CCR1995157COMMON COUNC-ITY OF MUSKEG0
RESOLUTION #157-95
AUTHORIZE EXECUTION OF PROFESSIONAL SERVICES
RUST (FREEDOM SQUARE DESIGN PROJECT)
AGREEMENT BETWEEN THE CITY OF MUSKEGO AND
BE IT RESOLVED that the Common Council of the City of Muskego,
upon the recommendation of the Finance Committee, does hereby
authorize the Mayor to execute the attached Professional Services
Agreement, as amended, between the City of Muskego and Rust
Environment & Infrastructure, Inc. for the Freedom Square Design
Project .
DATED THIS 25TH DAY OF JULY , 1995.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Domonic D'Acquisto
Ald. Patrick A. Patterson
Ald. David J. Sanders
This is to certify that this is a true and accurate copy of
Resolution #157-95 which was adopted by the Common Council of the
City of Muskego.
7/95 jmb
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PROFESSIONAL SERVICES AGREEMENT
PROJECT NAME: Freedom Square Desia Project ("Project")
This Agreement is by and between
Client
Citv of Muskego
W182 S8200 Racine Ave.
Box 903
Muskego. WI 53 150-0903
and.
Rust Environment & infrastructure Inc. ("Rust")
1020 N. Broadway. Suite 400
Milwaukee. WI 53202
Who agree as follows:
Client hereby engages Rust to perform the services described in Part I ("Services") and Rust agrees
to perform the Services for the compensation set forth in Part III. Rust shall be authorized to
commence the Services upon execution of this Agreement and receipt of authorization to proceed
fiom Client. Client and Rust agree that this signature page, together with Parts I-N and attachments
referred to therein, constitute the entire agreement between them relating to the Project
("Agreement").
APPROVED FOR CLENT APPROVED FOR RUST
Printed Name: Printed Name: James T. Kunz. P.E.
Title: Title: Vice-president
Date: Date: 7-/4f- os'
PART I
RUST'S RESPONSIBILITIES
A. SCOPE
Services to be provided for the Project are as follows:
TASK 1: ENLARGEMENT OF WEST POND PROJECT
1.0 Data Gathering and Field Survey
1.1 Kickoff Meeting with Client, WDNR, and Affected Utilities
Rust EBrI will meet with the Client and the WDNR to define project success factors
(goals), define communication procedures, and clarify project expectations.
1.2 Field Survey, Consisting of Gathering Data on Alignment, Topography, and
Necessary Cross Sections.
The field survey will pick up cross sections at the proposed pond enlargement on a 25 foot
grid. Cross sections every 50 feet will be surveyed along the proposed path of the storm
sewer between the West Pond and the Lannon DrivdJanesville Road intersection. The
survey will locate prominent surface features wihn 25 feet of the proposed storm sewer
path including houses, fences, roads, etc.
The survey will also be conducted to assist in determining of the area west of the
intersection which can reasonably be included in the west pond drainage system.
Geotechnical subsurface exploration will not be conducted.
1.3 Sediment Sampling and Classification
Sediments from the West Pond will be sampled and classified to determine the proper
handling and disposal of the cut material (per Wisconsin Department of Natural Resources
requirements). Rust will develop the Chapter 30 permit application and conduct the
sediment sampling (if required as a part of the permit process). Rust will meet with the
appropriate staff kom the Wisconsin Department of Natural Resources (WDNR) to
determine the sediment quality information required for the permit. If it is determined @y
the WDNR) that sediment sampling is not necessary, th~s effort will be removed from the
project's scope and budget.
1
0 2.0 PREPARATION OF PRELl3fINARY DESIGN
2.1 Hydrologic Analysis
A hydrologic and hydraulic analysis will be conducted for the three Freedom Square ponds.
The analysis previously conducted by R.A. Smith & Associates Inc. will be reviewed in
detail. For this purpose the base computer files will be required, and it is assumed that
these files will be provided to Rust at no cost to the project.
