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CCR1995119COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #119-95 APPROVAL OF AGREEMENT BETWEEN THE CITY OF MUSKEG0 AND (Moorland Road Extension - Woods Rd. to CTH L Segment R. A. SMITH & ASSOCIATES, INC. WHEREAS, the Public Works Committee has recommended acceptance of a Proposal for Professional Services for the Moorland Road Extension-Woods Road to CTH L Segment, and NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Public Works Committee, does hereby accept the Proposal for Professional Services from R. A. Smith & Associates, Inc. as attached, for the Moorland Road Extension - Woods Road to CTH L project. BE IT FURTHER RESOLVED that the $9,000 Lump Sum cost will be paid for by Waukesha County with that amount to be included in the City of Muskego's portion of the construction cost of Moorland Road; and, that the Agreement shall be amended to reflect said payment to be from Waukesha County, with the language to be approved by the Mayor and City Attorney. DATED THIS 13th DAY OF June , 1995. SPONSORED BY: PUBLIC WORKS COMMITTEE Ald. Domonic D'Acquisto Ald. Mark Suhr Ald. Brian R. Misko This is to certify that this is a true and accurate copy of Resolution #119-95 which was adopted by the Common Council of the City of Muskego. 6/95jm row n0.w-4 Stock No. 26273 0 CERTIFIED SURVET MAP AO. __ PAGE 1 OF 4 BEInG A PART or TW RORTHEAST 1/4 OF TBE TRACTIORAL HORTBXAST 111 OF SECTION or HISCONSIN. ~,-TOHN .4 noRm. PARGE 20 =ST, In m m OF NORHAY. corn OF ~CIHE. STATE PREPARED BY1 AHFRICAH SURVEYING COHPANI, INC. 0 - Denotes NO. 6 Rear, 3rd- Dia. 24- 12207 C.T.A. -X-, NORTB CAPE long, 1.50 lbs/ln.ft., wlcap PRANKSVILLE, HI. 53126 [414] 835-4774 ALL BEARING ARE REFEREYCED TO GRID NORTH LEGrn I Om85 ADDRKSSI HI98 510856 RACINE AVENUE HIISNGO, HI. 53150 OF TAE HISCONSIH STATE PLANE CWRDINATE SISTEH, SOUTBERN ZONE. z 8 PARCEL NO. I 40001 SF Ni b D! SCbLE: LOCATION MAP NE1/4.SEC.2-4-20 I.D. 2723-00-00 I.D. 94-2722(17) April 24, 1995 Moorland Road CTH 0 CTH 0 Minutes prepared by: CTH L to CTH HH CTH HH to 'h mile north of CTH HH Steve Berg R. A. Smith & Assoc. (RAS) Waukesha County Waukesha County Minutes sent to: All Attendees Moorland Road CITY OF MUSKEG0 ENVIRONMENTALlPLANNING MEETING MINUTES Meeting Date: April 20, 1995 Time: 2:OO p.m. to 3:30 p.m Place: 'Wisconsin Department of Transpoaation iWaukesha. Wisconsin Attendees: Tom Murray Jay Waldschmidt Steve Berg Burt Kalister John Loughney Mike Campbell Dick Schimelfag Gary Evans Sharad Moholkar David D'Angelis - WisDOT. District 2. Environmental - WisDOT. OEA - R. A. Smith, Waukesha County Consultant - Waukesha County Transportation - City of Muskego - Ruekert & Mielke, Muskego Consultant - FHWA - Waukesha County Transportation - WisDOT. District 2 - City of Muskego Mayor Purpose: Clarify environmental documentation.requirements for project. - Much discussion concerning logical project termini. fit with SEWRPC plans, and level of environmental coordination with respect to:federal project from CTH L to CTH HH. - Waukesha County does not agree with WisDOT's conclusion of including the segment from Woods Road to CTH L in study. - Threat of litigation for Woods Road to CTH L segment does not involve environmental issues per Mayor. - Mike Campbell presented 6 alternative alignments for the Woods Road to CTH L segment and is in the process of refining these with the DNR. Liesa Nesta. Wetlands have been delineated by Corp. of Engineers. - SEWRPC Transportation Improvement Plan (TIP) does not include Woods Road to CTH L segment per Murray. Conclusions: 0- of CTH L. Waukesha County to write to SEWC removing county jurisdiction of Moorland Road south WisDOT and FHWA agreed to require standard Environmental Assessment for Federal project from CTH L to CTH HH and add narrative section in Appendix for other segments from Woods Road to Small Road. This documentation in Appendix is only for major impacts that could cause a significant