrant that amount, and which could fund up to $5,000 per job
amount of $47,500, which could be $55,000 if eligible costs
created or retained; and
WHEREAS, QMC, Inc. has agreed to enter into a Jobs Guarantee
with the City of Muskego to ensure that the funds from the
Wisconsin Department of Transportation will be reimbursed if
the jobs are not created or retained; and
WHEREAS, the final lift of asphalt is to be installed in 1994
or later and the responsibility of Joseph A. and Marie J. Santi
and Carol J. DeBack/CATS Nationwide, INC. is 3/16 for Joseph A.
and Marie J. Santi and 3/16 for Carol J. DeBack/CATS
Nationwide, Inc. of the cost for said final lift of asphalt,
and based on the Alternate Bid from the successful bidder on
the Enterprise Drive project, that cost is $948.75 each; and
WHEREAS, the City is accepting the responsibility for
installation through its construction contract for the final @ lift of asphalt, and upon receipt of payment of $948.75 from
each (Joseph A. and Marie J. Santi and Carol J. DeBack/CATS
1 Drive to provide access to their properties west of the
@ Park Fund Account and Joseph A. and Marie J. Santi and Carol J.
Nationwide, Inc.), said funds will be deposited in the Industrial
DeBack/CATS Nationwide, Inc. will be relieved of any future
liability for payment toward the final lift of asphalt; and
WHEREAS, a bid from Mainline Sewer and Construction, Inc. was the
low bid for the project in the amount of $121,745.00.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego agrees to participate in the funding for the
extension of Enterprise Drive not to exceed $55,000 with funds to
be taken from the Industrial Park fund.
BE IT FURTHER RESOLVED that Joseph A. Santi and Marie J. Santi,
Carol J. DeBack and CATS Nationwide, Inc. and the City of Muskego
hereby agree that the funding for the transportation related
improvements shall be according to the following:
b
1. Joseph A. and Marie J. Santi agree to fund 50% and Carol J.
DeBack/CATS Nationwide, Inc. agree to fund 50% of costs that
are not grant eligible for the approximate 300 feet of the
road improvements of Enterprise Drive and the water main to
Engineers, starting at the west end of the Industrial Park,
the western edge of cul-de-sac as per design of the City
as shown on Exhibit 1 attached. It is further agreed that
the funds from Carol J. DeBack and CATS Nationwide, Inc. and
Joseph A. and Marie J. Santi will be received by the City
prior to the Common Council or its designee awarding the
bid, which shall be no later than May 15, 1993, in the
following amounts:
A. Joseph A. and Marie J. Santi, share $19,922.28 + 20% of
$19,922.28 for anticipated engineering, administrative,
attorney fees and similar project costs and towards any
possible cost over-runs.
B. Carol J. DeBack/CATS Nationwide, Inc., share $14,438.28 + 20% of $14,438.28 for anticipated engineering,
administrative, attorney fees and similar project costs
and towards any possible cost over-runs; (The
$14,438.28 figure has been reduced from $16,274.28 to
delete $1,836.00 for a sewer lateral Carol J.
DeBack/CATS Nationwide, Inc. wants deleted from the
project ) .
2. All project costs will be funded as a proration based upon
the front footage of each property (Carol J. DeBack/CATS
Nationwide, Inc., Joseph A. and Marie J. Santi, and the
City); the same mechanism is to be used for the allocation
of grant funds to all parties as shown on Exhibit 2 attached
which includes the City Engineers' letters of March 25, 1993
and April 12, 1993. Any portion of the 20% referred to
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3.
4.
5.
above for anticipated engineering, administrative, attorney
fees and similar project costs and towards any possible cost
A. and Marie J. Santi, Carol J. DeBack and CATS Nationwide,
over-mns which are not expended shall be returned to Joseph
Inc. and any additional such costs shall be charged to said
parties.
