CCR2007128COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #128-2007
AUTHORIZATION TO ENTER INTO
AGREEMENT BETWEEN THE CITY OF MUSKEGO AND
R. A. SMITH & ASSOCIATES, INC. FOR
MUNICIPAL ENGINEERING AND
CONSTRUCTION INSPECTION SERVICES
WHEREAS, The Finance Committee has reviewed the attached professional services
agreement between the City of Muskego and R. A. Smith & Associates, Inc. for
engineering review and inspection services related to land divisions for a period of one
year beginning on the date of execution of the Agreement.
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 Agreement.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to
sign the Agreement in the name of the City.
DATED THIS 1ih DAY OF June ,2007.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Bob Melcher
Ald. Neil Borgman
Ald. Keith Werner
This is to certify that this is a true and accurate copy of Resolution #128-2007 which
was adopted by the Common Council of the City of Muskego.
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AGREEMENT
between
CITY OF MUSKEGO
and
R.A. SMITH & ASSOCIATES, INC.
for
MUNICIPAL ENGINEERING
and
CONSTRUCTION INSPECTION SERVICES
2007
PROFESSIONAL ENGINEERING AND CONSTRUCTION
INSPECTION AGREEMENT
This AGREEMENT, upon execution by and between the CITY OF MUSKEGO hereinafter referred to as
the MUNICIPALITY and R.A. Smith & Associates, Inc. hereinafter referred to as the ENGINEER,
provides for PROFESSIONAL CONSULTING ENGINEERING AND CONSTRUCTION
INSPECTION SERVICES to be furnished by ENGINEER as CITY CONSULTING ENGINEER on an
as-needed basis only and when directed by the MUNICIPALITY for those tasks specifically described in
the Scope of Services.
The terms of this AGREEMENT shall provide services of the CITY CONSULTING ENGINEER, which
are requested by the MUNICIPALITY. The intent and purpose of this AGREEMENT are to achieve a
mutual understanding of the responsibilities of the ENGINEER and the form of compensation to be
received by the ENGINEER to provide said services on an ongoing basis.
Section 1 - General
A. The ENGINEER shall perform and provide normal civil, environmental, municipal engineering,
site planning, surveying, and construction services as herein stated.
Section 2 - Principal Contacts
A. The MUNICIPALITY and ENGINEER understand the following individuals are considered the
contact priorities for all direction, requests, and services:
MUNICIP ALITY
I. Primary Contact: Jennifer Sheiffer
City Administrator
W 182 S8200 Racine Avenue
Muskego, WI 53150-0749
(262) 679-4106
ENGINEER
I. Primary Contact: Michael P. Steiner, P.E.
Proj ect Manager
16745 West Bluemound Road
Brookfield, WI 53005
(262) 317-3374
2. Secondary Contact: Thomas J. Ludwig, P.E.
Senior Project Manager
16745 West Bluemound Road
Brookfield, WI 53005
(262) 317-3307
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Section 3 - Duration of Appointment and Engineer's Scope of Services
A.
B.
c.
The term of appointment of ENGINEER shall be for a period of one (1) year beginning on the
date of execution of this AGREEMENT.
The ENGINEER shall provide the following professional services or any other services requested
by the MUNICIPALITY that are within the scope of work offered by the ENGINEER.
1. Review plans presented to the City Planning Commission for code conformance; prepare
engineering review reports for Planning Commission packets, coordinate with Planning
Commission applicants to get all required information.
2. Development plan review and construction observation services for residential and
commercial developments that require public utilities to be installed as part of the
development or a private improvement that has been identified as being of public interest
(i.e., a private frontage road).
3. Attend Planning Commission meetings and any other meetings requested by the
MUNICIPALITY.
4. Respond to questions from the City Administrator, Mayor or City Engineer.
5. Perform any other services as may be directed by the MUNICIPALITY provided they are
within the scope of services provided by the ENGINEER.
Notwithstanding any other provision in this AGREEMENT, this is a non-exclusive agreement
and the MUNICIPALITY shall have the right to hire any engineering firm to perform the
engìneering services referred to in this AGREEMENT.
Section 4 - Compensation
A. In consideration for services outlined in Section 3, the MUNICIPALITY shall compensate the
ENGINEER as follows:
1. On an hourly-rate basis in accordance with the attached Professional Fees Rate Schedule
(Exhibit A). Mike Steiner shall charge his time at a rate of$97 per hour.
