CCR2002028COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #28-2002
APPROVAL OF THREE-PARTY AGREEMENT FOR
MOORLANDIJANESVILLE ROAD INTERSECTION IMPROVEMENTS
WHEREAS, The City of Muskego, Waukesha County, and Jewel Food Stores, Inc. will
enter into an agreement for the Moorland/Janesville Road intersection improvements;
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 Three-Party Agreement for the MoorlandlJanesville Road intersection
improvements.
BE IT FURTHER RESOLVED that the Mayor and Clerk-Treasurer are hereby
authorized to execute the agreement in the name of the City.
DATED THIS 22nd DAY OF January ,2002.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Mark A. Slocomb
Ald. David J. Sanders
Ald. Nancy C. Salentine
This is to certify that this is a true and accurate copy of Resolution #28-2002 which
was adopted by the Common Council of the City of Muskego.
1l2002jmb
FILE No.710 01/22 'O:? PI1 12:40 ID:FIRENZ,ilOLTER.PUCY FAX:262 548 9211 PAGE 1
January 22, 2002
VIA FAX
TOTAL PAGES: 12
Attorney William E. Gus
Assistant l::orp<lr:lric!n Counsel FRIEBERT, FINERTY & ST. JOHN, S.C.
Fax #548-749:, Fax #1-414-272-8191
Waukssha ~:::OI.I~I.I~ 1,dministration Center Two Plaza East, #1250
1320 ,?ew:rlAkfllil R'xld 330 E. Kilbourn Avenue
Waukelsha, 'fll F.5 fi8 Milwaukee, WI 53202-31 58
Re: City I:lf ~:il..lsl:~!go/Dreamland Development
~~!!':lac:~l,::!(:Is~J/Kohl's/Waukesha Countv
Gentternem
Attackd l>lea.::! firlcl today's draft of the proposed Agreemenr. The only clanges from
the Ja.1uary 21, :?0(:!2 draft are to Paragraph 3. I. on Page 4, Paragraph 4. @. on Page !5
and Prragreph 5. Ii, on Page 6.
RIFFLE, S.C.
DSM/rrw
Attacbrnerl't:
cc: Me),crx ~2~\~tcl t... De Angelis (Via Fax #679-5630. 12 Pages)
Ms. .Jew1 Llmmda, Clerk (Via Fax #679-4106, 12 Pages)
PAGE 2
Tt-115, AGIEEhlENT is entered into this day of " , 2002 -
by and IJI:I~WI!I~~ the CITY OF MUSKEG0 (City), a municipal corporation,
WAUKE$;H$5. CC,CINTY (County), a municipal corporation, and JEWEL FOOD
STORE!). IN:: (Ihveloper), a New York corporarlon authorized to do business in the
State of 'YJisc::csnsin. This Agreement is entered into as the City is planning to
conSfruc1: a nrjl*2! Moorland Road south of Janesville Road C.T.H. "L" and part of
said ccnstrl.l:l:ion .Jvill necessitate the partial reconfiguration of ths Moorland Road
C.T.H. ' 0'' mf J:i,mesville Road C.T.H. "L" intersection; and the County in its five
(5) year C:a:)i,Ld 'Ian is planning to reconstruct Janesville Roed C.T.H. "L" to the
ultimate .IOUI. Ima configuration from the Milwaukee County Line 'to C.T.H. "0" in
the year :~!O:l,~lL md the Developer, as part of the overall plan for the devf4opment
of rile N<:~~Tl~~~~~~~l corner of said intersection, is required to make roadway widening
rnodific:aliow; I:O Janesville Road C.T.H. "L" and Moorland Road C.T.H. "3",
includir1g th.2 ir!strlllation of two (2) traffic signals, the reconfiguration of one
existing t,~~aVfil:: s g.ial. the installation of a paved pedestrian path, grading ,and storm
sewzr ~q:~rw~me 'Its, pavement widening and incidentals necessary to meet the
City and ~::OL~ITI:~{ wadway standards, all as set forth in the City's plans and
specificatiom lo. ithe project.
