CCR1977165RESOLUTION #165-77
APPROVAL OF CONTRACT WITH DAVID SCHREIBER AND ASSOCIATES
WHEREAS, the Park and Recreation Board has recommended that g
contract between David Schreiber ti Associates be executed which
would provide for the site development of Horn Field, and
WHEREAS, the above firm is presently working under contract for
the planning and development of other parks within the City,
THEREFORE, BE IT RESOLVED that the Common Council of the City of
Muskego does hereby approve of the proposed contract between
David Schreiber & Associates and the City of Muskego for site
development of Horn Field,
BE IT FURTHER RESOLVED that the Clerk and Mayor are authorized
to execute the necessary doc nts in the name of the City. YO7
ATTEST :
/3-ig+d
City Clerk
AGREEMENT
THIS AGREEMENT, entered into this
by and between the CITY OF MUSKEGO,
and DAVID SCHREIBER ti ASSOCIATES, 20 NORTH CARROLL STREET, MADISON, WISCONSIN,
(hereinafter called the Landscape Architect).
WITNESSETH:
That the Owner does hereby employe the Landscape Architect to render pro-
fessional services for the development and planning of Horn Field. Site
development and/or planning shall consist of elements mutually agreed upon
by the Owner's Representatives and the Landscape Architect and shall be gener-
- ally consistent with the budget established for this project.
NOW THEREFORE
set forth agree, as follows:
ARTICLE 1. SITE DEVELOPMENT AND/OR PLANNING SHALL INCLUDE THE FOLLOWING:
The Owner and the Landscape Architect, for the consideration hereinafter
1.1 Combination basketball-volleyball court.
1.2 Roadway expansion for diagonal parking.
1.3 Schematic master plan, illustrating future development at Horn Field.
ARTICLE 2. LANDSCAPE ARCHITECT'S BASIC SERVICES
2.1.
2.1.1.
2.1.2.
2.2.
2.2.1.
2.2.2.
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2.3.1.
2.4.
2.4.1.
Design Development Phase
The Landscape Architect shall prepare preliminary plans consisting of
plans and drawings to fix and illustrate the size and character of
the projects to be constructed in 1977, and prepare a schematic master
plan for future development.
He shall submit to the Owner a statement of Probable Project Construc-
tion Cost.
Construction Documents Phase
The Landscape Architect shall prepare from the approved Design Develop-
ment Documents, Working Drawings and Specifications setting forth in
detail the Work required in 1977, and the necessary bidding infonation,
General Conditions of the Contract, and shall assist in the drafting
of Proposal and Contract forms.
He shall keep the Owner informed of any adjustments to previous State-
ments of Probable Project Construction Cost indicated by changes in
scope, requirements or market conditions.
Bidding Phase
The Landscape Architect shall assist the Owner in obtaining Proposals
from Contractors and in awarding and preparing Construction Contracts.
Construction Phase
The Landscape Architect, as the representative of the Owner during the
Construction Phase, shall advise and consult with the Owner, and all of
the Owner's instructions to the Constractor shall be issued through
the Landscape Architect. The Landscape Architect shall have authority
to act on behalf of the Owner to the extent provided in the General
Conditions unless otherwise modified in writing.
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2.4.2.
2.4.3.
2.4.4.
2.4.5.
The Landscape Architect shall make periodic visits to the site to
familiarize himself generally with the progress and quality of the
Work and to determine in general if the Work is proceeding in accor-
dance with the Contract Documents. On the basis of his on-site-ob-
servation as a Landscape Architect, he shall endeavor to guard the
Owner against defects and deficiencies in the Work of the Contractor.
The Landscape Architect shall not be required to make exhaustive or
continuous on-site inspections to check the quality or quantity of
the Work. The Landscape Architect shall not be responsible for con-
safety precautions and programs in connection with the Work and he
struction means, methods, techniques, sequences or procedures, or for
shall not be responsible for the Contractor's failure to carry out
the Work in accordance with the Contract Documents.
Based on such observations at the site and on the Contractor's Ap-
plications for Payment, the Landscape Architect shall determine the
amount owing to the Contractor and shall issue Certificates for Pay-
ment in such amounts. The issuance of a Certificate for Payment shall
constitute a representation by the Landscape Architect to the Owner,
based on the Landscape Architect's observations at the site as pro-
vided in subparagraph 2.4.2 and on the data comprising the Applica-
tion for Payment, that the Work has progressed to the point indicated;
that to the best of the Landscape Architect's knowledge, information
and belief, the quality of the Work is in accordance with the Contract
Documents,(subject to an evaluation of the Work for conformance with
the Contract Documents upon Substantial Completion, to the results of
any subsequent tests required by the Contract Documents, to minor
deviations from the Contract Documents correctable prior to completion,
and to any specific qualifications stated in the Certificate for
Payment); and that the Contractor is entitled to payment in the amount
certified. By issuing a Certificate for Payment, the Landscape Archi-
tect shall not be deemed to represent that he has made any examination
to ascertain how and for what purpose the Contractor has used the
monies paid on account of the Contract Sum.
The Landscape Architect shall be, in the first instance, the interpreter
of the requirements of the Contract Documents and the impartial judge
of the performance thereunder by both the Owner and Contractor. The
Landscape Architect shall make decisions on all claims of the Owner or
all other matters or questions related thereto. The Landscape Archi-
tect's decisions in matters relating to artistic effect shall be final
if consistent with the intent of the Contract Documents.
