CCR2004033AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #033-2004
APPROVAL OF TWO-PARTY CONSTRUCTION AGREEMENT
BETWEEN THE
WAUKESHA COUNTY DEPARTMENT OF TRANSPORTATION AND
THE CITY OF MUSKEGO
WHEREAS, The City of Muskego and Waukesha County Department of
Transportation will enter into an agreement for the Janesville Road reconstruction
project; and
WHEREAS, The Finance Committee has reviewed the attached Agreement and has
recommended approval.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego, upon the recommendation of the Finance Committee, does hereby approve
the attached Two-Party Construction Agreement between the Waukesha County
Department of Transportation and the City of Muskego.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are hereby
authorized to execute the agreement in the name of the City.
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BE IT FURTHER RESOLVED That the Engineering/Building Inspection Director is
hereby designated as the representative to act for the City.
DATED THIS 1ih DAY OF FEBRUARY ,2004.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Rick Petfalski
Ald. Nancy C. Salentine
Ald. Eric Schroeder
Deferred: 02/1 0/04
This is to certify that this is a true and accurate copy of Resolution #033-2004 which
was adopted by the Common Council of the City of Muskego.
,,-.
2/2004jmb
~K ÞYI~ rk-Treasurer
TWO-PARTY CONSTRUCTION AGREEMENT
between the
WAUKESHA COUNTY DEPARTMENT OF PUBLIC WORKS
and the
THE CITY of MUSKEGO
This agreement, made and entered into by and between the Waukesha County Department of
Public Works, hereinafter called the DEPARTMENT, and the City of Muskego, hereinafter called the
CITY, provides for payment of additional design, construction and administration costs associated
with items requested by the City of Muskego and to be constructed in conjunction with the roadway
improvements under Project I.D. 00-2380(11 )(C).
WHEREAS, the DEPARTMENT is planning the reconstruction of CT.H. "L" in the City of Muskego
from Golden County Drive to Milwaukee County Line, and that part of said reconstruction includes the
construction of intersection treatments, sanitary sewer relays, sidewalks, pedestrian/bike paths and
incidental items requested by the CITY, with said reconstruction work to take place in 2004, and
WHEREAS, the DEPARTMENT requires the CITY to be responsible for payment of the full cost of
said additional costs and municipal improvements, and
WHEREAS, the parties agree to enter into a mutually beneficial agreement to construct the
.-intersection treatment, sanitary sewer relays, sidewalks, pedestrian/bike paths and incidentals items
~ncurrent with and under the same contract as the roadway improvements, and
WHEREAS, the parties agree that the construction costs listed herein are estimated using the best
available information at the time of the agreement, and that actual construction costs may increase or
decrease depending upon market conditions and any unforeseen construction changes necessary to
construct said improvements to DEPARTMENT standards. The CITY agrees to pay the actual costs
associated with said construction necessary to construct these items.
NOW, THEREFORE BE IT RESOLVED, that the parties hereto do mutually agree to the
responsibilities related to the construction of the said items and to the funding of said construction as
described below:
IMPROVEMENT DESCRIPTION:
Said improvements are to include the construction of intersection treatments, sanitary relays,
sidewalk, pedestrian/bike paths, and incidental items, (see estimated cost table), necessary to
complete the work, engineering inspection, administration, and any contingencies necessary to
satisfactorily complete the work to DEPARTMENT standards.
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,,-q.ESPONSI 81 LlTI ES:
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The DEPARTMENT shall:
1. Through its Consultant, URS Corporation, make the necessary changes to the contract plans,
specification and estimate in order to include these items as near to the location desired by the
CITY as is possible and still provide accessibility for utilities.
2. Competitively and publicly bid said roadway improvements under Project I.D. 00-2380(11 )(C)
in accordance with Section 62.15 of the State statutes and all other applicable state and local
laws.
3. Retain a competent engineering consulting firm to administer the construction and engineering
management of said construction. The portion of the contract amount for said consultant
attributable to the CITY portion of the work shall be agreed upon in writing between the
DEPARTMENT and the CITY.
4. Keep accurate accounts of all construction activities, changes in work, construction costs, and
any delays or additional work necessary to complete the project so as to accurately assess
any incremental cost increases or decreases to any party.
5. Make available, with reasonable notice, bidding documents, bid results, notice of award,
copies of all records, recommendations of awards, reports, engineer findings, and
correspondence regarding said roadway improvements.
6. Duly execute, award, and administer all such construction contracts necessary to complete the
improvements in an expeditious fashion in accordance with generally approved engineering
and construction standards.
7. Issue work change directives, change orders, or other appropriate documents to the
contractor, as contract or construction changes dictate, to expedite the progress of the
construction work. Any document that would increase the CITY's costs shall be provided, via
fax, to the CITY's Representative for review, and the CITY's comments thereon considered if
received by the CITY Representative within two business days of the time it is faxed to the
CITY's Representative, before execution by the DEPARTMENT.
