CCR2001076AMENDED
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #76-2001
APPROVAL OF AGREEMENT
BETWEEN THE CITY OF MUSKEG0 AND
OWEN AYRES & ASSOCIATES, INC.
(Moorland Road South)
BE IT RESOLVED That the Common Council of the City of Muskego, upon the
recommendation of the Finance Committee, does hereby approve the attached
Agreement between the City of Muskego and Owen Ayres & Associates, Inc. for
professional services for the design of Moorland Road for an amount not to exceed
$163,319.89.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to
sign the Agreement in the name of the City subject to City Attorney's final review in
concurrence with the City Engineer
to DATEDTHIS IOTH DAY OF APRIL , 2001
I SPONSORED BY:
FINANCE COMMITTEE
Ald. Mark Slocomb
Ald. David Sanders
Ald. Nancy Salentine
This is to certify that this is a true and accurate copy of Resolution #76-2001 which was
adopted by the Common Council of the City of Muskego.
CITY OF MUSKEGO ASSESSOR'S OFFICE
W182 S8200 RACINE AVENUE - P.O. BOX 749
MUSKEGO, WISCONSIN 53150-0749
TELEPHONE (262) 679-4143 FAX NUMBER (262) 679-5670
MEMORANDUM
DATE: April 12,2001
TO: Mayor David DeAngelis
FROM: Laura Mecha, Assessor
RE: Fire Departments - Impact on Value
One of the best examples that can be given is Muskego Fire Station #1, Muskego Volunteer Fire
Company along with the City purchased a small strip of property along the old station to build a
brand new station. We have 4 new large lake homes behind the new Fire House #I and 74 new
condominiums just to the east that seem to be doing quite well as far as initial sales and resales.
Tess Corners #I was remodeled in recent years. In their back yard is the Sandy Knoll
subdivision. While this has been a stable neighborhood with no recent sales, I see no impact in
regards to market value for those properties. Tess Comers Drive has had a few sales here and
there over the years with nothing indicating to me that the presence of a fire department has
hindered the value.
Muskego Station #2 was recently rebuilt and 30 acres of land to the rear of Station #2 was sold
for $250,000 in the past month. A new house permit was issued in 2001 with the value listed on
the permit as $330,000 for the new dwelling.
AFT 71 120 06/00
AGREEMENT FOR
PROFESSIONAL SERVICES
THIS IS AN AGREEMENT made as of ,2001 between
City of Muskego, W182 S8200 Racine Avenue, P.O. Box 749, Muskego. WI 53150-0749
(OWNER) and Owen Avres & Associates, Inc.. a.k.a. Ayres Associates, N19 W24075
R~iverwood Drive, Suite 300, Waukesha. WI 53188 (CONSULTANT).
OWNER intends to retain the CONSULTANT for professional services for the design
and construction of Moorland Road from CTH "L" (Janesville Road) to 800 feet south of
McShane Drive and for the Route Location Study of Moorland Road from 800 feet south of
McShane Drive to CTH "00 (North Cape Road) and as described in Attachment A (hereinafter
called the Project).
OWNER and CONSULTANT agree to performance of professional services by
CONSULTANT and payment for those services by OWNER as set forth below.
The following Attachments are attached to and made a part of this Agreement.
Attachment A - Scope of Services, consisting of 10 pages.
Attachment B - Periods of Service. consisting of 1 page.
Attachment C - Compensation and Payments, consisting of 2 pages.
Attachment D -Terms and Conditions, consisting of 4 pages.
Attachment E - Insurance, consisting of 1 page.
This Agreement (consisting of 1 page), together with the Attachments identified above,
constitute the entire agreement between OWNER and CONSULTANT and supersede all prior
written or oral understandings. This Agreement and said Attachments may only be amended,
supplemented, modified, or canceled by a duly executed written instrument.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the
day and year first written above.
OWNER
Owen Ayres 8 Associates, Inc.
CONSULTANT
(Signature)
(Typed Name) Martin J. Hanson, P.E.
(Title)
(Date)
I (Attest)
a (Name)
(Title)
Page 1 of 1
.
Vice President -
Wisconsin Transportation
Albert J. Veteri. P.E.
Manager-Municipal Transportation
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ATTACHMENT A - SCOPE OF SERVICES
Agreement dated
BASIC SERVICES
1.1 General
1 1 1 The work under this CONTRACT shall consist of those engineering and related services
enumerated herein and specifically including: reports, meetings, road plans, plats, title
searches, right of way descriptions, and specifications for the PROJECT This project will be
developed using English standards.
1 1.2 A rural typical section including an eight-foot wide paved pedestrian way should be used.
The existing sections of Durham Drive from Hidden Creek Court to McShane Drive will be
rehabilitated and converted to a cul-de-sac to provide frontage roads along Moorland Road.
Right of way will be acquired to 50 feet from the roadway centerline. with additional grading
easement as required. The intersections and approaches shall be studied and improved as
necessary to handle future traffic volumes. The reconstruction will include the incorporation of
the City's storm water management in accordance with Municipal Ordinance Chapter 34.
