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CCR1993085COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #85-93 APPROVAL OF AGREEMENT BETWEEN CITY OF MUSKEGO, CAROL J. DEBACK, CATS NATIONWIDE, INC., AND JOSEPH A. AND MARIE J. SANTI AS TO AND QMC, INC. AS TO JOBS GUARANTEE EXTENSION OF ENTERPRISE DRIVE WHEREAS, the City has agreed, with adoption of Resolution #252-92, to participate in the funding for the extension of Enterprise Drive to the western edge of the Industrial Park; and WHEREAS, the City has also agreed in concept, with the adoption water service to the end of the City's industrial land not to of Resolution #267-92 of the extension of Enterprise Drive and exceed $55,000, with funds to be taken from the Industrial Park fund balance if an appropriate agreement can be worked out with Nationwide, Inc. as to the extension of Enterprise Drive and Joseph A. and Marie J. Santi, Carol J. DeBack and CATS QMC, Inc. as to Exhibit 4 attached hereto, with electrical service to be extended by Jospeh A. and Marie J. Santi, Carol J. DeBack and CATS Nationwide, Inc.; and WHEREAS, the owners of the property to the west, Joseph A. and Marie J. Santi, Carol J. DeBack and CATS Nationwide, Inc., have agreed to fund their portion of the extension of Enterprise Industrial Park through the execution of Resolution #252-92; and WHEREAS, the City is the recipient of a Wisconsin Department of Transportation - Transportation Facilities Economic Assistance and Development (TEA) Grant for Enterprise Extension in the warrant that amount, and which could fund up to $5,000 per job amount of $47,500, which could be $55,000 if eligible costs created or retained; and WHEREAS, QMC, Inc. has agreed to enter into a Jobs Guarantee with the City of Muskego to ensure that the funds from the Wisconsin Department of Transportation will be reimbursed if the jobs are not created or retained; and WHEREAS, the final lift of asphalt is to be installed in 1994 or later and the responsibility of Joseph A. and Marie J. Santi and Carol J. DeBack/CATS Nationwide, INC. is 3/16 for Joseph A. and Marie J. Santi and 3/16 for Carol J. DeBack/CATS Nationwide, Inc. of the cost for said final lift of asphalt, and based on the Alternate Bid from the successful bidder on the Enterprise Drive project, that cost is $948.75 each; and WHEREAS, the City is accepting the responsibility for installation through its construction contract for the final @ lift of asphalt, and upon receipt of payment of $948.75 from each (Joseph A. and Marie J. Santi and Carol J. DeBack/CATS 1 Drive to provide access to their properties west of the @ Park Fund Account and Joseph A. and Marie J. Santi and Carol J. Nationwide, Inc.), said funds will be deposited in the Industrial DeBack/CATS Nationwide, Inc. will be relieved of any future liability for payment toward the final lift of asphalt; and WHEREAS, a bid from Mainline Sewer and Construction, Inc. was the low bid for the project in the amount of $121,745.00. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego agrees to participate in the funding for the extension of Enterprise Drive not to exceed $55,000 with funds to be taken from the Industrial Park fund. BE IT FURTHER RESOLVED that Joseph A. Santi and Marie J. Santi, Carol J. DeBack and CATS Nationwide, Inc. and the City of Muskego hereby agree that the funding for the transportation related improvements shall be according to the following: b 1. Joseph A. and Marie J. Santi agree to fund 50% and Carol J. DeBack/CATS Nationwide, Inc. agree to fund 50% of costs that are not grant eligible for the approximate 300 feet of the road improvements of Enterprise Drive and the water main to Engineers, starting at the west end of the Industrial Park, the western edge of cul-de-sac as per