8. Make payments to the contractor in accordance with the executed construction contract, and
invoice the CITY accordingly for their portion of the work completed.
9. Upon completion of the project, furnish a detailed breakdown of all costs incurred, including all
change orders and work change directives, to the CITY. Said detailed breakdown shall
allocate costs to the CITY based upon the actual, as bid costs, which may be lesser or greater
than the estimated costs shown in this agreement.
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?he CITY shall:
---
,--.
1. Agree to pay the entire cost of all construction of the intersection treatments, sanitary sewer
relays, sidewalk, pedestrian/bike paths, incidental items, engineering inspection,
administration, and any contingencies necessary to complete the work according to the plans
and specifications and as outlined below.
2. After the DEPARTMENT's opening of bids for this project, but prior to the DEPARTMENT's
award of the construction contract, if the total of CITY's Estimated Cost, pursuant to the
attached estimated cost table, as estimated by the DEPARTMENT's engineers, on this project
is more than 10% higher, the CITY shall have ten (10) days after receipt of a notice from the
DEPARTMENT to notify the DEPARTMENT, in writing, that the CITY does not wish to proceed
with the project. If the DEPARTMENT receives no such notice in writing within the time
allowed, time being of the essence, it may award said construction contracts and CITY shall be
fully obligated to all requirements of this Agreement. If the DEPARTMENT receives such a
notice, CITY shall be responsible to pay the DEPARTMENT for the costs to that date but shall
have no further responsibility under the contract.
3. Enact a City Resolution in agreement with these provisions and provide a copy to the
DEPARTMENT.
4. Agree to accept ownership and maintenance responsibilities for these items.
Designate a representative to act for the CITY
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #033-2004
APPROVAL OF TWO-PARTY CONSTRUCTION AGREEMENT
BETWEEN THE .
WAUKESHA COUNTY DEPARTMENT OF TRANSPORT
THE CITY OF MUSKEGO
ed Agreement and has
WHEREAS, The City of Muskego and Waukesha County
Transportation will enter into an agreement for the Janes I
project; and
WHEREAS, The Finance Committee has reviewe he a
recommended approval.
NOW, THEREFORE, BE IT RESOLVED Th the mon Council of the City of
Muskego, upon the recommendation of the nan mmittee, does hereby approve
the attached Two-Party Construction A eme etween the Waukesha County
Department of Transportation and the Ci of Musk go.
.'--- DATED THIS
r and Clerk-Treasurer are hereby
e of the City.
BE IT FURTHER RESOLVED th the
authorized to execute the agreeme in th
,2004.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Rick Petfalski
Ald. Nancy C. Salentine
Ald. Eric Schroeder
Deferred: 02/10/04
This is to certify that this is a true and accurate copy of Resolution #033-2004 which
was adopted by the Common Council of the City of Muskego.
Clerk-Treasurer
2/2004jmb
r
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TWO-PARTY CONSTRUCTION AGREEMENT
between the
WAUKESHA COUNTY DEPARTMENT OF PUBLIC WORKS
and the
THE CITY of MUSKEGO
This agreement, made and entered into by and between the Waukesha County Department of
Public Works, hereinafter called the DEPARTMENT, and the City of Muskego, hereinafter called the
CITY, provides for payment of additional design, construction and administration costs associated
with items requested by the City of Muskego and to be constructed in conjunction with the roadway
improvements under Project 1.0. 00-2380(11 )(C).
WHEREAS, the DEPARTMENT is planning the reconstruction of C.T.H. "L" in the City of Muskego
from Golden County Drive to Milwaukee County Line, and that part of said reconstruction includes the
construction of intersection treatments, sanitary sewer relays, sidewalks, pedestrian/bike paths and
incidental items requested by the CITY, with said reconstruction work to take place in 2004, and
WHEREAS, the DEPARTMENT requires the CITY to be responsible for payment of the full cost of
said additional costs and municipal improvements, and
WHEREAS, the parties agree to enter into a mutually beneficial agreement to construct the
J'ltersection treatment, sanitary sewer relays, sidewalks, pedestrian/bike paths and incidentals items
Jncurrent with and under the same contract as the roadway improvements, and
WHEREAS, the parties agree that the construction costs listed herein are estimated using the best
available information at the time of the agreement, and that actual construction costs may increase or
decrease depending upon market conditions and any unforeseen construction changes necessary to
construct said improvements to DEPARTMENT standards. The CITY agrees to pay any incremental
cost increases associated with said construction changes necessary to construct these items.
NOW, THEREFORE BE IT RESOLVED, that the parties hereto do mutually agree to the
responsibilities related to the construction of the said items and to the funding of said construction as
described below:
IMPROVEMENT DESCRIPTION:
Said improvements are to include the construction of intersection treatments, sanitary relays,
sidewalk, pedestrian/bike paths, and incidental items, (see estimated cost table), necessary to
complete the work, engineering inspection, administration, and any contingencies necessary to
satisfactorily complete the work to DEPARTMENT standards.