2. ENGINEER shall provide separate invoices to MUNICIPALITY for each Planning
Commission applicant in order for MUNICIPALITY to charge applicants for aU
engineering review time, coordination, reports and that portion of the Planning
Commission meeting attributable to that particular applicant.
ENGINEER to charge MUNICIPALITY for requests for information, meetings and preparation
of information for the MUNICIPALITY for requests not attributable to the Planning Commission
Applicants or developers (i.e., citizen complaints or request for information from closed project)
as set out in Section 5 A 1. and 2.
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B. Meetings
1. Hourly rates shall apply for attendance at all meetings outside those stated in 2. and 3.
below.
2. Portions of meeting that are attributable to an applicant or developer shall be charged to
said applicant or developer.
3. R.A. Smith & Associates, Inc. shall also charge a flat fee of $300 per Plan Commission
meeting to cover time at meetings and time spent on other miscellaneous City business
throughout the month not attributable to an applicant or developer.
4. Travel time shall be charged for meetings undertaken during the normal business day,
Monday through Friday, 7:00 a.m. through 6:00 p.m. Travel time shall not be charged
for meetings after 6:00 p.m., provided the meeting is within 50 miles round trip of the
ENGINEER.
5. For meetings after 6:00 p.m. and exceeding 50 miles round trip, one hour of travel time
will be deducted from the total travel time charged.
c. Mileage shall be invoiced at the current IRS reimbursement rate in effect at the time mileage is
incurred. Mileage shall be measured from the R.A. Smith & Associates, Inc., office in
Brookfield, Wisconsin.
D. The ENGINEER shall submit invoicing on a monthly basis, itemizing categories of personnel,
tasks performed, and hours. For projects reviewed as part of the Planning Commission meeting,
separate invoices will be provided.
Section 5 - Responsibilities and Mutual Covenants
A. Services in addition to those in the Scope of Services may be requested by the MUNICIPALITY
through the following methods:
1. Verbal request by the City Administrator, Mayor, or City Engineer.
2. Written request by the City Administrator, Mayor, or City Engineer.
B. It is understood that R.A Smith & Associates, Inc. will be responsible for inspecting site
improvements for commercial developments approved by the Planning Commission to assure that
the applicant meets the requirements of the site, site grading, stormwater management,
landscaping and lighting of the development.
c. ENGINEER shall procure and maintain insurance for protection from claims as set forth on the
attached list of minimum insurance required by the City marked as Exhibit B.
D. Either party may terminate this AGREEMENT, in whole or in part, in writing, if the other party
substantially fails to fulfill its obligation under this AGREEMENT. However, no such
termination may be affected unless the other party is given: (1) not less than ten (10) calendar
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days written notice (delivered by certified mail, return receipt requested) of intent to terminate
and (2) an opportunity for consultation with the termination party before termination.
E. Upon termination, the MUNICIPALITY may take over the work and prosecute the same to
completion by agreement with another party or otherwise. In such event, the MUNICIPALITY
will hold harmless the ENGINEER from all claims and damages arising out of improper use of
the ENGINEER's work, to the extent said improper use occurred after said termination.
F. The ENGINEER shall maintain and make available to the MUNICIPALITY the records under
this AGREEMENT for a period of three (3) years from date services were provided.
G. All work products pertaining to the services defined by this Agreement, developed by R.A. Smith
& Associates, Inc. shall become the property of the MUNICIPALITY. However, the
ENGINEER shall have the right to retain copies of all work product and documentation provided
to the MUNICIP ALITY . MUNICIPALITY shall, at the ENGINEER expense, provide
ENGINEER with copies of all information requested.
R.A. Smith & Associates, Inc. reserves the right to use said documentation and information for
any purpose related or non-related to said project, including marketing, promotion, and future
business.
Section 6 - Limitation of Liability
The ENGINEER shall not be responsible for errors or omissions in the work of the CONTRACTOR or
SUBCONTRACTOR or any of said CONTRACTOR(s)' or SUBCONTRACTOR(s)' agents or
employees or any other persons except ENGINEER's own employees and agents and CONTRACTORS
and SUBCONTRACTORS in the employ of or under contract with ENGINEER.
The parties agree that all disputes including, but not limited to, errors, liability, claims for services and
fees, expenses, losses, etc., shall be submitted for mediation and, if not resolved, to binding arbitration.