design of the City as shown on Exhibit 1 attached. It is further agreed that the funds from Carol J. DeBack and CATS Nationwide, Inc. and Joseph A. and Marie J. Santi will be received by the City prior to the Common Council or its designee awarding the bid, which shall be no later than May 15, 1993, in the following amounts: A. Joseph A. and Marie J. Santi, share $19,922.28 + 20% of $19,922.28 for anticipated engineering, administrative, attorney fees and similar project costs and towards any possible cost over-runs. B. Carol J. DeBack/CATS Nationwide, Inc., share $14,438.28 + 20% of $14,438.28 for anticipated engineering, administrative, attorney fees and similar project costs and towards any possible cost over-runs; (The $14,438.28 figure has been reduced from $16,274.28 to delete $1,836.00 for a sewer lateral Carol J. DeBack/CATS Nationwide, Inc. wants deleted from the project ) . 2. All project costs will be funded as a proration based upon the front footage of each property (Carol J. DeBack/CATS Nationwide, Inc., Joseph A. and Marie J. Santi, and the City); the same mechanism is to be used for the allocation of grant funds to all parties as shown on Exhibit 2 attached which includes the City Engineers' letters of March 25, 1993 and April 12, 1993. Any portion of the 20% referred to -2- 3. 4. 5. above for anticipated engineering, administrative, attorney fees and similar project costs and towards any possible cost A. and Marie J. Santi, Carol J. DeBack and CATS Nationwide, over-mns which are not expended shall be returned to Joseph Inc. and any additional such costs shall be charged to said parties. Any cost over-runs, including engineering, administrative, attorney fees and similar project costs attributable to said over-runs, will be funded as a proration based upon the paragraph shall not apply to the costs of $948.75 second front footage where the cost over-run occurs, except this lift of asphalt cost. The total Grant funds that are received based on the number of jobs that are required to be created as a condition of the Grant shall be reimbursed by QMC, Inc. to the City of Muskeqs if jobs are not created during the five (5) year period as specified in the "Jobs Guarantee" agreement betweez the State of Wisconsin and the City of Muskego as shown on Exhibit 3 attached and as specified in the "Jobs Guarantee" agreement between the City of Muskego and QMC, Inc. as shown on Exhibit 4 attached. Engineering, administrative, attorney fees and similar project costs will be funded as a proration based upon the Paragraph 3 above. front footage of each property, except as stated in BE IT FURTHER RESOLVED that the amounts of $948.75 from each of Joseph A. and Marie J. Santi and Carol J. DeBack/CATS Nationwide, Inc. shall be paid in accordance with this agreement prior to May for any future payment for the final lift as asphalt. 15, 1993, and said parties will be released from responsibility BE IT FURTHER RESOLVED that this agreement shall be in full force and effect from and after its passage, but if this agreement is not executed by May 15, 1993 by all parties indicated below and the agreemezt attached hereto and marked Exhibit 4 executed by QMC, Inc. and all monies stated above received by the City on or before said date, this agreement is null and void. DATED this 20TH day of APRIL , 1993. SPONSORED BY: FINANCE COMMITTEE Ald. Patrick A. Patterson Ald. Edwin P. Dumke Ald. David J. Sanders -3- I- ... . ..,.,. , ; This 'is to certify that this is a true and accurate Copy Of Resolution #85-93 which was adopted by the Common Council of the City of Muskego. ACCEPTED BY: CATS NATIONWIDE, INC. By : Date: 4-ab43 I President By: t-t. QA-J Date : 4%- 97 Secretary Date: S-//-Sf, -4- 0 Resolution 185-93 which was adopted by the Common Council of the This is to certify that this is a true and accurate copy of City of Muskego. K.Wa/& d J X. karenda, City Clerk ACCEPTED BY: Date: Carol J. DeBack CATS NATIONWIDE, INC. By : Date: President By : Date: Secretary Date: Joseph A. Santi Date : Marie J. Santi -4 - m X I w i I I J Ruekert 1 Mieke E"X H I B I T #2 .a - - . .