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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. 6/07jmb 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 lof6 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. 20f6 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 30f6 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. 40f6 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. 50f6 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-{)] 60[6 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)