('
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-qESPONSIBILITIES:
r
The DEPARTMENT shall:
1. Through its Consultant, URS Corporation, make the necessary changes to the contract plans,
specification and estimate in order to include these items as near to the location desired by the
CITY as is possible and still provide accessibility for utilities.
2. Competitively and publicly bid said roadway improvements under Project I.D. 00-2380(11 )(C)
in accordance with Section 62.15 of the State statutes and all other applicable state and local
laws.
3. Retain a competent engineering consulting firm to administer the construction and engineering
management of said construction. The portion of the contract amount for said consultant
attributable to the CITY portion of the work shall be agreed upon in writing between the
DEPARTMENT and the CITY.
4. Keep accurate accounts of all construction activities, changes in work, construction costs, and
any delays or additional work necessary to complete the project so as to accurately assess
any incremental cost increases or decreases to any party.
5. Make available, with reasonable notice, bidding documents, bid results, notice of award,
copies of all records, recommendations of awards, reports, engineer findings, and
correspondence regarding said roadway improvements.
6. Duly execute, award, and administer all such construction contracts necessary to complete the
improvements in an expeditious fashion in accordance with generally approved engineering
and construction standards.
7. Issue work change directives, change orders, or other appropriate documents to the
contractor, as contract or construction changes dictate, to expedite the progress of the
construction work.
8. Make payments to the contractor in accordance with the executed construction contract, and
invoice the CITY accordingly for their portion of the work completed.
Upon completion of the project, furnish a detailed breakdown of all costs incurred, including all
change orders and work change directives, to the CITY. Said detailed breakdown shall
allocate costs to the CITY based upon the actual, as bid costs, which may be lesser or greater
than the estimated costs shown in this agreement.
9.
2
rhe CITY shall:
1. Agree to pay the entire cost of all construction of the intersection treatments, sanitary sewer
relays, sidewalk, pedestrian/bike paths, incidental items, engineering inspection,
administration, and any contingencies necessary to complete the work according to the plans
and specifications and as outlined below.
2. Enact a City Ordinance in agreement with these provisions and provide a copy to the
DEPARTMENT.
3. Agree to accept ownership and maintenance responsibilities for these items.
ESTIMATED COST:
Item No. Item Description Units Quantity Est. Cost Extension
305.0120 Base Aggregate Dense 1 1/4-lnch TON 3400 $ 7.75 $ 26,350.00
~55.01 05 Asphaltic Material PG58-28 TON 85.6 $ 150.00 $ 12,840.00
~60.1100 HMA Pavement Type E-o.3 TON 1557 $ 30.00 $ 46,710.00
602.0405 Concrete Sidewalk 4-lnch SF 8045 $ 2.40 $ 19,308.00
602.0415 Concrete Sidewalk 6-lnch SF 1230 $ 3.00 $ 3,690.00
611.8110 AdiustinQ Manhole Covers EACH 25 $ 300.00 $ 7,500.00
690.0100 Sawcut LF 1250 $ 0.80 $ 1,000.00
611.8120.S Cover Plates Temporary EACH 25 $ 75.00 $ 1 ,875.00
SPV.0060.13 6-lnch Hydrant Adjustment EACH 2 $ 300.00 $ 600.00
5PV.0060.14 12-lnch Hvdrant Adiustment EACH 2 $ 500.00 $ 1,000.00
SPV.0060.15 18-lnch Hvdrant Adjustment EACH 2 $ 700.00 $ 1,400.00
SPV.0060.16 24-lnch Hydrant Adjustment EACH 2 $ 900.00 $ 1,800.00
SPV.0060.17 Manhole Cap EACH 1 $3,000.00 $ 3,000.00
SPV.0090.06 6" Lateral Re-Lay LF 880 $ 25.00 $ 22,000.00
SPV.0180.01 Stamped and Colored Concrete Pavement SY 1445 $ 115.00 $166,175.00
SPV.0180.02 Concrete Header 18-lnch Wide SY 150 $ 80.00 $ 12,000.00
24" Coated #6 Tie Bar EACH 680 $ 3.00 $ 2,040.00
42" Coated #6 Tie Bar EACH 465 $ 5.00 $ 2,325.00
18" Coated 1-1/4" Dowel Bar EACH 440 $ 8.00 $ 3,520.00
SUBTOTAL $335,133.00
Engineering
and
Continooncies $ 50,269.95
TOTAL $385,402.95
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,-. APPROVAL
THIS AGREEMENT will be effective on the date of the DEPARTMENT'S signature, which is the
Effective Date of this agreement.
CITY: DEPARTMENT:
City of Muskego Waukesha County
By: By:
Title: Title: Director of Public Works
Date: Date:
r- By:
Corporate Seal Title: County Executive
Date:
Attest:
Address for Contact:
Title: Waukesha County Department of
Public Works
1320 Pewaukee Road
Waukesha, WI 53188
Address for Contact:
City of Muskego
W182 58200 Racine Avenue
P.O. Box 749
Muskego, WI 53150
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