alignment shift such as archaeological, burial sites. wetlands, other historical resources. and hazardous materials. Comment letters from affected agencies are also necessary acknowledging impacts. A brief discussion of floodplain hydraulics; wildlife, fish and aquatic impaus; endangered resources; erosion control and stormwater runoff air quality; land use issues, regional plans. environmental corridors; public lands, recreation, park, trails; and alternatives should also be mentioned. Waukesha County will send a letter to the Cities of New Berlin and Muskego outlining WisDOT environmental documentation requirements and milestone dates Berg will contact DNR and Corp. of Engineers to inquire if wetlands between CTH L and Small Road can be delineated prior to early June (current SEWRF'C schedule). Any comments or changes to these minutes should be transmitted to Steve Berg at (414) 786-1777 R. A. Smith & Associates, Inc. within seven days. 2 0 Archaeological Consulting and Services Cultural 102 EaS Park bne Verona. Wisconsin 53593 (608) 845-5585 (608) 845-9849 Resouxe Management Mr. Steve Berg RE: Cultural Resources Studies R.A. Smith and Assoc., InC- C.T..H. '0' 16745 West Bluemound Rd. Waukesha County Brookfield, Wis. 53005-5938 I.D. 2723-.OO-00/94-2722(17) Dear Mr- Berg: The following is a proposal and cost estimate for a program of cultural resources studies to be associated with proposed im- provemefits to C.T.H. '0' in Waukesha County. Prom the information provided, x understand that the project corridor is approximately 4400 feet long and 200 feet wide. It is also understood that the which will actually be impacted by the poteatid construction, historical architectural studies will focus on those properties rather than those which may have visual impacts. TO conduct the archaeological study, we will excavate a series of shovel test units at 15 meter intentals within the project area. The units will be approximately 4Ox40cm in size and will be excav- ated to archaeologically sterile soil horizons. The soils will be screened through 1/4" mesh screen and.the units immediately back- agricultural fields) will be subjected to pedestrian survey at 3-5 filled. Areas with good conditione for surface observation (such as meter intervals. If any .archaeological materials are encountered, sufficient additional vork will be done to assess the site size and, i? possible, its CUltUrd and temporal parameters. A prelimin- ary asses6ment of the significance of any site (s) found will be pravided in the project report. 1 estimate that the archaeological survey can be Completed in two days by a Crew and supervisory personnel. The work can be init- iated within one week of notification to proceed and a report will be submitted within two weeks of the completion of the field work. The Cost for thie portion of the project will not exceed $1500.00. This includes the C06t6 of the prefield literature and recorda search, the field work, any lab analysis and the preparation of the project report. ~~ As noted. the historical architectural study will focus only on those properties which might be inmediately impacted by the potential construction. The study will include a literature and ~r. Steve Berg Page Two records search to attempt to define the age of the structures in the APE and provide aa ownership history. This will be 'followed by field visits to the properties. All of the principal structures will be photographed. Additional studies will be done for struc- tures over 50 years in age which have maintained a relatively high level of integrity. The project report will provide recopendations as to which structures might be potentially eligible for the National Register of Historic Places and would require the comple- tion of the NPS 10-900 forms. I estimate that this portion of the project wil1,require 1.0 day to complete. The work can be initiated within one week of a notification to proceed. A report will be filed within 2-3 weeks