Any cost over-runs, including engineering, administrative,
attorney fees and similar project costs attributable to said
over-runs, will be funded as a proration based upon the
paragraph shall not apply to the costs of $948.75 second
front footage where the cost over-run occurs, except this
lift of asphalt cost.
The total Grant funds that are received based on the number
of jobs that are required to be created as a condition of
the Grant shall be reimbursed by QMC, Inc. to the City of
Muskeqs if jobs are not created during the five (5) year
period as specified in the "Jobs Guarantee" agreement
betweez the State of Wisconsin and the City of Muskego as
shown on Exhibit 3 attached and as specified in the "Jobs
Guarantee" agreement between the City of Muskego and QMC,
Inc. as shown on Exhibit 4 attached.
Engineering, administrative, attorney fees and similar
project costs will be funded as a proration based upon the
Paragraph 3 above.
front footage of each property, except as stated in
BE IT FURTHER RESOLVED that the amounts of $948.75 from each of
Joseph A. and Marie J. Santi and Carol J. DeBack/CATS Nationwide,
Inc. shall be paid in accordance with this agreement prior to May
for any future payment for the final lift as asphalt.
15, 1993, and said parties will be released from responsibility
BE IT FURTHER RESOLVED that this agreement shall be in full force
and effect from and after its passage, but if this agreement is
not executed by May 15, 1993 by all parties indicated below and
the agreemezt attached hereto and marked Exhibit 4 executed by
QMC, Inc. and all monies stated above received by the City on or
before said date, this agreement is null and void.
DATED this 20TH day of APRIL , 1993.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Patrick A. Patterson
Ald. Edwin P. Dumke
Ald. David J. Sanders
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I- ... . ..,.,. , ;
This 'is to certify that this is a true and accurate Copy Of
Resolution #85-93 which was adopted by the Common Council of the
City of Muskego.
ACCEPTED BY:
CATS NATIONWIDE, INC.
By : Date: 4-ab43
I President
By: t-t. QA-J Date : 4%- 97
Secretary
Date: S-//-Sf,
-4-
0 Resolution 185-93 which was adopted by the Common Council of the
This is to certify that this is a true and accurate copy of
City of Muskego.
K.Wa/& d
J X. karenda, City Clerk
ACCEPTED BY:
Date:
Carol J. DeBack
CATS NATIONWIDE, INC.
By : Date:
President
By : Date:
Secretary
Date:
Joseph A. Santi
Date :
Marie J. Santi
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Ruekert 1 Mieke
E"X H I B I T #2 .a
- - . .~ "
March 25, 1993
Mayor Wayne Salentine
City of Muskego W182 S8200 Racine Avenue
P. 0. Box 903
Muskego, Wisconsin 53150
RE: Enterprise Drive Ewtension
Bid Review
Dear Honorable Mayor:
Upon review of the three bids received on March 25, 1993, for the extension
of Enterprise Drive, we have found all to be in order.
Therefore, we recommend that the City award this contract to the low
bidder, Mainhe Sewer and Construction, Inc. for the amount of 5121,745.00.
We have prepared the attached cost breakdown as per your request.
If there are any questions, please contact our office,
Very truly yours,
RUEKERT & MIELKE, INC.
Richard Eberhardt, R.L.S.