~ " March 25, 1993 Mayor Wayne Salentine City of Muskego W182 S8200 Racine Avenue P. 0. Box 903 Muskego, Wisconsin 53150 RE: Enterprise Drive Ewtension Bid Review Dear Honorable Mayor: Upon review of the three bids received on March 25, 1993, for the extension of Enterprise Drive, we have found all to be in order. Therefore, we recommend that the City award this contract to the low bidder, Mainhe Sewer and Construction, Inc. for the amount of 5121,745.00. We have prepared the attached cost breakdown as per your request. If there are any questions, please contact our office, Very truly yours, RUEKERT & MIELKE, INC. Richard Eberhardt, R.L.S. RAE:sjd Enclosure 1i-9222: .E Cost Breakdown Enterprise Drive Extension Road Construction Costs TEA Eligible Costs 50% Funding Non Funded Costs Non Eligible Road Costs Total Non Fundedmon Eligible Costs City Road Costs (5/8) Santi Road Costs (3/16) C.A.T.S. Truckin-gDeBack Road Costs (3/16) Water Main Costs Citv Costs 12" W.M. 402 L.F. @ $31.00 = Hvdrant. 1 each @ S1500 = 6"'Hydrant Lead2 L.F. @ $23.00 = Installation 30 SF. @ $2.00 = Santi/C.A.T.S. Truckine (50150 split) 12" W.M. 298 L.F. @ S3i.00 = 12" B.V. 1 each @ fi25.00 = Hydrant, 1 each& S1,500 = 6" Hydrant Lead 23 L.F. @ $23.00 = $ 77,901.00 38.950.50 $ 38,950.50 6.075.00 $ 45,025.50 $ 28,140.94 S 8,442.28 xi 8,442.28 $ 12,462.00 1,500.00 529.00 60.00 S 14,551.00 $ 9,238.00 725.00 1.500.00 ~~, 529.00 $ 11.992.00 Sanitary Sewer Laterals 6 - inch: Citv (Dart 5 AC CSM) 36 L.F. @ $S5 1.00 = C.A.T.S./DeBack 36 L.F. @ $51.00 = 8 - inch: Santi 37 LF. @ $56.00 = 13-92021 ENRPRSDOC $ 1,836.00 $ 1,836.00 $ 2,072.00 Ruekert j IUieUse e Water Senice Costs I I 13-92021 10 - inch (as bid for DART) 10" W.S. 46 L.F. @ $30.00 = 10" B.V. 1 each @$630.00 = Insulation 30 S.F. @ $2.00 = - Santi 8" W.S. 46 L.F. @ $27.00 = 8" B.V. 1 each @ $420.00 = Insulation 30 S.F. @ $2.00 = $ 1,380.00 630.00 60.00 $ 2,070.00 $ 1,242.00 420.00 60.00 $ 1,722.00 2" W.S. 53 L.F. @ $25.00 = 2" Saddle, top, etc. 1 each @ $365.00 = $ 1,325.00 365.00 $ 1,690.00 Ruekert ! ! Melke COST ALLOCATION SUMMARY TEA Grant Road Costs Water Main Costs Water Service (DART) - 9 6 Sanitary Lateral (DART) < J /,d ;, Road Costs Water Main Costs Water Service Costs 8 - inch 8" Sanitary Lateral 2 - inch S 38,950.50 S 28.140.94 14;551.00 2,070.00 1.836.00 S 46,597.94 $ 8,442.28 5,996.00 1,722.00 2.072.00 1,690.00 $ 19.922.28 C.A.T.S. TruckindDeBack Road Costs Water Main Costs 6" Sanitary Lateral Costs TOTAL CONSTRUCTION COSTS S 8,442.28 5,996.00 1.836.00 S 16.274.28 $ 121,745.00 These Costs DO NOT include Engineering Administration or contingencies. The City's policy is to add 20% for these costs. Ruekert I Mielke April 12,1993 Ms. Jean Marenda, Clerk City of Muskego W182 S8200 Racine Avenue P. 0. Box 903 Muskego, Wisconsin 53150 RE: Enter rise Drive Cost A locatlons Dear Ms. Marenda: As per our conversation of April 9, 1993, we did not recommend that the City select Mandatory Alternate Bid Item MA-1 for award as part of the Enterprise Drive extension. pavement to be installed in 1993. indicated that although these costs would be eligible to cost sharing, the total Zity Our earlier conversations with the Street Superintendent and the Ma or funding would probably exceed the $55,000 maximum set by the Common Council. This item was for the installation of the 1 1/2-inch thick surface course We have enclosed revised Cost Breakdown and Cost Allocation Summary such