1 1.3 The PROJECT shall be completed in two phases of work. Phase one is final plans for
Moorland Road from CTH "L" (Janesville Road) to 800 feet south of McShane Drive and Phase
"00 (North Cape Road).
1 1.4 WDOT - Wisconsin Department of Transportation
1,1.5 MANUAL - WDOT Facilities Development Manual.
1 1.6 CONSULTANT shall provide professional services for OWNER as hereinafter provided.
0 two is a route location study for Moorland Road from 800 feet south of McShane Drive to CTH
PHASE ONE - FINAL PLANS
BASIC SERVICES
I .2 Design Reports
After written authorization to proceed, CONSULTANT shall:
1.2.1 The CONSULTANT shall prepare a Design Study Report in accordance with the
instructions as set forth in the MANUAL. Three (3) copies shall be submitted to the OWNER for
approval. The preparation of final road plans, structure plans, or right-of-way plats shall not be
undertaken by the CONSULTANT until approval of the Design Study Report by the OWNER
Attachment A
Page 1 of 10
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I
0 1.3 Environmental Document
-
1.3.1 The CONSULTANT shall prepare a Type 111 Environmental document for the PROJECT
furnished to the OWNER for approval.
similar to and as specified in the WDOT MANUAL. The appropriate number of copies shall be
document are necessary, all such changes shall be made by the CONSULTANT
1.3.2 If review of the environmental document by the OWNER indicates that changes to this
1.3.3 In preparing environmental documentation, the CONSULTANT shall consider and
evaluate as alternatives to the PROJECT other reasonable actions or activities that may
achieve the same or similar purpose of a highway PROJECT, including other or additional
transportation alternatives, and the alternative of taking no action. The CONSULTANT shall
evaluate alternative courses of action based upon a balanced consideration of the environment,
public comments, and the need for safe and efficient transportation consistent with local, state,
and national environmental goals. The CONSULTANT shall prepare environmental documents
that are concise, clear, to the point, and emphasize real environmental issues and alternatives.
The CONSULTANT shall comply with requirements similar to and as specified in the WDOT
MANUAL.
1.4 Agency Coordination
1.4.1 Section 401 and 402 Certifications:
with the provisions of the Clean Water Act and the procedures as set forth in the MANUAL, and
The CONSULTANT shall evaluate the effects of the PROJECT on water quality, in accordance
shall prepare the necessary application.
1.4.2 Section 404 Permits:
The CONSULTANT shall evaluate the potential for discharge of fill materials into the waters of
the United States, in accordance with the provisions of the Clean Water Act and the procedures
as set forth in the MANUAL, and shall prepare the necessary permit application.
1.5 Public Involvement
1.5.1 Informational Meetings:
1.5.2 The CONSULTANT shall conduct or assist the OWNER in holding three (3) informational
meetings to acquaint the public with the concepts and probable impacts of this PROJECT The
first meeting shall be at the beginning of the preliminary plan stage, the second shall be at the
approximately 60% complete mark of the preliminary plan stage, and the third meeting shall be
prior to the submission of the design study report.
1.5.3 The CONSULTANT shall prepare all exhibits and documentary handout material and
provide the equipment necessary to conduct the public informational meetings.
1.5.4 The CONSULTANT shall prepare a summary report after the public information
meetings.
Attachment A
Page 2 of 10
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I to discuss the comments received and shall recommend as to the possible disposition of these
1.5.5 The CONSULTANT shall meet with the OWNER after the public informational meetings
comments and suggestions.
1.5.6 The CONSULTANT shall make all the necessary arrangements for scheduling the
meetings and provide notices and press releases for the OWNERs use.
1.5.7 The CONSULTANT shall provide the OWNER with copies of all public involvement
correspondence and file notes.
1.5.8 The CONSULTANT shall coordinate meeting schedules with the OWNERs
representative.
1.6 Meetings
1.6.1 The CONSULTANT shall attend or hold an Operational Planning Meeting to discuss the
organization and processing of the services under this CONTRACT
1.6.2 A Final Plan Review Meeting with the OWNER shall be held approximately 45 - 60 days
ahead of the P.S. 8, E. submittal date.
1.6.3 The CONSULTANT shall attend the pre-construction conference as scheduled by the
OWNER.
1.6.4 The CONSULTANT shall meet with the OWNER to coordinate soils and sub-surface
investigation work efforts.
1.6.5 Bi-monthly meeting(s) shall be held to plan, review, and coordinate the PROJECT with
the OWNERs staff.
1.6.6 The CONSULTANT shall conduct three coordination meetings with utilities having
facilities on the PROJECT The first meeting shall be scheduled at the preliminary plan stage,
the second meeting shall be prior to the completion of final plans, and the third meeting shall be
prior to the submittal of the P.S.8, E. documents.
1.6.7 The CONSULTANT shall attend the monthly meetings of the Muskego Mayor’s Task
Force for Economic Development to coordinate with them and allow them to comment on the
various stages of work under this CONTRACT
1.7 Surveys
1,7 1 The CONSULTANT shall temporarily mark existing right of way for coordination with
affected utilities and property owners.