of .project will be $750.00. I understand that the work for any NPS the completion of the field work. The cost for this portion of the .10-900 forms (Determination8 of Eligibility) will be considered as .an additional contract. Such work usually costs about $1500 per .property, although the costs per property will be lower if more than two properties are involved. In Summation, the costs for this project will not exceed $2250.00. This includes both the archaeological and architectural historical studies. Please do not hesitate to inquire for addi- tional information or services we may provide. Thank you. Archaeological and Services SenioPPartner R.A.SMITH & ASSOC.INC. 28-Aor-95 BREAKDOWN OF MAN-HOURS TASKS ENVIRONMENTAL DOCUMENTATION - WOODS ROAD TO CTH L (1) WETLANDS (2) HAZARDOUS MATERIALS (3) ARCHAEOLOGY I HISTORY (4) MISCELIANEOUS IMPACTS (5) ADMINISTRATION &COORDINATION Project Project Enviro Engr Manager Engineer Specialist Tech Clerical Tech Survey SuNeyor Total Direct Man-Hrs Charges (office) 4 4 0 0 1 0 0 9 $27 4 0 28 2 2 0 0 35 $50 8 8 0 0 2 0 0 18 $54 8 6 0 0 0 0 0 14 550 16 8 4 8 4 0 0 40 w TOTAL 40 26 32 10 9 0 0 117 $227 Hourly Rate Hours Total Project Manager $25.50 Project Engineer $20.00 Environmental Specialist Engineering Tech $17.50 Clerical $10.50 $13.50 Survey Tech $17.00 Surveyor $15.00 Sub-Totals 40 s1.020.w 26 S520.W 32 WSC 10 s135.w 9 $94.50 0 s0,W 0 s0.w 117 $2.329.50 " 1. TOTAL DIRECT SALARY = 2. TOTAL OVERHEAD 150.0096 x $2.329.50 Subtotal of 1 + 2 3. TOTAL FIXED FEE (Profit) 12.0% X S5823.75 4. DIRECTCHARGES (Reimbursables) a Travel & Subsistence c. Misc. Eligible Items b. Rh & Printing TOTAL DIRECT CHARGES 5. SUB COMRACTS 4 ARCHAELOGICAL CONSULTING SERVICES [ARCHAEOLOGICALMISTORICAL SUWW C) b) TOTAL SUB CONTRACTS 6. TOTAL LUMP SUM FEE $2.329.50 53.494.25 $5.823.75 $6698.85 Total 5m0.w 50.w $27.40 - - - - - - - - - $227.40 $227.40 Subtotal (RAS) $6,750.W S2.250.W 50.w 50.w ""_"_" CMOX2.WK3 GENERAL CONDITIONS OF SERVICE R. A. SMITH & ASSOC., INC. These General Conditions of Service are incorporated by reference into the foregoing proposal and shall. if said proposal is accepted by the OWNER, be part of the Agreement which services are to be performed by R. A. SMITH & ASSOC.. INC. for the OWNER. The OWNER is considered a public body or authority. corporation. association. firm, or person Said proposal, together with these General Conditions of Service constitutes the entire understanding of the parties. and with whom R. A. SMITH & ASSOC.. INC. has entered into the Agreement and for whom the work is to be provided. there are no representations. warranties or undertakings made other than as set forth herein. This Agreement may be modified only in writing, signed by each of the parties hereto. SECTION 1: SCOPE OF WORK It is understood that the Scope and the Completion Schedule defined in the Proposal are based on the information provided by the OWNER. If this information is incomplete or inaccurate, or if site conditions are encountered which materially vary from those indicated by the OWNER, or if the OWNER directs R. A. SMITH & ASSOC.. INC. to change the original Scope of Work established by the Proposal, OWNER of the fees andlor Completion Schedule R. A. SMITH & ASSOC.. INC. will notify the adjustments. SECTION 2: BILLINGS AND PAYMENTS Invoices shall be issued monthly for services performed and expenses incurred and not previously billed or included on any preceding invoice. Payment is required within 30 days. For all amounts unpaid after thirty (30) days from the invoice date. as set forth on R. A. SMITH& ASSOC.. INC.’s invoice, theOWNER percent (1 1/246) per month, eighteen percent (1846) agrees to pay a finance charge of one and one-half annually. R. A. SMITH & ASSOC.. INC. reserves the right to withhold delivery of services or work products and submittals of such to governmental or regulatory agencies, without incurring liability, until such time the or submittal date. R. A. SMITH & ASSOC.. INC. also accounts over 30 days old are paid through the delivery reserves the right to suspend services until a retainer is secured for accounts over 30 days past due. The OWNER shall provide R. A. SMITH & ASSOC., INC. with a clear. written statement within objections to the invoice or any portion or element twenty (20) days of the date of the invoice of any thereof. Failure to provide such a written statement shall constitute acceptance of the invoice as submitted. performed under this Agreement. The OWNER shall The OWNER is solely obligated to pay for the services not off-set any amounts due to R. A. SMITH & ASSOC.. INC. because of the OWNER’S inability to cause, reason, or contingency. No deduction shall be obtain financing. zoning. agency approvals. or any other liquidated damages. The OWNER further agrees to pay made from any invoice on account of penalty or R. A. SMITH & ASSOC.. INC. any and all expenses incurred in recovering any delinquent amouns due, including amrney’s fees and court costs. R. A. SMITH & ASSOC., INC. SECTION 3: LIMITATION OF PROFESSIONAL LIABILITY The OWNER agrees to limit R. A. SMITH & ASSOC.. INC.’s. by iu agents or employees, total liability to the OWNER and to all Construction Contractors and Subcontractors on the Project, due to R. A. SMITH & ASSOC. INC.’s professional negligent acts. errors, omissions, strict liability. breach of contract. or breach of warranty and for any and all expenses arising out of this Agreement from any cause injuries, claims, losses, expenses, damages, or claim or causes, such that the total aggregate liability of R. A. SMITH & ASSOC.. INC. to those named shall not exceed Fib Thousand Dollars ($50,000.00) or the total fee for services rendered under this Agreement. whichever is less. SECTION 4: NOTICE OF LIEN RIGHTS AS REQUIRED BY THE WISCONSIN LIEN LAW, OWNER THAT PERSONS OR COMPANIES R. A. SMITH & ASSOC.. INC. HEREBY NOTIFIES SURVEYING SERVICES FOR THE FURNISHING LABOR FOR ENGINEERING OR CONSTRUCTION ON OWNER’S LAND, MAY HAVE LIEN RIGHTS ON OWNERS LAND AND BUILDING IF NOT PAID. THOSE ENTITLED TO LIEN RIGHTS. IN ADDITION TO THE UNDERSIGNED, ARE THOSE WHO GIVE THE OWNER NOTICE WITHIN 60 DAYS AFTER THEY THE CONSTRUCTION. ACCORDINGLY, OWNER FIRST FURNISH LABOR OR MATERIALS FOR THOSE WHO FURNISH LABOR OR MATERlALS PROBABLY WILL RECEIVE NOTICES FROM SERVICES. AND SHOULD GIVE A COPY OF FOR THE SURVEYING OR ENGINEERING EACH NOTICE RECEIVED TO THE MORTGAGE LENDER, IF ANY R. A. SMITH & ASSOC.. INC. AND THE OWNER’S LENDER, IF ANY, TO SEE AGREES TO COOPERATE WITH THE OWNER THAT ALL POTENTIAL LIEN CLAIMANTS ARE DULY PAID, IF APPLICABLE. (over) April 1992 SECTION 5: WARRANTY R. A. SMITH & ASSOC., INC.’s services will be performed in accordance with the terms of this proposal, these General Conditions, and with generally and currently accepted engineering and surveying principals and practices. In performing its professional services, R. A. SMITH & ASSOC.. INC. will use that degreeof care and skill ordinarily exercised under similar circumstances by members of its profession. Opinions rendered in R. A. SMITH & ASSOC.. INC. repons are based upon engineering and surveying judgement and are not to be construed as representations of fact. This warranty is in lieu of all other warranties or representations. either expressed or implied. SECTION 6: RIGHT OF ACCESS If services to be provided under this Agreement require & ASSOC., INC. to enter onto the Project site, the the agents, employees, or contractors of R. A. SMITH OWNER shall provide right-of-access to the site to R. A. SMITH & ASSOC.. INC.. its employees, agents. observations. surveying andlor olher services. and contractors to conduct the planned field R. A. SMITH & ASSOC.. INC. shall take reasonable precautions to minimize damage to the site due to its own operations. Restoration of any damage resulting from said operations are not part of this Agreement. R. A. SMITH & ASSOC.. INC. shall not be held liable for