RAE:sjd
Enclosure
1i-9222: .E
Cost Breakdown Enterprise Drive Extension
Road Construction Costs
TEA Eligible Costs 50% Funding Non Funded Costs
Non Eligible Road Costs
Total Non Fundedmon Eligible Costs
City Road Costs (5/8) Santi Road Costs (3/16)
C.A.T.S. Truckin-gDeBack Road Costs (3/16)
Water Main Costs
Citv Costs
12" W.M. 402 L.F. @ $31.00 =
Hvdrant. 1 each @ S1500 =
6"'Hydrant Lead2 L.F. @ $23.00 =
Installation 30 SF. @ $2.00 =
Santi/C.A.T.S. Truckine (50150 split)
12" W.M. 298 L.F. @ S3i.00 = 12" B.V. 1 each @ fi25.00 =
Hydrant, 1 each& S1,500 =
6" Hydrant Lead 23 L.F. @ $23.00 =
$ 77,901.00
38.950.50
$ 38,950.50
6.075.00
$ 45,025.50
$ 28,140.94 S 8,442.28
xi 8,442.28
$ 12,462.00 1,500.00
529.00
60.00
S 14,551.00
$ 9,238.00
725.00
1.500.00 ~~, 529.00
$ 11.992.00
Sanitary Sewer Laterals
6 - inch:
Citv (Dart 5 AC CSM)
36 L.F. @ $S5 1.00 =
C.A.T.S./DeBack
36 L.F. @ $51.00 =
8 - inch:
Santi
37 LF. @ $56.00 =
13-92021
ENRPRSDOC
$ 1,836.00
$ 1,836.00
$ 2,072.00
Ruekert j IUieUse
e Water Senice Costs
I
I
13-92021
10 - inch (as bid for DART)
10" W.S. 46 L.F. @ $30.00 =
10" B.V. 1 each @$630.00 =
Insulation 30 S.F. @ $2.00 =
- Santi
8" W.S. 46 L.F. @ $27.00 =
8" B.V. 1 each @ $420.00 =
Insulation 30 S.F. @ $2.00 =
$ 1,380.00
630.00
60.00
$ 2,070.00
$ 1,242.00
420.00
60.00
$ 1,722.00
2" W.S. 53 L.F. @ $25.00 =
2" Saddle, top, etc. 1 each @ $365.00 =
$ 1,325.00
365.00
$ 1,690.00
Ruekert ! ! Melke
COST ALLOCATION SUMMARY
TEA Grant
Road Costs
Water Main Costs
Water Service (DART) - 9
6 Sanitary Lateral (DART)
< J /,d
;,
Road Costs
Water Main Costs
Water Service Costs
8 - inch
8" Sanitary Lateral
2 - inch
S 38,950.50
S 28.140.94
14;551.00
2,070.00
1.836.00
S 46,597.94
$ 8,442.28 5,996.00
1,722.00
2.072.00
1,690.00
$ 19.922.28
C.A.T.S. TruckindDeBack
Road Costs
Water Main Costs 6" Sanitary Lateral Costs
TOTAL CONSTRUCTION COSTS
S 8,442.28
5,996.00
1.836.00
S 16.274.28
$ 121,745.00
These Costs DO NOT include Engineering Administration or contingencies.
The City's policy is to add 20% for these costs.
Ruekert I Mielke
April 12,1993
Ms. Jean Marenda, Clerk
City of Muskego
W182 S8200 Racine Avenue P. 0. Box 903
Muskego, Wisconsin 53150
RE: Enter rise Drive
Cost A locatlons
Dear Ms. Marenda:
As per our conversation of April 9, 1993, we did not recommend that the
City select Mandatory Alternate Bid Item MA-1 for award as part of the Enterprise
Drive extension.
pavement to be installed in 1993.
indicated that although these costs would be eligible to cost sharing, the total Zity
Our earlier conversations with the Street Superintendent and the Ma or
funding would probably exceed the $55,000 maximum set by the Common Council.
This item was for the installation of the 1 1/2-inch thick surface course
We have enclosed revised Cost Breakdown and Cost Allocation Summary
such as contingencies, deletion of sanitary lateral(s), etc. would be accomplished via
reports for your use. These revised reports reflect the costs. Any changes
change order.
If the City awarded the base bid as per our letter of recommendation dated
March 25,1993, the City could still add item MA-1 via a change order.
Under the statutes and the General Conditions in the contract documents,
the City can delete up to 10% or add up to 15% of the contract bid price.
In this contract, if awarded as recommended in the amount of $121,745.00,
the mm'mum deletion(s) would be $12,174.50 and the maximum addition(s) would
be $18,261.75.