1,7.2 The surveys shall also provide information necessary for the preparation of plats and
acquisition of rights of way and property.
or block corners in platted areas. These ties shall be in sufficient detail to reestablish the
1 7.3 Surveys shall include ties to section corners, quarter section corners, and to street lines
section corners, alignment points, control points, and permit the preparation of proper legal 0 descriptions of the lands acquired.
Attachment A
Page 3 of 10
I 71 120A 08/00
I 'a 1 7.4 Surveys shall include a sufficient number of bench marks to provide proper elevation
control for the project, and shall include a written log of all bench marks established, their
location by station and offset, a description of the actual bench mark, and its elevation.
1 7.5 The CONSULTANT shall provide cross sections every 50 feet along C.T.H. "L"
side road. Additional cross sections will be provided at each driveway and field entrance, each
(Janesville Road), Moorland Road, Durham Drive and every 50 feet for 150 feet along each
cross culvert, and along all drainage courses. Topographic information shall include, but not be
limited to, edges of pavement, driveways, and shoulders; all buildings and appurtenances; trees
(with sizes in inches); woods or brush limits; water courses and drainage facilities; and the
location of all utilities. Traffic signage and mailboxes are not required to be located.
I
I 1.8 Soils and Subsurface Investigations
depth of 10 feet below the existing surface. The borings shall be taken along the proposed
1.8.1 Subsurface soil investigations shall include ten (10) borings per mile of roadway to a
roadway and shall note the depth of and location of all soil layers, bearing strength, and
presence of ground water
1.8.2 The subsurface investigation shall also include taking marsh soundings/probes in areas
of wet or marginal soils for the purpose of more accurately estimating the limits of possible
excavation below subgrade. Five marsh probes to a depth of 10 feet deep are planned.
1.8.3 All boring and sounding locations shall be referenced to the project stationing and project
elevation datum.
1.8.4 The investigation shall include the extent and classification of wetlands.
1.8.5 The CONSULTANT shall classify soils by pedological means to provide pavement design
parameters.
1.9 Road Plans
1.9.1 The CONSULTANT shall provide additional road plans to the WDOT MANUAL to include
the following:
a.
b. Pavement Marking Plan (Scale 1"= 40')
Erosion Control Plan (Scale 1"= 40')
c. Construction staging plans (Scale 1"= 40')
d.
e. Traffic Control Plan(s) (Scale 1"= 40')
Estimate of Quantities Sheet(s)
f. Storm Water Management Plans (Scale 1"= 20')
All plans will be reviewed and approved with the OWNER before starting the design.
CONSULTANT The signal plans must be reviewed and approved by Waukesha county Public
1.9.2 Traffic signal plans and specifications, if found necessary, shall be provided by the
Works.
Attachment A
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for their improvement to current City of Muskego standards.
1.9.3 The CONSULTANT shall study all side road intersections and make recommendations
1.9.4 The horizontal and vertical alignment shall be investigated for compliance with current
standards, including intersection sight distance. The vertical alignment shall be adjusted as
necessary to provide for acceptable grading and drainage. Portions of the shoulders shall be
paved as per recommended standards.
1.9.5 The CONSULTANT shall conduct hydraulic analyses of major drainage ways
1.9.6 The CONSULTANT shall develop preliminary and final designs of drainage structures,
drainage courses, storm sewers, and culverts.
1.9.7 The CONSULTANT shall provide the OWNER with a full-size hard copy of the completed
plan drawn on the appropriate mylar plan sheet vehicles. In addition, the CONSULTANT shall
provide the OWNER with copies of the final plans on CD-ROM for use in the IBM DOS version
of AUTOCAD version 14 for project records. Each final plan drawing shall be an individual
drawing without the use of reference files (XREF's) to combine one or more drawings into one
general border Final drawings to be provided to the OWNER under Section 4.C.(1) WDOT
Manual shall be in .dwg format and shall be able to be plotted at the scale of 1'1
1.9.8 The CONSULTANT shall provide final plans and P.S. 8 E. documents as required by the
City of Muskego. The Special Provisions, and Proposal shall be produced using the IBM
compatible Microsoft Word 2000 computer program. Diskettes (3.5-inch) or CD-ROM
containing these documents shall be provided to the OWNER. The City of Muskego will let the
project for contractor bidding.
1.10 Plats
1 10.1 The CONSULTANT shall prepare right of way plats for all right of way and easement
acquisition required for the project. The nominal right of way width for Moorland Road shall be
100 feet.
1 10.2 Title searches shall be made of the titles to all properties or premises through or over
which a right of way for the PROJECT is to be acquired. The title search shall extend over and
years, and shall include a certificate to the OWNER of all entries of record affecting the titles of
cover a minimum period of five years or to the last conveyance of record if more than five
the said properties or premises during such period. A copy of the last deed of record shall be
included as part of the title report. All easements of record on purchased property shall be
years. A copy of the Title Report shall be provided to the OWNER.
identified. The search for easements and mortgages of records shall not be limited to five
acquired as right of way for the PROJECT Descriptions shall be by metes and bounds, or in
1 10.3 Right of way descriptions shall be provided for all individual parcels of land to be
the case of platted property by suitable reference to the platted data. For all unplatted property
the descriptions shall be referenced to and tied into the pertinent section or quarter section
corners.