Notice shall be provided to the breaching party that mediation shall occur thereafter within 45 days of the
written notice. If mediation is not successful and/or the parties waive mediation, the matter shall be
submitted to binding arbitration pursuant to the rules of the American Arbitration Association; however,
the arbitrator shall be selected pursuant to the following procedure. If the parties cannot agree to an
arbitrator to resolve the dispute, each party shall select an arbitrator, the two of whom shall meet
thereafter to select an impartial third arbitrator who shall hear and decide the matter. Each party shall be
responsible for the fees of the arbitrator which it selects and the cost of the mediator or impartial arbitrator
shall be shared equally between the parties.
To the fullest extent permitted by law, ENGINEER shall indemnify and hold harmless MUNICIPALITY
as well as MUNICIPALITY'S officers, directors, employees, consultants, insurers and assigns from and
against all claims costs, losses and damages including, but not limited to, all fees and charges of
engineers, architects, attorneys and other professionals and all court or arbitration or other dispute
resolution costs caused by the intentional or negligent acts or omissions of ENGINEER or ENGINEER'S
officers, directors, partners, employees, agents and assigns in the performance and furnishing of
professional services under this agreement. Under no circumstances shall the ENGINEER be expected to
indemnify the MUNICIPALITY as against MUNICIPALITY'S own negligence or intentional conduct.
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Section 7 - Successors and Assigns
The MUNICIPALITY and ENGINEER each binds itself and its partners, successors, executors,
administrators and assigns to the other party of this AGREEMENT and to the partners, successors,
executors, administrators, and assigns of such other party, in respect of all covenants of this
AGREEMENT; except as above, neither MUNICIPALITY nor ENGINEER shall assign, sublet, or
transfer its interest in this AGREEMENT without the written consent of the other. Nothing herein shall
be construed as creating any personal liability on the part of any officer or agent of any public body,
which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone
other than the MUNICIPALITY and ENGINEER.
Section 8 - Separation of this AGREEMENT from existing agreement
This AGREEMENT is separate and independent from the agreement for Professional Services dated
March 13, 2002 between the parties of this AGREEMENT and this AGREEMERNT shall control any
and all work performed by ENGINEER for the MUNICIPALITY concerning and relating to engineering
review of applications made according to Chapter 18 of the Muskego Land Division Ordinance and
related land division and private development issues and as to engineering review of the Engineering
Standard Specifications for private development, and inspection services for all public improvements
related to private development approved by the MUNICIPALITY. This AGREEMENT and not that
agreement dated March 13,2002 shall apply to the services referenced in this paragraph.
Section 9 - No Private Work by Engineer
During the term of this AGREEMENT neither the ENGINEER nor any entity in which the ENGINEER
or an owner of the ENGINEER has an interest shall perform engineering or surveying work for private
persons or entities within the MUNICIPALITY that require review by the ENGINEER. This
AGREEMENT shall not apply to contracts of the entities mentioned in this paragraph entered prior to
execution of this AGREEMENT.
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IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed in their
behalf respectively by their proper officers or officials thereunto duly authorized by their respective
governing bodies.
The CITY Council of the CITY OF MUSKEGO on tÞ - / ~ -IJ 7, did approve this AGREEMENT and
accordingly authorized execution as follows:
ENGINEER MUNI CIP ALITY
R.A. SMITH & ASSOCIATES, INC.
(2J)~ Richard A. Smith, M.S., P.E.
President
CITY OF MUSKEGO
;;;;Ii!
Mayor f\-~
WITNESS
1f\~ r S~ Michael P. Steiner, P.E.
Project Manager
"'. /'
Date: t:,- Zb - 07 Date: (y-JI-{)]
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EXHIBIT A
HOURLY RATE SHEET
R. A. SMITH & ASSOCIATES, INe.
2007 PROFESSIONAL FEES RATE SCHEDULE
SURVEYING SERVICES
Survey Director............................... ............................ ......... ........... ..............................
$112
Project Manager .......... ....... ........... ........"............ ............ .......... ..... ..... .................., .......
$ 97
3-Member Field Crew..... .......... ........ ...... ... ......... .........."...... ............. ....... .......... ....,.....
$156
2-Member Field Crew.... .... ..............,............ ..,... ................................... ..... ....... .... ... ...
$143
Field Person/GPS/Robotics .........................................................................................
$116
Proj ect Surveyor........... ...... ..............,. ....... ... ......,............. .........,. ...... .... ........................