A hydrologic analysis investigating the impacts from adding the drainage area at the
Lannon Drive/Janesville Road intersection will ahbe conducted. The expanded drainage
areas will be delineated and the land use will be determined based on current conditions,
future land use conditions (from the Phase 1 Stormwater Management Plan), and
discussions with the Client. Hydrology will be based on the 2-year and 100-year storms.
The 2-year storm analysis may be replaced with an analysis of the runoff from a 1.5 inch
event. The storm selection will be finalized based on discussions with the Client and the
WDNR. The 2-year storm (or 1 .j inch event) will determine the optimal weir structure and
storage volume required to obtain the maximum water quality benefits.
2.2 Alternative Designs
Alternative designs to manage the additional volume of water from the west end of the Pick
N Save parking lot and the drainage area west of Lannon Drive will be investigated.
Altematives.may include increasing the depth and or perimeter of the pond. Different
species for the final planting plan, such as wetland versus non-wetland species, will be
identified as potential alternatives. Up to four (4) alternatives will be developed and
analyzed.
2.3 Preliminary Design
Alternative designs will be developed for Client and WDNR review and selection (up to
four alternatives). Describe advantages and disadvantages of each identified alternative
as it relates to the water quality, costs, aesthetics, constructability, and impacts on local
businesses and traffic. Since the Client has already selected an alternative for the general
stormwater management layout ofthe Freedom Square Project, these alternatives will show
different stomwater conveyance routes, materials, and the extent of the area to be included
for the expanded West Pond drainage system.
2.4 Meet with Client and WDNR to Present Preliminary Design and Alternatives
2.5 Public Meeting
At the Client's discretion, the alternative designs may be presented at a citizen advisoly
group meeting, or to affected property owners and businesses. One meeting will be
conducted for this purpose
MINIB-Murkcgo 2
3.0 PREPARATION OF PLANS AND SPECIFICATIONS
0 3.1
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3.2
3.3
3.4
3.5
3.6
3.1
3.8
4.0
Plan and Profile of West Pond Modifications
Conuact drawings will show the plan layout of the proposed enlargement of the pond and
plan and protiles ofthe new sewer alignment, the outfall and proposed outfall, utilities and
surface features.
Cross Sections
Cross sections will show the existing and proposed final section of the pond enlargement.
The water depth will also be shown for the two year and the 100 year storm.
Quantity Takeoff
Quantities will be tallied and incorporated into the bidding schedule. An estimate will be
prepared of anticipated construction costs.
Construction Site Erosion Control Plan
Site specific erosion control measures will be incorporated into the plan to contain
construction erosion and minimize adverse water quality effects. The construction site
erosion control plan will conform to the requirements of the Client's proposed revisions to
Chapter 29 of the City code.
Location Map
A location map to a suitable scale for construction document purposes will be included on
the title sheet of the plan.
Specifications
Techrucal specifications will address all materials, workmanship and constructability of
the project.
Contract Documents
Rust will provide one (I) set of reproduceables for the plans, specifications, and contract
documents. The Client will furnish Front-end specifications for bidding purposes including
wage rates if required, Insurance Requirements, and Liquidated Damages totals for
incorporation into the specifications.
Quality Control
An in-house quality control review will be completed.
AGENCY AND UTILITY COORDINATION
MINIB-Murkcgo 3
4.1
4.2
5.0
5.1
5.2
5.3
5.4
Permits
Submit application for a Chapter 30 permit, for the dredging, and U.S. Anny Corps of
Engineers (ACOE) permit (if necessary) and review plans with WDNR for their input.
Utility Coordination
Send plans to relevant utilities for review and comment.
BIDDING
Official Notices
Prepare and send out notice for publication on two dates at least one week apart. Distribute
Contract Documents to interested potential bidders and answer contractor questions.
Open Bids
Attend the bid opening meeting to be administered by the Client.
Letter of Recommendation
Review bids for responsibility and responsiveness and provide a written recommendation
of award to the Client.
Contract Award
Assist the Client in awarding contract. Rust will assemble contract documents for
execution and notify selected contractor of award.