1 10.4 The CONSULTANT shall prepare the descriptions in line item format using IBM
compatible Microsoft Word 2000 software and provide a copy of this CD-ROM to the OWNER. 0
Attachment A
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1,10.5 The CONSULTANT shall field locate and temporarily mark the new right of way and
easement boundaries in a manner which will facilitate the appraisal of all affected parcels.
1 10.6 The CONSULTANT shall monument the new and existing right of way boundaries.
1.11 Traffic
1 11 1 The CONSULTANT shall develop traffic projections for the anticipated construction year
plus 10 years and plus 20 years.
1 11.2 The CONSULTANT shall perform peak hour traffic movement counts at each side road
including the Moorland Road intersection to determine the appropriate turn bay lengths.
1 11.3 The CONSULTANT shall investigate the project corridor for accident history that would
indicate any unique problems that should be addressed. The search shall cover a minimum
period of three (3) years.
1.12 Access to Records
1 12.1 The CONSULTANT'S records of the sewices provided under this contract will be
available for inspection and copying at:
Address: Ayres Associates
N19 W24075 Riverwood Drive, Suite 300
Waukesha, Wisconsin 53188
Contact Person: Albert J. Veteri, P.E
Phone Number (262) 523-4488
PHASE TWO - ROUTE LOCATION STUDY
1 .I 3. General
1 13.1 Two alternatives will be studied. One will follow the present Durham Road alignment
and the second alignment will be located off road east of Durham Road. The study will review
the alignment, typical section, wetland, WEPCO, soils, relocation, and construction costs.
1.14 Route Location Study
After written authorization to proceed, CONSULTANT shall:
1 14.1 Horizontal Alignment - The horizontal alignment will be studied using the latest criteria
for a posted 35 or 40-mph roadway. The alternative lengths will be compared and used in the
cost comparisons, Vertical alignment will not be studied at this time.
1 14.2 Roadway Typical Section -The same roadway typical section as in Phase One will be
used on both alternatives. A 100-foot right-of-way will be studied using the two lane rural
roadway with ditches and a pedestrian path.
Attachment A
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several wetland areas that will all be located and used as alignment controls. The
1 14.3 Wetlands -The City of Muskego has wetland maps within the project area. There are
CONSULTANT will avoid wetland mitigation, if at all possible.
lines. Towers are located close to Durham Drive. One WEPCO line crosses Durham Drive
1 14.4 Wisconsin Electric Power Company (WEPCO) -There are two WEPCO transmission
south of McShane Drive and the other near Hi View Drive. The CONSULTANT will study the
alignment and discuss the crossings with WEPCO. Avoiding the towers will be a part of the
study.
1 14.5 Soils - The CONSULTANT will view the existing soil maps and study the various types
of soils. The CONSULTANT will locate the road in the most desirable types of soils. The
CONSULTANT will move the roadway away from unsuitable soils, as much as possible.
1,14.6 Relocations - This applies only to the Durham Road alternative. The CONSULTANT
viewed the following types of parcels in the field:
One farm/commercial site (1 possible relocation)
Fifteen residential units (7possible relocations)
Four larger vacant sites
Twelve residential sites with minor impacts
The CONSULTANT will study these sites in enough detail to provide opinions of costs for
relocations. This will add greatly to the construction cost of the Durham Road alternative. A
discussion of the parcels will also be provided.
1 14.7 Preliminary Right-of-way Layouts -The CONSULTANT will study both alternatives as
they relate to right-of-way. Layouts will be provided using a 100-foot right-of-way. Parcels will
be shown, and fee and easements will be indicated. Relocations will also be noted.
1,14.8 Alternative Costs -The CONSULTANT will study each alternative and provide opinions
of construction costs, summarizing all the items mentioned above. This cost opinion will play a
large role in the recommendation of the alternative.
ADDITIONAL SERVICES
2.1 Services Requiring Authorization in Advance
If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional
Services as hereinafter provided. These services are not included as part of Basic Services
and will be paid for by OWNER as indicated in Attachment C and in Article 5 of Attachment D.
2.1 1 Preparation of applications and supporting documents (in addition to those furnished
the Project; preparation or review of environmental assessments and impact statements; review
under Basic Services) for private or governmental grants, loans or advances in connection with
and evaluation of the effect on the design requirements of the Project of any such statements
jurisdiction over the anticipated environmental impact of the Project.
and documents prepared by others; and assistance in obtaining approvals of authorities having
2.1.2 Services to make measured drawings of or to investigate existing conditions or facilities, 0 or to verify the accuracy of information furnished by OWNER.
Attachment A
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2.1.3 Services resulting from significant changes in the general scope, extent or character of
the Project including, but not limited to, changes in size, complexity, OWNERs schedule, or
method of financing; and revising previously accepted studies, reports, or documents when
such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders
enacted subsequent to the preparation of such studies, reports or documents, or are due to any
other causes beyond CONSULTANT'S control.