0
t413'4V. "I'HliI:i,EFORE, for valuable consideration, the adequacy and receipt of
which is ;IcImt,wledged by each party. it is agreed as follows:
1. -!'he County and Developer agree to pay the City for 1:he Estimated
Ihst ;as set forth later in this Agreement, for the improvements
g~!ns~ally described and illustrated in Exhibit A attached hereto and
rrMe a part hereof (also hereinafter referred to as "Roadwa!t and
F:ZItlt,:~d Improvements"). The Estimated Cost, as used herein, shall
irdu(2e all engineering and construction management, materials,
c:onitruction and installarion of the improvements, administration,
xcxnting, consulting, legal (including legal fees, of counsel chosen
bq tho City associated with administration and/or litigation, and
wpent for all liability, claims, costs, damages, exponaes, demands,
h\.v:%its or disputes), change orders, and contingencies aris-ng out of
tl'lis b.greement or work performed pursuant to this Agreement,
Epociiically including, but not limited to, Roadway and Related
Imp-clvaments. The parties acknowledge that the Estirnatec; Cost is
~,A~I:) Million Four Hundred Sixteen Thousand One Hundred Seventy-
F4iicl CInd 70/100 ($2,416,179.70) Dollars as generally set forth in
Eir0;h bit 6 which is attached hereto and made a part hereof; however,
ik the event that the project's costs exceed the Estimated Cost, all the
p:li?ieis shall be responsible for all amounts above this estimxte as set
fc:t-tli later in this Agreement.
L. lkle Estimated Cost is estimated using the best available infxmation at ',
:>E tilne of the Agreement and actual costs may increase or decrease
clqwiding upon market conditions and any unforeseon construction
c:lian!;les or other reasons related to contract performance. :Said
c:s:m;Iruction changes include, but are not limited to, existing soft
s'~.~bqt.sda materials, necessary undercutting, overhaul, breaker run
s,.:lme materials, fabric or additional measures necessary to construct
:mid itnprovements to City and County standards. The parties further
ape to pay the Estimated Cost and 100% of the cost incroases
:t,ii8si,c:iated with each of their areas listed in Exhibit A. The mount of
t,'ls cxt increase or decrease that is associated with each area listed
ill Exhibit A shall be determined by the engineering consultirq firm
kIir.ej pursuant to Section 3. 8. below, who shall provide a full
dlcp mation and backup documentation for such determination.
3. %e City shall:
I Competitively publicly bid said roadway improvements in
accordance with 562.1 5 and all other applicable laws
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FILE No.710 Ol& '
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0:' PI1 12:41 ID:AFENZ,NOLTER,NACY FRx:262 548 911 PCGE 4
E! Hire an engineering consulting firm to administer the
construction and engineering aspects of said construc:tion.
C:. 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 pc~rty.
[:I. Make available, with reasonable notice, bidding docurnents, bid
results, notice of award, copies of all records, recomrnendation
of awards, reports, engineer findings and correspondonce
regarding said roadway improvements.
Ei 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.
F: Make payments to contractor in accordance with the executed
construction contract and invoice the County xcordi~rgly for
their portion of Roadway and Related Improvements completed
based on their share of the Estimated Cost.
(li. Hold in escrow, an amount not less than $835,952.10 for
Developer's portion of the Estimated Cost until such time as the
construction contracts are fully executed and a notice: to
proceed has been forwarded to contractor. Upon issuance of
notice to proceed, the City shall withdraw 259.6 of said escrow
for use in payment of a portion of Developer's share of
Estimated Cost, and the City shall draw thereElfter upon said
escrow en amount to cover Developer's portion of tho, Estimated
Cost attributable to Developer's area of the project. The City
will provide to the Developer invoices detailing each clraw at the
time the draw is made.
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FILE No.710 Ol/:?ii. 'O;? Pi1 12:41 ID:ARENZ,flOLTER.tlACY FAX:262 548 9211 PPGE 5
1.1, Upon issuance of certificate of substantial completioc to
contractor, deliver a detailed breakdown of all costs incurred.
including all change orders and work change directives, to all
parties. Said detail shall allocate costs to all parties based upon
Exhibit 8 plus any additional costs based upon Paragraph 2 of
this Agreement.