as contingencies, deletion of sanitary lateral(s), etc. would be accomplished via reports for your use. These revised reports reflect the costs. Any changes change order. If the City awarded the base bid as per our letter of recommendation dated March 25,1993, the City could still add item MA-1 via a change order. Under the statutes and the General Conditions in the contract documents, the City can delete up to 10% or add up to 15% of the contract bid price. In this contract, if awarded as recommended in the amount of $121,745.00, the mm'mum deletion(s) would be $12,174.50 and the maximum addition(s) would be $18,261.75. As we discussed, Mr. DeBack has indicated that he would like the sanitary lateral to his property deleted. Also, we have been in contact with Gohr-Schwenn, the design build firm for DART. They are to meet with us when they have completed their building and site design to determine the size and location for the water service and if a new sanitary lateral really is needed. Ruekert Ms. Jean Marenda, Clerk City of Muskego April 12, 1993 Page 2 inch which will lower the cost $348.00. We have requested a quote from the low It is now anticipated that the largest water service for DART will be an 8- bidder for a 6-inch water service, should that be the size requested by Gohr- Schwenn on behalf of DART. determined by kohr-Schwenn, and the City of Muskego. A chan e order will be issued after final sizes and facility needs are If there are any questions or comments please don't hesitate to call me. Very truly yours, RUEKERT & MIELKE, INC. Richard Eberhardt, R.L.S. a RAE:sjd 13-92021 cc: Michael Campbell, Ruekert & Mielke, Inc. W23Y Nllll? ROCKWOOD DlllVE WAUKESHA. WISCONSIN i:llWl113 14141 54?.5733 FAX 14141~?-3~~1 REVISED COST ALLOCATION SUMMARY TEA Grant $ 41,480.50 Road Costs Water Main Costs Water Service (DART 6" Sanitary Lateral (DhRT) ENTRPRSLDOC 13-92021 04/12/93 $ 29,722.18 14,551.00 2,070.00 1.836.00 $ 48,179.18 Road Costs $ 8,916.66 Water Main Costs 5,996.00 Water Service Costs 8 - inch 1,722.00 2 - inch 1,690.00 8' Sanitary Lateral 2.072.00 $ 20,396.66 C.A.T.S. TruckineDeBack Road Costs Water Main Costs $ 8,916.66 5.996.00 $ 14.912.66 TOTAL CONSTRUCTION COSTS ALLOCATED $124,969.00 These Costs DO NOT include Engineering Administration or contingencies. The City's policy is to add 20% for these costs. BASE BID $ 121,745.00 Delete one (1) Sanitary Lateral (1.836.00) Add MA-1 5,060.00 Revised Construction Costs $ 124,969.00 RUEKERT & MIELKE, INC. Consulting Engineers W239 N1812 Rockwood Dr. Waukesha, WI 53188-1113 April 12, 1993 COST BREAKDOWN ENTERPRISE DRIVE EXTENSION Amendment to Cost Allocation Summary If MA-1 Paving Awarded Eligible Costs MA- 1 $ 77,901.00 5.060.00 $ 82,961.00 50% Funding 41.480.50 NON Funded NON Eligible Road Cost City Road Costs (5/8) Santi Rcad Costs (3/16j CATS TruckingDeBack (3/16) 41,480.50 $ 47,555.50 6.075.00 $ 29,722.18 8,916.66 8.916.66 CATS Trucking & Santi road costs would increase $ 474.38 The City’s road costs would increase 1,581.24 RUEKERT & MIELKE, INC. Consulting Engineers W239 N1812 Rockwood Dr. Waukesha, WI 53188-1113 April 12, 1993 EPSIRPRSI.DOC 13-92021 0411293 e COST BREAKDOWN ENTERPRISE DRIVE EXTENSION As Recommended TEA Grant $ 38,950.50 Engineering as of 3/5/93 $10,110 (50% Eligible) 5.055.00 $ 44.005.50 r% 47 ‘//9/93 b z,53 8 Remaining available Grant Funds 31494.50 Engineering, Administration and Contingencies If 50% is funded, costs allowable for $6,989.00 As Revised if Item MA-1 is awarded: TEA Grant $ 41,480.50 50% Engineering as of 03/05/93 5.055.00 $ 46,535.50 Remaining available grant funds $ 964.50 If SO.