2.1.4 Providing renderings or models for OWNERs use.
2.1.5 Investigations and studies involving, but not limited to, detailed consideration of
operations, maintenance and overhead expenses; providing value engineering during the
course of design; the preparation of feasibility studies, cash flow and economic evaluations,
rate schedules and appraisals; assistance in obtaining financing for the Project; evaluating
processes available for licensing and assisting OWNER in obtaining process licensing; detailed
quantity surveys of material, equipment and labor; and audits or inventories required in
connection with construction performed by OWNER.
than Basic Services and providing data or services of the types described in paragraph 3.4
2.1.6 Furnishing services of independent professional associates and consultants for other
when OWNER employs CONSULTANT to provide such data or services in lieu of furnishing the
same in accordance with paragraph 3.4.
2.1,7 Services during out-of-town travel required of CONSULTANT other than visits to the site
or OWNERs office as required by Basic Services.
2.1.8 Providing any type of property surveys or related engineering services needed for the
transfer of interests in real property and field surveys for design purposes and engineering
surveys and staking to enable Contractor(s) to proceed with their work: and providing other
special field surveys.
2.1.9 Preparing to serve or serving as a consultant or witness for OWNER in any litigation,
arbitration or other legal or administrative proceeding involving the Project (except for
assistance in consultations which is included as part of Basic Services under paragraphs 1.2.3
and 1.3.6).
2.1 10 Additional services in connection with the Project, including services which are to be
furnished by OWNER, and services not otherwise provided for in this Agreement.
OWNER'S RESPONSIBILITIES
OWNER shall do the following in a timely manner so as not to delay the services of
CONSULTANT.
3.1 Designate in writing a person to act as OWNERs representative with respect to the
services to be rendered under this Agreement. Such person shall have complete authority to
transmit instructions, receive information, interpret and define OWNERs policies and decisions
with respect to CONSULTANT'S services for the Project.
Attachment A
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. :.:. 3.2 Provlde all crlterla and full information as to OWNERs requirements for the Project,
lncludlng objectlves and constraints, performance requirements, and budgetary limitations; and
furnish copies of all standards which OWNER will require to be included in the Project.
3.3 Place at CONSULTANT'S disposal all available pertinent information including previous
reports and any other relative data.
3.4 Furnish to CONSULTANT, as required for performance of CONSULTANT'S Basic Services,
the following, all of which CONSULTANT may use and rely upon in performing services under
this Agreement:
3.4.1 Data prepared by or services of others, including without limitation borings, probings and
subsurface explorations, hydrographic surveys, laboratory tests and inspections of samples,
materials and equipment; including appropriate professional interpretations.
3.4.2 Environmental assessment and impact statements.
3.4.3 Property, boundary, easement, right-of-way, topographic and utility surveys.
3.4.4 Property descriptions.
3.4.5 Zoning, deed and other land use restriction
3.4.6 Other sDecial data or consultations not covered under BASIC SERVICES and
ADDITIONAL'SERVICES.
3.5 Arranae for access to and make all provisions for CONSULTANT to enter upon public and
private property as required for CONSULTANT to perform services under this Agreement.
documents presented by CONSULTANT, obtain advice of an attorney, insurance counselor and
3.6 Examine all studies, reports, sketches, drawings, specifications, proposals and other
other consultants as OWNER deems appropriate for such examination and render in writing
decisions pertaining thereto within a reasonable time so as not to delay the services of
CONSULTANT
3.7 Furnish approvals and permits from all governmental authorities having jurisdiction over the
the Project.
Project and such approvals and consents from others as may be necessary for completion of
3.8 Provide such accounting, independent cost estimating and insurance counseling services
as may be required for the Project, and such legal services as OWNER may require or
CONSULTANT may reasonably request with regard to legal issues pertaining to the Project.
3.9 Furnish to CONSULTANT data or estimated figures as to OWNERs anticipated costs for
through 3.8, inclusive and other costs of the types referred to in paragraph 1.2.6) so that
services to be provided by others for OWNER (such as services pursuant to paragraphs 3.6
CONSULTANT may make the necessary findings to support opinions of probable Total Project
costs.
Attachment A
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0 becomes aware of any development that affects the scope or timing of CONSULTANT'S
3.10 Give prompt written notice to CONSULTANT whenever OWNER observes or otherwise
services.
3.1 1 Furnish, or direct CONSULTANT to provide, Additional Services as stipulated in
paragraph 2.1 or other services as required.
3.12 Bear all costs incident to compliance with the requirements of Article 3, as amended and
supplemented by Attachments C and D.
I
I I
I
a
Attachment A
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ATTACHMENT B - PERIODS OF SERVICE
Agreement dated
Initials:
OWNER
CONSULTANT
PERIODS OF SERVICE
4.1 Provisions of Attachment B hereinafter amend and supplement Attachment A and
Attachment D as follows:
4.2 The services called for in the Phase One - Final Plans and the Phase Two - Route
Location Study will be completed and the documents submitted as follows:
Phase One - approved right-of-way plat and descriptions by November 2001 and the final
P.S. 8 E. documents by April 2002.