TASK2: RETROFIT WEST POND OUTLET AND DIVERSION OF SUBBASIN A3
FROM MIDDLE POND TO EAST POND PROJECT
1.0 Data Gathering and Field Survey
1.1 Kickoff Meeting with Client Staff, WDNR, and Affected Utilities
To be done concurrently with Task 1. See Part I; Task 1, Ll
M/A/JB-Murkcgo 4
1.2 Field Survey, Consistiig of Gathering Data on Alignment, Topography, and
Necessary Cross Sections.
The field survey will pick up cross sections every 50 feet and locate surface features within
the existing grass swale easement and along the alignment of the existing Janesville Road
sewer and road ditch. The survey will locate prominent surface features within 25 feet of
the easement including houses, fences, roads, etc. The survey will include measure downs
of the existing sewers along Janesville Road. The entire intersection of Janesville Road
and Parkland Drive will be surveyed. Also the channel fiom Janesville Road to the East
Pond, along vith the proposed changes to the current channel configuration will be
surveyed.
2.0 PREPARATION OF PRELIMINARY DESIGN
2.1 Flow Volumes and Velocities
A hydrologichydraulic modeling analysis will be conducted on Subbasin A3 to check for
proper culvert sizing, channel capacities, and the affect of the change in drainage patterns
on the three Freedom Square Ponds. Velocities in the Janesville Road channel will be
calculated to assure that vegetation will be able to be established. The effects on the ponds
of diverting the water from the Middle Pond to the East Pond will be also be analyzed.
2.2 Alternative Designs
A weir structure upstream of the existing 60 inch outlet pipe (in the West Pond) will be
designed based on the volume of flow entering the West Pond during the 2-year storm (or
runoff born a 1.5 inch event). Alternative weir configurations will be identified for the
optimal water quality effect. Storms greater than the 2-year storm will be released through
an overflow structure.
Alternative stormwater conveyance systems and routes between Janesville Road and the
East Pond will be developed and discussed with the Client and WDNR.
2.3 Preliminary Design
Layout alternative designs for Client and WDNR review and decision. Up to four (4)
alternatives will be developed. Describe advantages and disadvantages of each identified
alternative as it relates to water quality, costs, aesthetics, constructability, and impacts on
local businesses and traffic. Since the Client has already selected an alternative for the
general stormwater management layout of the Freedom Square Project, these alternatives
will show different stormwater conveyance routes, materials, weir designs, and the
modification of the stormwater conveyance system between Janesville Road and the East
Pond.
2.4 Meeting with Client and WDNR to Present Preliminary Design and Alternatives
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2.5 Public Meeting
This meeting will be held concurrently with the public meeting conducted under Task 1,
2.5.
PREPARATION OF PLANS AND SPECIFICATIONS
Plan and Profile of Proposed Sewer Alignment
Plan and profile sheets will show the sewer and channel alignment and outfall to the East
Pond, utilities, and surface features. Construction plans will also be developed for the West
Pond weir and the bulkhead for the culvert under Janesville Road at Parkland Drive.
Detail Sheets
Detail sheets will show the proposed weir and overflow structure. Water depth for the two
year storm will be shown.
Cross Sections
Cross sections will show the existing and proposed sections of the channel south of
Janesville Road and between Janesville Road and the East Pond.
Quantity Takeoff
Quantities will be tallied and incorporated into the bidding schedule. An estimate will be
prepared of anticipated construction costs.
Construction Site Erosion Control Plan
Site specific erosion control measures will be incorporated into the plan to contain
construction erosion and minimize adverse water quality effects. The construction site
erosion control measures will meet the requirements of the Client's proposed revisions to
Chapter 29 (City ordinance).
Location Map
A location map of appropriate scale for a construction bidding document will be included
on the title sheet of the plan.
Specifications
Technical specifications will address all materials, workmanship and constructability of
the project.