As we discussed, Mr. DeBack has indicated that he would like the sanitary
lateral to his property deleted. Also, we have been in contact with Gohr-Schwenn,
the design build firm for DART. They are to meet with us when they have
completed their building and site design to determine the size and location for the
water service and if a new sanitary lateral really is needed.
Ruekert
Ms. Jean Marenda, Clerk City of Muskego
April 12, 1993
Page 2
inch which will lower the cost $348.00. We have requested a quote from the low
It is now anticipated that the largest water service for DART will be an 8-
bidder for a 6-inch water service, should that be the size requested by Gohr-
Schwenn on behalf of DART.
determined by kohr-Schwenn, and the City of Muskego.
A chan e order will be issued after final sizes and facility needs are
If there are any questions or comments please don't hesitate to call me.
Very truly yours,
RUEKERT & MIELKE, INC.
Richard Eberhardt, R.L.S. a RAE:sjd
13-92021
cc: Michael Campbell, Ruekert & Mielke, Inc.
W23Y Nllll? ROCKWOOD DlllVE
WAUKESHA. WISCONSIN i:llWl113
14141 54?.5733
FAX 14141~?-3~~1
REVISED
COST ALLOCATION SUMMARY
TEA Grant $ 41,480.50
Road Costs
Water Main Costs
Water Service (DART
6" Sanitary Lateral (DhRT)
ENTRPRSLDOC
13-92021
04/12/93
$ 29,722.18
14,551.00
2,070.00
1.836.00
$ 48,179.18
Road Costs $ 8,916.66
Water Main Costs 5,996.00
Water Service Costs 8 - inch 1,722.00
2 - inch 1,690.00
8' Sanitary Lateral 2.072.00
$ 20,396.66
C.A.T.S. TruckineDeBack
Road Costs
Water Main Costs
$ 8,916.66 5.996.00
$ 14.912.66
TOTAL CONSTRUCTION COSTS ALLOCATED $124,969.00
These Costs DO NOT include Engineering Administration or contingencies.
The City's policy is to add 20% for these costs.
BASE BID $ 121,745.00
Delete one (1) Sanitary Lateral (1.836.00)
Add MA-1 5,060.00
Revised Construction Costs $ 124,969.00
RUEKERT & MIELKE, INC.
Consulting Engineers
W239 N1812 Rockwood Dr. Waukesha, WI 53188-1113
April 12, 1993
COST BREAKDOWN
ENTERPRISE DRIVE EXTENSION
Amendment to Cost Allocation Summary If MA-1 Paving Awarded
Eligible Costs
MA- 1
$ 77,901.00
5.060.00
$ 82,961.00
50% Funding 41.480.50
NON Funded NON Eligible Road Cost
City Road Costs (5/8) Santi Rcad Costs (3/16j
CATS TruckingDeBack (3/16)
41,480.50
$ 47,555.50
6.075.00
$ 29,722.18
8,916.66 8.916.66
CATS Trucking & Santi road costs would increase $ 474.38 The City’s road costs would increase 1,581.24
RUEKERT & MIELKE, INC.
Consulting Engineers
W239 N1812 Rockwood Dr.
Waukesha, WI 53188-1113
April 12, 1993
EPSIRPRSI.DOC
13-92021
0411293
e COST BREAKDOWN
ENTERPRISE DRIVE EXTENSION
As Recommended
TEA Grant $ 38,950.50
Engineering as of 3/5/93 $10,110 (50% Eligible) 5.055.00
$ 44.005.50 r% 47 ‘//9/93 b z,53 8
Remaining available Grant Funds 31494.50
Engineering, Administration and Contingencies
If 50% is funded, costs allowable for $6,989.00
As Revised if Item MA-1 is awarded:
TEA Grant $ 41,480.50
50% Engineering as of 03/05/93 5.055.00
$ 46,535.50
Remaining available grant funds $ 964.50
If SO.% is funded, costs allowable for
Engineering, Administration and contingencies $ 1,929.00
All costs in excess thereof are the City’s responsibility
RUEKERT & MIELKE, INC.