Phase Two -The route location study and final report by April 2002
4.3 If OWNER has requested significant modifications or changes in the general scope, extent
or character of the Project, the time of performance of CONSULTANT's services shall be
adjusted equitably.
4.4 If OWNER fails to give prompt written authorization to proceed with any phase of services
after completion of the immediately preceding phase, CONSULTANT may, after giving seven
days' written notice to OWNER, suspend services under this Agreement.
4.5 If CONSULTANT's services for the Project are delayed or suspended in whole or in part by
OWNER for more than three months for reasons beyond CONSULTANT's control,
CONSULTANT shall on written demand to OWNER (but without termination of this Agreement)
be paid as provided in Attachment D, paragraph 5.3.2. If such delay or suspension extends for
more than one year for reasons beyond CONSULTANT's control, the various rates of
compensation provided for elsewhere in this Agreement shall be subject to equitable
adjustment.
Attachment B
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ATTACHMENT C -COMPENSATION AND PAYMENTS
Agreement dated
PAYMENTS
5.1 Methods of Payments for Services and Expenses
5.1 1 For Basic Services. OWNER shall pay CONSULTANT for Basic Services rendered as
follows:
Basis of Payment
Phase One
specifications, right of way plat, and descriptions, A LUMP SUM OF $ 139,452.42.
(a) For final plan work performed by the CONSULTANT resulting in approved road plans and
(b) For Soil Borings, the CONSULTANT'S cost of $ 605.00 for soils report, and a cost of $7.50
per vertical foot x an estimated 150 vertical feet = $1,125.00, and a cost of $60.00 (IO foot
deep) per marsh probe x an estimated 5 marsh probes = $ 300.00, plus a fixed fee of
$ 640.00, total cost not to exceed $ 2,670.00. For each additional vertical foot of boring, a cost
of $ 7.50 For each additional marsh probe, a cost of $6.00 per foot.
(c) For Title Search work for all properties, estimated to be 2 parcels, over which right of way is
to be acquired, the CONSULTANT'S lump sum cost of 2 parcels ~$200.00 = $ 400.00, plus a
fixed fee of $ 0.00 , total not to exceed $400.00. For each additional Title Search, a fixed cost
of $200.00.
(d) The total cost of this CONTRACT (including if authorized amounts) for Phase One, on the
above basis shall not exceed $142,522.42.
Phase Two,
(a) Route Location Study, A LUMP SUM OF $ 20,797.47
Grand Total of this CONTRACT for Phase One and Phase Two, A LUMP SUM OF
$163,319.89.
Future Amendments to Contract:
The CONSULTANT will be compensated by the OWNER for Extra Work under future
amendment@) on the following basis:
Attachment C
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(a) For each AMENDMENT, an agreed upon LUMP SUM or;
CONSULTANT'S regular staff:
(b) The CONSULTANT'S actual costs based on the following hourly rates for the
Classification Hourly Rate
Principal $ 36.43
Project Engineer $ 27.41
Staff Engineer $20.56
Technician $ 13.78
Clerical $ 12.14
Surveyor $20.89
Party Chief $ 17.49
Instrument Person $ 17.49
Rod Person $ 13.78
The CONSULTANT'S overhead rate of 1.4834 as approved by the OWNER'S current audit
would be charged. A profit of 15% and expenses at actual cost, would also be charged.
I.
I Attachment C
Page 2 of 2
71 120D 08/00
ATTACHMENT D - TERMS AND CONDITIONS
Initials:
Agreement dated
. . . . . . - . - .
OWNER
CONSULTANT
ARTICLE 1 - BASIC SERVICES
CONSULTANT shall provide professional services for OWNER on the Project to which this
Agreement applies, including professional consultation and advice, and duties and
responsibilities as indicated in Attachment A.
ARTICLE 2 - ADDITIONAL SERVICES
If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional
Services of the types listed in Attachment A. These services are not included as part of Basic
Services and will be paid for by OWNER as indicated in Attachment C and in Article 5 of
Attachment D.
ARTICLE 3 - OWNERS RESPONSIBILITIES
OWNER shall furnish to CONSULTANT in a timely manner so as not to delay the services of
CONSULTANT items as provided in Attachment A.
ARTICLE 4 - PERIODS OF SERVICE
The provisions of this Article and the compensation for CONSULTANT'S services have been
agreed to in anticipation of the orderly and continuous progress of the Project.
CONSULTANT's obligation to render services hereunder will extend for a period which may
reasonably be required, including extra work and required extensions thereto. If in
Attachment B specific periods of time for rendering services are set forth or specific dates by
which services are to be completed are provided and if such dates are exceeded through no
fault of CONSULTANT, compensation provided herein shall be subject to equitable adjustment.