Contract Documents
3.0
3.1
3.2
3.3
0 3.4
3.5
3.6
3.1
3.8
MIAIJB-Murkcgo 6
Rust will provide one (1) set of reproduceables for the plans, specifications, and contract
documents. The Client will furnish Frontad specifications for bidding purposes including
wage rates if required, Insurance Requirements, and Liquidated Damages totals for
incorporation into the specifications.
3.9 Quality Control
An in-house quality control review will be completed.
4.0 AGENCY AND UTILITY COORDINATION
4.1 Permits
Submit application for a Chapter 30 permit and U.S. ACOE permit (if necessary) and
review plans with WDNR for their input.
4.2 Utility Coordination
Send plans to utilities for review and comment.
5.0 BIDDING
0 5.1 Official Notices
Prepare and send out notice for publication on two dates at least one week apart. Distribute
Contract Documents to interested potential bidders and answer contractor questions.
5.2 Open Bids
Attend the bid opening meeting to be administered by the Client
5.3 Letter of Recommendation
Review bids for responsibility and responsiveness and provide a written recommendation
of award to Client.
5.4 Contract Award
Assist the Client in awarding contract. Rust will assemble contract documents for
execution and notify selected contractor of award.
B. ASSUMPTIONSKONDITIONS
This Agreement is subject to the following assumptions/conditions:
0 SCHEDULE
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Rust shall be authorized to commence the services set forth above upon execution of the
Agreement. The services are estimated to be completed within 100 calendar days of project
initiation. A detailed schedule will be provided to Client within IO days upon execution of this
Agreement. The project schedule is subject to local, state, and federal agency reviews and
approvals of required permits.
PART I1
CLrENT'S RESPONSIBILITIES
Client, at its expense, shall do the following in a timely manner so as not to delay the Services.
A. INFORiMATION/REPORTS
Furnish Rust the following information, all of which Rust may rely upon without independent
verification in performing the Services.
1. Available storm sewer system maps
2. A\.ailable As-built drawings for storm sewers
3. Available As-built drawings for the Freedom Square Ponds
4. Available floodplain zoning maps
5. Available information on historical sites within the project area.
6. Available reports, studies, maps, etc, relevant to stormwater management and water quality
in the Freedom Square project area.
7 Computer modeling files in digital format of previous hydrologichydraulic studies
(including "Freedom Square Demonstration Project for the City of Muskego", May 1994;
R..4. Smith & Assoc. Inc.).
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B. REPRESENTATIVE
Designate a representative for the Project who shall have the authority to transmit instructions,
receive dormation, interpret and define Client's policies and make decisions with respect to
the Services.
C. DECISIONS
Provide all criteria and full information as to Client requirements for the Project, obtain (with
Rust's assistance, if applicable) necessary approvals and permits, attend Project-related
meetings, provide interim reviews on an agreed-upon schedule, make decisions on Project
alternatives, and generally participate in the Project to the extent necessary to allow Rust to
perform the Services.
D. EWESSES
The Client shall be responsible for the following expenses:
1, reproduction of plans, specifications, and contract documents resulting from Task 1 and
Task 2
2. fees associated with state and federal agency permit submittals, and fees for publication of
public notices
PART. III
COMPENSATION, BILLING, Ah?) PAYMENT
Client shall pay Rust for the Services in accordance with the following:
Hourly Rate Plus Reimbursables
Compensation for the Services will be on an hourly rate basis plus reimbursables in accordance
with Rust's hourly fees in effect at the time the services are performed. Average hourly billing
rates for each labor classification are shown in the following table. Rust will bill the Client no
less frequent than monthly, with net payment due in 30 days.