I, AS contract or construction changes dictate, issue work chango
directives, change orders or other appropriate documonts to
contractor to expedite the progress of the con!3truction work.
Any documenr that would increase the Developer's costs shall
be provided, via fax, to the Developer's Representative for
review, and the Developer's comments thereon consilkred if
received by the City Representative within twu businclss days of
the time it is faxed to the Developer's Represnntative. before
execution by the City. Any document that would increase the
County's costs shall be provided, via fax, to the Courty's
Representative for review, and the County's commen'ts thereon
considered if received by the City Representative within two
business days of the time it is faxed to the County's
Representative, before execution by the City.
_I, Upon final payment to contractor, engineering consuli:ant and all
other project costs, return all non-allocated funds plac:ed in
escrow within sixty (60) calendar days to Developer f:xcept
retainage or other sums held pursuant to the construction
contract.
by. Designate a representative to act for the City.
4. lk? County shall:
A. Provide the City with full sets of drawings, crc'ss sections and
signal configuration plans necessary to publicly bid ar,d
-4.
construct said Roedway end Related Improvements. The City
acknowledges receipt of the same.
E!;. Pay the City for the County's share of the Estimated Cost. Said
payment shall be billed by the City to the County from time to
time, but in no case at intervals greater than once pel' month,
and the payment shall be made within 30 day!; of the date of
billing.
C Provide to Developer three access permits to [leveloper's
property on the northeast corner of said intersection :j~t points [IS
shown on the approved site plan upon completion of
construction and commencement of operation of the roadway.
Il. Prior to final completion and final payment to .tho contractor,
review said Roadway and Related Improvements. Upon
completion and final payment to contractor, County shall be
responsible for said Roadway and Related Improvements and all
cmtinuing maintenance, except those Roadway and Related
Improvements in that portion of Moorland Road south of
Janesville Road which shall be a City street and all continuing
maintenance on that portion of Moorland Road shall be the
City's responsibility.
Gesignate a representative to act for the County.
!5. "Ilw 1:)eveloper shell:
I:\. At the time of execution of this Agreement by the City place in
escrow with the City 9835,952.10 to cover its sharc: of the
Estimated Cost associated with its portion of said project.
lij Complete and file or cause to be completed and filed with the
County all applications for permits necessary 'to construct the
three (3) highway entrances to the proposed site.
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C:. Upon City issuance of a certificate of substan1:ial completion to
contractor and notice to the Developer, pay the City an amount
equal to its share of cost increases of Estimated Cost, over and
above what has been paid if said increased co:sts have not
already been paid as determined by the City's engineoring
consultant.
[:I. Designate a representative to act for the Developer.
E. Abide by all provisions of its County access permit.
i: Grant right of entry for construction purposes as shown on
construction drawings to Developer's lands for completion of
said Roadway and Related Improvements.
Ci The Developer's Representative shall receive notice of and be
allowed to attend all job meetings and shall be allowed to
inspect the project at all times.
El, I.! dlJfing construction the City incurs costs over and above ::hose
arttcioated by the Estimated Cost, the City shall notify the County and
the C'eveloper of said increases and they shall pay their share of the
incre,:mes to the City forthwith, but in every case no more than 30
cr:ys .after notice.
i' . i~,ll ke terms and provisions of this Agreement shall be binding upon
crd irwre to the benefit of the parties hereto, thelr heirs,
ro3re:ientatives. successors and assigns.
El. The County and Developer hereby waive and forever bar all liability,
[:I:jilna, costs, damages, expenses, demands, lawsuits or di::putes that
r'oay parise against the City related to the City's performance of the
City'!> obligations described in Paragraphs 2 and 3 of this Af3reement.
r:lro'h.led the City, performs in good faith. This section shall not
c:IwrzIte as a waiver of claims against City contractors.
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I FILE No.710 014 02 PI1 12:42 ID:RENZ,MOLTER,MACY FAX:262 548 !321.1 PfiG 8
$1. 112 City's obligations under this Agreement are contingent upon their
cli3raining the approval of the County and any other rleceasary
g~3wrnmental agencies for this project and obtaining a contract or
c:~,n:r;icts for construction of the Roadway and Reletad Improvements
v:l?it:tl are acceptable to the City If any contingency stated in this
Fwrigraph is in the sole opinion of the City not met, the City, at its
o:I:iwI, may declare this Agreement null and void.