ARTICLE 5 - PAYMENTS
5.1 Methods of Payments for Services and Expenses
OWNER shall pay CONSULTANT for Basic Services, Additional Services, and Reimbursable
Expenses rendered (as amended and supplemented by Attachment A) in accordance with
Attachment C.
5.2 Times of Payments
CONSULTANT shall submit monthly invoices for Basic and Additional Services rendered and
for Reimbursable Expenses incurred. OWNER shall make prompt monthly payments in
response to CONSULTANT's invoices.
Attachment D
Page 1 of 4
71 120D 08/00
0 5.3 Other Provisions Concerning Payments
5.3.1 If OWNER fails to make any payment due CONSULTANT for services and expenses
within thirty days affer receipt of CONSULTANT's invoices, the amounts due CONSULTANT
will be increased at the rate of 1-112% per month (18% A.P.R.) from said thirtieth day, and in
addition, CONSULTANT may, affer giving seven days' written notice to OWNER, suspend
services under this Agreement until CONSULTANT has been paid in full all amounts due for
services and expenses.
5.3.2 In the event of termination by OWNER under paragraph 7 1 upon the completion of any
phase of the Basic Services, progress payments due CONSULTANT for services rendered
through such phase shall constitute total payment for such services. In the event of such
termination by OWNER during any phase of the Basic Services, CONSULTANT also will be
reimbursed for the charges of independent professional associates and consultants employed
by CONSULTANT to render Basic Services, and paid for services rendered during that phase
on the basis of CONSULTANT's Direct Labor Costs times a factor of 3.25 for services rendered
during that phase to date of termination by CONSULTANT's principals and employees engaged
directly on the Project. In the event of any such termination, CONSULTANT will be paid for all
unpaid Additional Services and unpaid Reimbursable Expenses, plus all termination expenses.
Termination expenses mean additional Reimbursable Expenses directly attributable to
termination, which, if termination is at OWNERS convenience, shall include an amount
computed at 20% of total compensation for Basic Services earned by CONSULTANT to the
date of termination.
5.3.3 Records pertinent to CONSULTANT's compensation will be kept in accordance with
generally accepted accounting practices.
5.3.4 Factors determining compensation payable to CONSULTANT will be adjusted
periodically and equitably to reflect changes in various elements that comprise such factors. All
such adjustments will be in accordance with generally accepted accounting practices as applied
on a consistent basis by CONSULTANT
5.3.5 The amount of any excise, value-added, gross receipts, or sales taxes that may be
imposed shall be added to the compensation as determined above.
5.4 Definitions
5.4.1 Direct Labor Costs used as basis for payment means salaries and wages (basic and
incentive) paid to all CONSULTANT's personnel engaged directly on the Project, but does not
include indirect payroll related costs.
5.4.2 Reimbursable Expenses mean the actual expenses incurred by CONSULTANT or
CONSULTANT's independent professional associates or consultants, directly or indirectly in
connection with the Project, such as expenses for transportation and subsistence incidental
thereto; telephone calls, electronic mail, facsimile transmissions, and telegrams; expenses
incurred for computer time, word processing equipment, survey and testing instruments, and
other highly specialized equipment: and reproduction of reports, documents, and similar
Project-related items.
Attachment D
Page 2 of 4
71 120D 08/00
0 ARTICLE 6 - OPINIONS OF COST
CONSULTANT'S opinions of probable Project Costs are made on the basis of CONSULTANT'S
experience, qualifications and judgment; but CONSULTANT cannot and does not guarantee
that actual Project Costs will not vary from opinions of probable cost. If OWNER wishes greater
assurance as to Total Project Costs, OWNER shall employ an independent cost estimator as
provided in Attachment A.
ARTICLE 7 -GENERAL CONSIDERATIONS
7.1 Termination
The obligation to provide further services under this Agreement may be terminated by either
party upon thirty days' written notice in the event of substantial failure by the other party to
perform in accordance with the terms hereof through no fault of the terminating party.
7.2 Reuse of Documents
All documents prepared or furnished by CONSULTANT (and independent professional
associates and consultants) pursuant to this Agreement are instruments of service and
CONSULTANT shall retain an ownership and property interest therein. OWNER may make
and retain copies for information and reference in connection with use by OWNER; however,
such documents are not intended or represented to be suitable for reuse by OWNER or others
on extensions of the Project or on any other project. Any reuse without written verification or
adaptation by CONSULTANT for the specific purpose intended will be at OWNERS sole risk
associates or consultants, and OWNER shall indemnify and hold harmless CONSULTANT and
independent professional associates and consultants from all claims, damages, losses and
expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or
adaptation will entitle CONSULTANT to further compensation at rates to be agreed upon by
OWNER and CONSULTANT
7.3 Insurance
CONSULTANT shall procure and maintain insurance for protection from claims under workers'
compensation acts, claims for damages because of bodily injury including personal injury,
sickness or disease or death of any and all employees or of any person other than such
employees, and from claims or damages because of injury to or destruction of property
including loss of use resulting therefrom. Requirements for insurance are amended and
supplemented as indicated in Attachment E.
7.4 Controlling Law
This Agreement is to be governed by the law of the place of business of CONSULTANT at the
address hereinbefore stated.