Consulting Engineers
W239 N1812 Rockwood Dr.
Waukesha, WI 53188-1113
April 12,1993
13.92021
ENTRPRSI.DOC
04/12/93
E X H I B-I T #3
TRANSPORTATION ECONOMIC ASSISTANCE
JOB GUARANTEE
The CITY OF MUSJSEGO, WAUKESHA COUNTY hereby agrees to authorize inclusion and
be bound by this repayment provision in the Project Agreement that will be executed between
the applicant and the Wisconsin Department of Transportation as part of the Department's
approval of the applicant's request for assistance under the Transportation Facihties Economic
Assistance and Development program.
The CITY of MUSKEGO agrees, in this repayment provision, to reimburse the Department up
to the full grant amount if employment wirhin the economic development project
(MIJSKEGO/QMC, INC. ACCESS ROAD CONSTRUCTION) fds to meet he f0llowir.g
goals: (1) retention of 6 jobs and creation of 5 jobs within three years after a Project
Agreement is executed; and, (2) retention of these 11 jobs for another 4 years (verifications to
be made at 3 and 7 years after Project Agreement is executed).
For purposes of this provision, a job is defined to be consistent with Tms. 510 of the
Wisconsin Administrative Code. It will include all new non-retail jobs and exclude jobs obtained
throuzh geographic job transfers within Wisconsin except those that would be lost to the state.
a I Eligible jobs may include full time equivalents (FTE's).
If the job guarantee is not satisfied, the Department will evaluate the job benefits that have been
obtained in order to determine if reimbursement of either the full grant amount or reimbursement
of a reduced amount based on a prorated share related to the number of jobs that have
materialized as a result of the economic development project.
The full grant amount involved here, of which partial or total reimbursement may be required,
is $47,500.
CHARLES H. THOMPSON
SECRETARY,
WISCONSIN DEPARTMENT
OF TRANSPORTATION
WAYNE G. SALENTINE
MAYOR
CITY OF MUSKEGO 53150-0903
1. I\ \ q3
EXHIBIT 4
TRANSPORTATION ECONOMIC ASSISTANCE
JOB GUARANTEE
CITY OF MUSKEG0 AND QMC, INC.
QMC INC., hereby agrees to be bound by the repayment provision
in the Project Agreement that has been executed between the
City of Muskego and the Wisconsin Department of Transportation
as part of the Department's approval of the City of Muskego's
request for assistance under the Transportation Facilities
Economic Assistance and Development program.
QMC, INC., agrees, in this repayment provision, to reimburse the
CITY of MUSKEGO up to the full grant amount if employment within
the economic development project (MUSKEGO/QMC, INC. ACCESS ROAD
CONSTRUCTION) fails to meet the following goals: (1) retention
of .6 jobs and creation of 5 jobs within three years after the
Project Agreement is executed; and, (2) retention of these 11
jobs for another 4 years (verifications to be made at 3 and7
years after Project Agreement is executed).
For purposes of this provision, a job is defined to be
consistent with Trans. 510 of the Wisconsin Administrative
Code. It will include all new non-retail jobs and exclude jobs
obtained through geographic job transfers within Wisconsin
include full time equivalents (FTE's).
If the job guarantee is not satisfied, the Wisconsin Department
of Transportation will evaluate the job benefits that have been
obtained in order to determine if reimbursement of either the
a prorated share related to the number of jobs that have full grant amount or reimbursement of a reduced amount based on
materialized as a result of the economic development project.
except those that would be lost to the state Eligible jobs may
The full grant here, of which partial or total
reimbursement is $47,500.
QMC, INC. :
Secretary
4 2/- $3
(Date) (Date)
(E TXTCITY/PLAN/JBSGRE