CITV OF ?AI.Iiii€GO WAUKESHA COUNlY
By: ~ By:
David L. I:{:! An::lelis, Mayor
By: - - - " .- .. . . ._ - - By:
Jew I: IkIxenAa, Clerk
0 Datod:
Desi,anatxi IRr:!pri!s:.sntative: Designated Representative:
Name:
Title ~
Addles:;.
Phor:e:
Fax: " Fax:
- .. . . . -. . . . . . " - . Dated:
- - . . . . - .- - .. .. - -. Name:
Title:
Address: " . . . -. . . . . -. -
... I.".._.".
~ - - Phone: -
0 ... "I . .L .. *L.
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EXHIBIT A - PAGE 3
C
Improvement General Description
tesville Road C.T.H. "L" epproximately 1900' east of the
Centdine 0'1 CiMh Country Drive and to approximately 800' west of the
Centsrlinc 01 l~lo~~rland Road C.T.H. "0". Also commencing along Moorlrmd Road
C.T.I-1. "13 ' titl:prcmximately 1850' north of the centerline and 350' south of the
centr:rline 01 Jm?$;viIle Road C.T.H. "L". Said improvements include two (2) new
traffic ai\yws, rnxlifications to one (1) existing traffic signal, base course
aggregzte., gra:lirNg, shaping, curb and gutter installation, asphaltic concrctte and
concret3 ;:::a\:13r~1en1: installation, paved pedestrian paths, storm sewer, landscaping,
traffic ccl-tr~;~l, l?ro,:;ion control, pavement marking, and including, but not limited to,
the Estin?cted C:CSI: a5 defined in this Agreement. The improvements are more
spec ficallv d?!xritlBd in the plans and specifications for .the City known 51s Project
II,IV:~ dal:ed the - day of "_ .. , 2002.
I 1 FILE N0.710 Ol./:?:i '(C' PI1 12:44 ID:ARU\R,IIOLTER,tlACY FFu(:262 548 9211
i lo !
Exhibit "B"
IEJ"flRl.t1~TE OF COSTS - C.T.H. "L" AND C.T.H. "0" INTERSECTION
INDIVIDUAL BREAKDOWN
L €:;iiXWATEDTOTAL PROJECT COST
dil alswi.lle Road, Sts. 29 + 40 to sta. 56 + 00
Frll.aoliliind Road, Sta. 194 + 00 to St.. 218 + 55
€LIY ncw~ing Pavement S 16,230.00
Lvthuurk $ 150,000.00
fIrr:d;er Run Stone $ 108,000.00
(:lu,she:i Aggregate $ 97,200.00
O:p:n-(,iraded $ 75,000.00
Ar:phalric concrete Pavement S 266,450.00
(hcrf!te Pavement $ 202,500.00
Cmcwre Curb and Gutter S 116,688.00
U111ierci~rain $ 39,574.00
51 c~n? Server $ 325,275.00
l':ll,'e;nlmnt Marldng 0 24,485.00
Ivl:l::bili.;rntion $ 100,000.00
I:iin,isllillg Roadway S 20,000.00
1,;iirtdsc:aping $ 50.000.00
'I rnBic Signals $ 330,000.00
l'wlestrian Paths S 55,301.00
13.aisrd Pavement Markers 0 1.080.00
'Iimd3ic Control $ 47,120.00
13,roSio;:l Control J 47,120.00
'i itper likquired on East End $ 124,50400
s Iht,31 :I1 S 2,196,527.00
Chg. aild Contingencies (10%) S 219,652.70
tihn~~(l Total S 2,416,119.70
I:[. C:!OS'I BREAKDOWN
I~!~.vc!l Food Stores, Inc. $ 835,952.10
C: illy Ol'Muskego S 490,010.00
Pr'.ilu.kl::sha County Department $ 1,090,217.60
(:,F Public Works