7.5 Successors and Assigns
7.5.1 OWNER and CONSULTANT each is hereby bound and the partners, successors,
extent permitted by paragraph 7.5.2. the assigns of OWNER and CONSULTANT) are hereby
executors, administrators and legal representatives of OWNER and CONSULTANT (and to the
and without liability or legal exposure to CONSULTANT, or to independent professional
I
Attachment D
Page 3 of 4
71 120D 06/00
@ administrators and legal representatives (and said assigns) of such other party, in respect of all
bound to the other patty to this Agreement and to the partners, successors, executors,
covenants, agreements and obligations of this Agreement.
7.5.2 Neither OWNER nor CONSULTANT shall assign, sublet or transfer any rights under or
interest in this Agreement (including, but without limitation, moneys that may become due or
moneys that are due) without the written consent of the other, except to the extent mandated or
restricted by law. Unless specifically stated to the contrary in any written consent to an
assignment, no assignment will release or discharge the assignor from any duty or
responsibility under this Agreement. Nothing contained in this paragraph shall prevent
CONSULTANT from employing such independent professional associates and consultants as
CONSULTANT may deem appropriate to assist in the performance of services hereunder
7.5.3 Nothing under this Agreement shall be construed to give any rights or benefits in this
Agreement to anyone other than OWNER and CONSULTANT, and all duties and
responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit
of OWNER and CONSULTANT and not for the benefit of any other party.
7.6 Dispute Resolution
7.6.1 Negotiation. OWNER and CONSULTANT agree to negotiate all disputes between them
in good faith for a period of 30 days from the date of notice prior to exercising their rights under
the dispute resolution provision below or other provisions of this Agreement, or under law.
7.6.2 Mediation. If direct negotiations fail, OWNER and CONSULTANT agree that they shall
between them arising out of or relating to this Agreement or the breach thereof to mediation in
accordance with the Construction Industry Mediation Rules of the American Arbitration
Association effective on the date of this Agreement prior to exercising other rights under law.
0 submit any and all unsettled claims, counterclaims, disputes, and other matters in question
Attachment D
Page 4 of 4
71 120E 06/00
ATTACHMENT E - INSURANCE
Agreement dated
Worker's Compensation
Initials:
OWNER
CONSULTANT
I Worker's Compensation insurance covering the CONSULTANT for any and all claims which
may arise against the CONSULTANT because of Worker's Compensation and Occupational
i Disease Acts shall be carried. The Employer's Liability Section shall have limits of not less than $100,000 each accident; $500,000 disease, policy limit; and $100,000 disease, each employee.
Commercial General Liability
Commercial General Liability insurance protecting the CONSULTANT against any and all
general liability claims which may arise in the course of performance of this Agreement shall be
carried. The limits of liability shall not be less than the following:
General Aggregate: $ 1,000,000
Products-Completed Operations Aggregate: $ 1,000,000
Personal & Advertising Injury: $ 1,000,000
Each Occurrence: $ 1,000,000
Fire Damage (Any One Fire): $ 50,000
Medical Expense (Any One Person): $ 5,000
Property damage liability coverage shall not exclude explosion, collapse, and underground
perils if CONSULTANT is engaged in these activities.
Commercial General Liability coverage shall also protect the CONSULTANT for the same limits
of liability for claims which may arise because of the indemnity or contractual liability agreement
contained within this Agreement.
Business Automobile Liability
Business Automobile Liability insurance including Owned, Non-Owned, and Hired vehicles shall
be carried. Bodily Injury and Property Damage combined single limit shall be not less than
$1,000,000.
Professional Liability - Errors and Omissions
Professional Liability insurance protecting the CONSULTANT against Professional Liability
claims which may arise in the course of this Agreement shall be carried. The limit of liability
shall not be less than $1,000,000 per claim with an aggregate of not less than $1,000,000.
Valuable Papers
During the life of this Agreement, the CONSULTANT shall maintain in force Valuable Papers
and Records insurance in an amount equal to the maximum exposure to loss of written, printed,
or otherwise inscribed documents and records, including books, maps, films, drawings,
abstracts, deeds, mortgages. and manuscripts as shall be required andlor produced in the I) completion of this Agreement by the CONSULTANT
Attachment E
Page 1 of 1
b
1
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1
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e
0
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #76-2001 /
APPROVAL OF AGREEMENT
BETWEEN THE CITY OF MUSKEG0 AND
//
BE IT RESOLVED That the of Muskego, upon the
recommendation of the approve the attached
Agreement between the 8 Associates, Inc. for
professional services for the of Moorland Road for an amount
not to exceed $163,319.89.
BE IT FURTHER are authorized to
sign the
DATED THIS I ,2001
SPONSORED BY:
FINANCE COMMITTEE
Ald. Mark Slocomb
Ald. David Sanders
Ald. Nancy Salentine
This is to certify that this is a true and accurate copy of Resolution #76-2001 which was
adopted by the Common Council of the City of Muskego.
Clerk-Treasurer
4/0ljmb
,-