Senior Consultant $137.00
Senior EAS II $121.00
Senior EAS I $1 10.00
Project EAS m $100.00
Project EAS Il $89.00
Project EAS VSenior Technician II $82.00
Staff EAS WSenior Technician I $76.00
11 Staff EAS Wroject Technician II I $69.00 II 11 EAS IWroject Technician I I $64.00 I1
11 EAS VStaff Technician I1 I $59.00 II
11 Staff Technician I I $52.00 II
11 Technician ll I $44.00 I1
11 Technician Word Processor I $39.00 II
Project Support $30.00
EAS =Engineer, Arclrifecf, Scientist
e The estimated fee for these services will be as follows:
MIAIIB-Murkego 9
1.0
2.0
3.0
4.0
5.0 -
Data Gathering and Field Survey 54
Preparation of Preliminary Design 100
Preparation of Plans and Specifications 90
Agency and Utility Coordination 10
Bidding 10
TOTAL HOURS: 264
DIRECT COSTS
Laboratory Sediment Quality Analysis *
TASK #1 COSTS
* Cost estimate subject to WDNR requirements
$3.000.00
$5,800.00
$4,200.00
$500.00
$600.00
$14,100.00
$1,150.00
$500.00
$15,750.00
11 1.0 I Data Gathering and Field Survey I 16 I $800.00 11
2.0
$3,600.00 76 Preparation of Plans and Specifications 3.0
$2,100.00 38 Preparation of Preliminary Design
11 4.0 I Agency and Utility Coordination 4 $200.00 11 1) 5.0 I Bidding 11 $60D.00 1)
TOTAL HOURS:
$8,120.00 TASK # 2 COSTS
$820.00 DIRECT COSTS
$7,300.00 145
Estimated fees are based on assumption that both tasks are conducted under this contract. Fees
will not be exceeded without prior approval of the Client.
e
MIAIJB-Murkego 10
PART IV
STANDARD TERMS .4NDCONDITIONS
standard oiomfesrional macIice ordin~lv exercised bv the amlicable oroferrion at
I. STAXVARD OF C.iRE. Scniccr shall be performed in accordance with the
E&i wiil pmmplly pmvtde Client nih in amcndmcnL 10 ihir Agreement IO recognize
such change. which Ihall be deemed approved if nor objected Lo within 15 days of
rcccipl by Client.
3. SAFETY. RUST EA1 has atablirhed and maintains coptale programs and
procsdm for the safer). oi iu employees. Unlcrr rpcc~fically Included as a service
to be provided under ths .A-mm RUST E&l specifically disclaims any authoriry
employees.
or rerpomibiliry for gened job site dety and rafery of perrons other than RUST E&!
In he event RUST E&I if delayed by Client and such delay exceeds 30 days. RUST
sdjwtmmt in compensation.
E&l shall be entided to M enemion of time equal to the delay and an equitable
Askemen1 if &re oirurh defaull iynat commenced aid diligcntly continued. and
con!inue. suspend periormanc-e under thll Agreement.
failureofthe defaulthp p? to commence cure winrhin such lime limil and diligently
6. OPINIONS OF COSSTRUCTION COST. Any opinion oieonrmclion cosu
prppared by RUST E&l is supplied for he general guidance ofthe Client only. Slnce
RUST E&l has no ~~nmol over compeolive biddinr or market condllionr, RUST E&l
annot gumtee the accuraq afruch opmianr as compared to conmct bids or ~CNBI
costs to Client.
7. RELATIONSHIP WITH CO\TRACTOIIs. RUST EBrl shall sewe as Clients
proierrional icprcsentai\,e ior the Srrvices, and may make recommcndationr 10 Clienl
comernine actions relame to Clients eontracton. but RUST E&l roecificallv
disclaims iny authorin. lo-diren or supervise the means. methods. tichniquei.
sequencer 01 procedures oicanrrruclion selected by Client's conmclan.
8. COXSTRUCTI0.S REVIEW. Far projects involving COnLmcLiOn. Client
acknowledges (ha1 under scnerally acccpled profcrrlonal pmcttcc. interpremlionr of
CO~S~NCI>O~ doeumenrr in the field are normally required. and that performance of
conrrmction.relalcd SF~ICCI by the design proierrional far the project permits errors
or ommiom IO be identified and corrected at comparatively low cost. Clienl agrees
ConrtrucLion-related sewices by penonr orher than RUST E&].
to hold RUST Wl hmlers iram any claims resulting from performance of
9. INSURANCE. RUST E&I sill mainlain insurance coverage for Proicrrional.
Comprehenrwe General. Automobile, Worketr Compenralion, and Employetr
Liabllir). in amounts in accordance with legal. and RUST Edih burinerr.