damages caused by its agents or contractors. SECTION 7: LIABILITY INSURANCE R. A. SMITH & ASSOC.. INC. represents that it is protected by Worker’s Compensation insurance and that it has coverage under liability insurance policies which adequate. Upon request. certificates of insurance shall R. A. SMITH & ASSOC.. INC. deems reasonable and be furnished to the OWNER evidencing the extent of insurance. and the limits of liability thereunder. R. A. SMITH & ASSOC.. INC. makes no guarantee of insurability of any kind for its agents or contractors. SECTION 8: OWNERSHIP OF W(suMENTS All work product. documentation. and information pertaining to the project defined by this Agreement, developed or secured by R. A. SMITH & OWNER, shall remain the property of R. A. SMITH ASSOC., INC. except original documents loaned by the & ASSOC.. INC. in all cases, including termination by either party. However, R. A. SMITH provide copies of all information as required for & ASSOC.. INC. shall, at the OWNER‘S expense, governmentallagencyapprovals. and as requested by the OWNER. 49lGENrnNO GAY126 R. A. SMITH & ASSOC.. INC. reserves the right IO use said documentationand informarion for any purpose related or non-related to said project. including marketing. promotion. and future business. SECTION 9: TERMINATION This Agreement may be terminated by either party upon seven day’s prior wrinen notice. In he event of compensated by OWNER for all services performed up termination. R. A. SMITH & ASSOC.. INC. shall be reimbursable expenses, and for the completion of such to and including the termination date, including services and records that are required by law. withhold documents and information until fees for such R. A. SMITH & ASSOC.. INC. reserves the right to services are paid in full. SECTION 10: BlDDING If R. A. SMITH & ASSOC.. INC. receives bids as pan of this Agreement. the OWNER agrees that all requiremenu of public bidding as set fonh in the Wisconsin Adminisrrative Code shall apply, with the following exceptions: 1) Public notice of bidding is not required and the OWNER may bid by invitation only. 2) All bids will be opened at a meeting to which all bidders have been invited. and the contract is awarded to the lowest, qualified bidder. 3) Public disclosure of bid results is not required. however, the OWNER agrees to disclose all bid results u) all bidders in writing wirhin 30 days alier the bid opening. SECTON 11: DELAYS R. A. SMITH & ASSOC., INC. cannot be responsible for project scheduling delays caused by weather. violence, acts of God. and public agencies or private businesses over which it has no control. Such delays as caused by said occurrences. if not solely the result of R. A. SMITH & ASSOC.. INC.’s failure to meet submittal deadlines, may result in adjustments to said schedules and estimateslfees. Proposed estimateslfecs and completion schedules for projecu requiring field surveying or orher outside work are based on weather conditions, particularly snow cover, at the dare of offer. Changes in said conditions may result in adjustments to said estimatedfees and schedules and may cause degradation of topographic detail. R. A. SMITH & ASSOC.. INC. April 1992 0 Page 3 I April 27, 1995 Mayor David De’Angelis The attached General Conditions of Service are hereby made a part of this Agreement. If there are any questions concerning those, or the terms as presented, please contact us. If not, sign in duplicate and return one original along with the retainer (if applicable) to our office in the enclosed pre-addressed, stamped envelope. We look forward to a very successful project! Sincerely, R. A. SMITH & ASSOCIATES, INC. R. A. SMITH & ASSOCIATES, INC, Steve Berg, P.E. 4 Project Manager Enclosures - es W Nicholson, P.E. /General Manager Accepted By: Printed Name Date jmb:192700-100 f:\wp\trans\srb\0425musk.prp .. . RIAISM ITH April 27, 1995 Mayor David De’Angelis City of Muskego Wl82 S8200 Racine Avenue Muskego, W1 53150-0903 Re: Proposal for Professional Services Dear Mayor De’Angelis: Thank you for this opportunity to provide a quotation for professional services. R. A. Smith & Associates, Inc. is well prepared with the qualifications and experience necessary to successfully undertake all aspects of your project. The contents of this proposal letter spell out the Scope of Services to be provided, the Services Not Included, the proposed Completion Schedule, the Professional Fees, and the Assumptions and Conditions under which this proposal is being made. 0 I. PROJECT NAME: Moorland Road Extension -Woods Road to CTH L segment. 