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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. - 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. r 1 ,,-q.ESPONSI 81 LlTI ES: 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. 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. 2 ?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 3 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 I 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. (' 1 -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 r 3 ,-. 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 ,r 4