$ 82
Technician IV.... ..... ......................... ......... ....,............ ........ ......... ....,... ..... ..... .................
$ 79
Technician ill .". ................... .............. ..............,........ ........ ............. ...............................
$ 76
Technician II ......................... ...... ............. ........,..... ............ ....... ....................................
$ 71
Technician I............. ...... .......... ...... .." ... ."...... ...... .............. .............."........... .....,...........
$ 57
Wetlands Technician ............................................................. ........... ............................
$ 74
ENGINEERING SERVICES
Principal-In-Charge.......... ......... ......"............... .,........ ...................................................
$157
Division Manager........... ...... ...............,..... .............,... ............................................... ....
$124
Sr. Project Manager ................... ......................................................................... ..........
$107
Project Manager ............................................ ........................................................ ........
$104
Sr. Project Engineer ......"... ............................................................... ..................." .......
$100
Project Engineer ..........."........ ........."............ ................................................................
$ 97
Civil Engineer ill ."............ .................................................... .......................................
$ 93
Civil Engineer ll.. .........."............. .......................... ................,. .....................................
$ 90
Civil Engineer I.............. ..................................... ................... .......................... .............
$ 86
Technician V
............................................. ...................................... ....,.. .... ............ .......
$ 94
Technician IV... ..................................................................... .............". ..... ........ ...........
$ 85
Technician III ........... ..."....... ...... ............... ......................................... .......... ...... ...........
$ 78
Technician II . ....... ....................... ........ ....... ...................................... ........ ............... ......
$ 70
Technician I............ .................. .................................................................. ..... ... ....... ....
$ 60
Planner........................................................................ ...................................................
$ 100
Registered Landscape ..Architect................................................................................. $ 112
CONSTRUCTION SERVICES
Construction Services Manager ............................................................. ......... ..............
$ 104
Construction Technician ill.... .................. .......... .................. ...................,....... ..........".
$ 95
Construction Technician II ...........................................................................................
$ 77
Construction Technician I..................................................................................... ........
$ 60
PER HOUR
GIS/3D VISUALIZATION SERVICES
GIS Services Manager ..................................................................................................
$ 104
GIS Project Manager ....................................................................................................
$ 102
3DV Services Manager...........................................................................,.....................
$ 89
Architectural Technician II ......... ................. ......................... ....:............ ..........,............
$ 84
Architectural Technician I............................................................................................
$ 77
GIS Technician ........."............ .......................... ..........,........... ........ .................. .... ........
$ 83
GIS Technician ... .................... .................................................... ..........."......... ...... ......
$ 70
GIS Technician ......................."...... ..................................... ............... ..........................
$ 58
GIS Application Programmer .......................................................................................
$ 94
ADMINISTRATIVE SERVICES
Computer Services Manager ........................................................................................
$ 140
Computer Services Technician.....................................................................................
$ 118
Grants Specialist... .....". ..........".... ........... ............... .................... ...... ............................
$ 82
Technical Assistant ......................................................................... ."............... ............
$ 87
Word Processor ..... ............................................................... ...........".... ........................
$ 59
Usual and customary expenses such as mileage, postage, delivery and printing are not included in the above
rates, and will be invoiced at cost.
H :\z-tjl\Proposals\Muskego\M uskegoRASO7RA TES.doc
EXHIBIT B
MINIMUMAMOUNTS OF INSURANCE
REQUIRED
Exhibit B
The minimum amount of insurance which shall be considered adequate for each type of policy referred to
in this paragraph is as follows:
Engineer shall maintain limits no less than:
Engineer's Professional Liability: $2,000,000 per claim; $2,000,000 aggregate.
Commercial General Liability for bodily injury, personal injury, advertising injury and property damage.
a.
b.
General Aggregate Limit (other than Products Completed Operations) $2,000,000
Products-Completed Operations Aggregate $2,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence Limit $1,000,000
c.
d.
Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property
damage.
Workers' Compensation and Employer's Liability: Workers' Compensation benefits as required by the
State of Wisconsin and Employers' Liability, with sufficient limits to meet Umbrella Liability
underlying insurance requirements.
Errors and Omissions: $2,000,000 per occurrence, $2,000,000 aggregate
Umbrella Liability: $2,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products-
completed operations aggregate
The insurance requirements as set forth herein are the minimum limits and the minimum coverages to be
maintained.
( 6/07)