11. DESCRIPTION OF SERVICES TO BE PERFORMED: Services provided include Environmental Documentation for a 0.8 mile Moorland Road extension as outlined in the April 20, 1995 meeting with WisDOT (minutes attached). This documentation is necessary to process the FederallState Project I.D. 2723-00-00 from CTH L to CTH HH and insure that no major environmental resource impacts could cause a significant roadway alignment shift. Specifically the Environmental Documentation will be a narrative section in the Environmental Assessment Appendix. This documentation is only for major impacts such as archaeological, burial sites, wetlands, other historical resources, and hazardous materials. Comment letters from affected agencies are also’ necessary acknowledging impacts. A brief discussion of floodplain hydraulics; wildlife, fish and aquatic impacts; endangered resources; erosion control and stormwater runoff air quality; land use issues, regional plans, environmental corridors; public lands, recreation, park, trails; and alternatives will also be necessary. This effort is an abbreviated version of an Environmental Assessment only and is not adequate to satisfy the full Environmental Assessment requirements should the City decide at a later date to request the use of FederallState funds for construction of this segment. .. Mayor David De’Angelis Page 2 I April 27, 1995 The services performed are in general conformance with WisDOT environmental documentation guidelines. 111. COMPLETION SCHEDULE: Delivery of Environmental Document by November 15, 1995. IV PROFESSIONAL FEES: With the conditions stated, we propose to provide the services described in this proposal for a Lump Sum Fee of $9,000.00. A. As your project progresses, additional work beyond the scope of this agreement may be required. Please initial below how you would like us to proceed with such work. Time is critical. Proceed with any additional work and notify me with the details as soon as possible. 1 understand that this work will be performed on an hourly, time-and-material basis. Contact me to obtain my verbal authorization and to discuss fees prior to performing any additional work. I understand that this could delay the progress of my project. - - - - - - - Contact me to obtain my written authorization and to discuss fees prior to performing any additional work. 1 understand that this could delay the progress of my project. V ASSUMPTIONS AND CONDITIONS: The determination of our fees is based on the following set of assumptions and conditions. Deviations from these may result in fee adjustments: A. In order to maintain the proposed completion schedule, a signed copy of this Agreement must be returned to our office no later than May 18, 1995. B. The terms, conditions, and fees set forth herein are valid for 30 days from the date of this proposal and are conditional on authorization and completion of all services within 165 days of that date. C. The City of Muskego or their Engineering Consultant (Ruekert & Mielke) will provide roadway alignment alternatives, wetland delineation information, and wetland impact comment letters from DNR. D. Land surveying services such as staking roadway alignments, topographical surveys, and boundary surveys are not included. E. Existing 2-foot contour maps to be provided by the City will be used as the basis for any topographical information required.