requiremenu Ccnifiram midencing such coverage will be provided Io Client upon
contractor. fany. to include RUST EM as an additional insured on IS policies
requcrt Far projm inwiring consumtion, Clmt agrees to require IU consVUclion
relarmg to the ProjecL RUST E&h covcragcr rcicrcnced above shall. in such case.
be excerr over CO~WM<S phmq coverage.
indemnify and saw harmless Client from and againsl loss. liability, and damages
10. INDEMNITIES. To the hllm emnl permined by law, RUST Em shall
ruslained by Clieq ici agenci. employex. and repmenlarivcr by -on of injy or
death to perrons or damage to tangible property to the extent caused dmctly by the
wllful m6condud or failure Lo adhcre to Ihe mdard of CM dacribed in Paragaph I
above oiRUST EM. its agents or employees
To the fullest extenl permiued by lax.. Client shall indemnify. and save harmlcsr
agens. employees. and reprerentauva by mon of injury or death to penons or RUST E&l from and agamrr loss. liability. and damages sustained by RUST E&], its
damage Io langible pmpew Lo the ant caused dimrly by the willful misconduct
or negligent enon, acts. or omissiom ofClicn4 iu agcnts or cmployeer.
have lndwtdual liabhty to Client.
Clicnl agree5 haL lo the fullest erlenr permined by law, RUST E&rr tolal liabilir).
10 Clienl far any and all injuncr. claims. Ios~es. expenses or damages whalroever
arising Oul ofor in any way relaled to the Project or this Agreement from any ~~YIII
including. but not limited to. RUST EXPs negligence. erron. omissions, mict
liability, or breach ofconwct shall nolexcccd 13.00,OOO.
12. ACCESS. Clienl shall pmvidc RUST =I de access to any premise necessary for RUST E&l to provide the Scwices.
dcliverabler. ineludmg elecuonic me&% peminiog LO the Project by Clien~ lor any
13. REUSE OF PROJECT VELIVERABLES. Reuse ofany documents or other
purpose other than that for which such docwncnu or dcliverablcr were originally
prepared, or alwwion ofsuch docummu or deliverabler wilhoul wincn venficarion or adaptadon by RUST E&l for the rpxific pupre intended. shall be at the Climes
claims. damages, and expenre. (including rearonable lmgarion carts). arising OUL of risk. Client agrees to defend. indemnify. and hold harmless RUST E&I from a11
such ~CUIC or alteration by Cl~ent or othen acting through Clienl.
14. AMENDMEm. This AFmen4 upon atcution by bath parries hereto. can be
amended only by a wincn insrmmcnc signed by bath parties.
controlled by. the panm hemo or @) rerulling from operation of law. the rights and
15. ASSIGNMENT. Except far arrigmenu (a) to enlilies which c~nuol, or are
obligations of this Agreement canno1 be asriged by cilhcr parry without mnen
permission ofthe other parry. This Apemen1 shall be binding upon and inure 10 the
benefit oiany permined assigns.
16. NO WAIVER No rraiver by either pap ofany defaull by the other parry in [he
performance of any panicular section oithir Agreement shall invalidaw any other
scelion oithis Agrcemenr or operate as a uaiver aiany hrure default whether like
orditTerent in character
17. NO THIRD-PARTY BENEFICURY. Nothing canmined in this AgrecmcnL
nor the performance oithe pMia hereunder, is intended LO benefit. nor shall inure to
the benefit of, any rhlrd parry. including Client's conmclorr. if any.
shall be deemed LO be separate and rcvcrablc. and the invalidiry or uneniarceabllir).
18. SE\'ERABILTTY. The various wm, provisions and covenmu herein contained
of any of them shall not aflm or impair thc validity or enforceability ai the
remainder.
I I. LIMITATIONS OF LLmLrn'. NO employee or agent or RUST EM
*Y.l"O rc September 6. I994