% is funded, costs allowable for Engineering, Administration and contingencies $ 1,929.00 All costs in excess thereof are the City’s responsibility RUEKERT & MIELKE, INC. Consulting Engineers W239 N1812 Rockwood Dr. Waukesha, WI 53188-1113 April 12,1993 13.92021 ENTRPRSI.DOC 04/12/93 E X H I B-I T #3 TRANSPORTATION ECONOMIC ASSISTANCE JOB GUARANTEE The CITY OF MUSJSEGO, WAUKESHA COUNTY hereby agrees to authorize inclusion and be bound by this repayment provision in the Project Agreement that will be executed between the applicant and the Wisconsin Department of Transportation as part of the Department's approval of the applicant's request for assistance under the Transportation Facihties Economic Assistance and Development program. The CITY of MUSKEGO agrees, in this repayment provision, to reimburse the Department up to the full grant amount if employment wirhin the economic development project (MIJSKEGO/QMC, INC. ACCESS ROAD CONSTRUCTION) fds to meet he f0llowir.g goals: (1) retention of 6 jobs and creation of 5 jobs within three years after a Project Agreement is executed; and, (2) retention of these 11 jobs for another 4 years (verifications to be made at 3 and 7 years after Project Agreement is executed). For purposes of this provision, a job is defined to be consistent with Tms. 510 of the Wisconsin Administrative Code. It will include all new non-retail jobs and exclude jobs obtained throuzh geographic job transfers within Wisconsin except those that would be lost to the state. a I Eligible jobs may include full time equivalents (FTE's). If the job guarantee is not satisfied, the Department will evaluate the job benefits that have been obtained in order to determine if reimbursement of either the full grant amount or reimbursement of a reduced amount based on a prorated share related to the number of jobs that have materialized as a result of the economic development project. The full grant amount involved here, of which partial or total reimbursement may be required, is $47,500. CHARLES H. THOMPSON SECRETARY, WISCONSIN DEPARTMENT OF TRANSPORTATION WAYNE G. SALENTINE MAYOR CITY OF MUSKEGO 53150-0903 1. I\ \ q3 EXHIBIT 4 TRANSPORTATION ECONOMIC ASSISTANCE JOB GUARANTEE CITY OF MUSKEG0 AND QMC, INC. QMC INC., hereby agrees to be bound by the repayment provision in the Project Agreement that has been executed between the City of Muskego and the Wisconsin Department of Transportation as part of the Department's approval of the City of Muskego's request for assistance under the Transportation Facilities Economic Assistance and Development program. QMC, INC., agrees, in this repayment provision, to reimburse the CITY of MUSKEGO up to the full grant amount if employment within the economic development project (MUSKEGO/QMC, INC. ACCESS ROAD CONSTRUCTION) fails to meet the following goals: (1) retention of .6 jobs and creation of 5 jobs within three years after the Project Agreement is executed; and, (2) retention of these 11 jobs for another 4 years (verifications to be made at 3 and7 years after Project Agreement is executed). For purposes of this provision, a job is defined to be consistent with Trans. 510 of the Wisconsin Administrative Code. It will include all new non-retail jobs and exclude jobs obtained through geographic job transfers within Wisconsin include full time equivalents (FTE's). If the job guarantee is not satisfied, the Wisconsin Department of Transportation will evaluate the job benefits that have been obtained in order to determine if reimbursement of either the a prorated share related to the number of jobs that have full grant amount or reimbursement of a reduced amount based on materialized as a result of the economic development project. except those that would be lost to the state Eligible jobs may The full grant here, of which partial or total reimbursement is $47,500. QMC, INC. : Secretary 4 2/- $3 (Date) (Date) (E TXTCITY/PLAN/JBSGRE