The Landscape Architect shall have authority to reject Work which does
not conform to the Contract Documents. Whenever, in his reasonable
opinion, he considers it necessary or advisable to insure the proper
implementation of the intent of the Contract Documents, he will have
authority to require special inspection .or testing of any Work in ac-
cordance with the provisions of the Contract Documents whether or not
such Work be then fabricated, installed or completed.
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2.4.6.
2.4.7.
2.4.8.
2.4.9.
The Landscape Architect shall review and approve shop drawings, samples
and other submissions of the Contractor only for conformance with the
design concept of the Project and for compliance with the information
given in the Contract Documents.
The Landscape Architect shall prepare Change Orders.
The Landscape Architect shall conduct inspections to determine the Dates
of Substantial Completion and final completion, shall receive and review
written guarantees and related documents assembled by the Contractor,
and shall issue a final Certificate for Payment.
The Landscape Architect shall not be responsible for the acts or omis-
sions of the Contractor, or any Subcontractors, or any of the Contractor's
or Subcontractor's agents or employees, or any other persons performing
any of the Work.
ARTICLE 3. PROJECT REPRESENTATION BEYOND BASIC SERVICES
3.1. If more extensive representation at the site than is described in
subparagraphs 2.4.1 through 2.4.9 inclusive is required, and if the
Owner and Landscape Architect agree, the Landscape Architect shall
provide one or more Full-Time Project Representatives to assist the
Landscape Architect.
3.2. Such Full-Time Project Representatives shall be selected, employed
- and directed by the Landscape Architect, and the Landscape Architect
shall be compensated therefore as mutually agreed between the Owner
and the Landscape Architect. Such compensation is not included as
part of this Agreement.
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3.3. The duties, responsibilities and limitations of authority of such
appended to this Agreement.
Full-Time Project Representatives shall be set forth in an exhibit
3.4. Through the on-site observations by Full-Time Project Representatives
of the Work in progress, the Landscape Architect shall endeavor to
provide further protection for the Owner against defects in the Work,
but the furnishing of such project representation shall not make the
Landscape Architect responsible for construction means, methods,
programs, or for the Contractor's failure to perform the Work in
techniques, sequences or procedures, or for safety precautions and
accordance with the Contract Documents.
ARTICLE 4. LANDSCAPE ARCHITECT'S ADDITIONAL SERVICES
The following services cause the Landscape Architect extra expense. If any
of these services are authorized in advance by the Owner, they shall be paid
for by the Owner as defined in Article 8.
4.1. Providing special analyses of the Owner's needs, and programing the
requirements of the Project.
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4.2.
4.3.
4.4.
4.5.
4.6.
4.7.
4.8.
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4.9.
4.10.
4.11.
4.12.
Providing design services relative to future facilities, systems and
equipment which are not intended to be constructed as part of the
Project.
Providing services to investigate existing conditions or facilities or
to make measured drawings thereof, or to verify the accuracy of drawings
or other information furnished by the Owner.
Preparing documents for alternate bids or out-of-sequence services re-
quested by the Owner.
Making major revisions in Drawings, Specifications or other documents
when such revisions are inconsistent with written approvals or instruc-
tions previously given and are due to causes beyond the control of the
Landscape Architect.
Providing consultation concerning replacement of any Work damaged by
fire or other cause during construction, and furnishing professional
services of the type set forth in Article 3, as may be required in
connection with the replacement of such Work.
Providing professional service made necessary by the default of the
Contractor or by major defects in the Work of the Contractor in the
performance of the Construction Contract.
Preparing a set of reproducible record pr.ints of drawings showing signi-
ficant changes in the Work made during construction process, based on
marked-up prints, drawings and other data furnished by the Contractor
to the Landscape Architect.
Providing Contract Administration and observation of construction
after the Construction Contract Time has been exceeded or extended
by more than 30 days through no fault of the Landscape Architect.
Providing services after issuance to the Owner of the final Certificate
for Payment.
Providing services of professional consultants for other than the normal
engineering, electrical and laildscape architectural services required
for the Project.
Printing and reproduction costs for final plans and specifications to be
used during the Bidding and Construction Phases.
ARTICLE 5. THE OWNER'S RESPONSIBILITIES
5.1. The Owner shall provide full information as to his requirements for the
Project.
5.2. The Owner shall designate, when necessary, a representative authorized
to act in his behalf with respect to the Project. The Owner or his
Architect and shall render decisions pertaining thereto promptly. to
representative shall examine documents submitted by the Landscape
avoid delay in the progress of the Landscape Architect's Work.
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5.3.
5.4.
5.5.
5.6.
5.7. - L
5.8.
The Owner shall furnish a certified land survey of the site giving,
as applicable, grades and lines of streets, alleys, pavements and
adjoining property; rights-of-way, restrictions, easements, encroach-
ments, zoning, deed restrictions, boundaries and contours of the site;
locations, dimensions and complete data pertaining to existing build-
available service and utility lines both public and private, above and
ings, other improvements and trees; and full information concerning
below grade, including inverts and depths.
The Owner shall furnish the services of a soils engineer or other
consultant when such services are deemed necessary by the Landscape
Architect, including reports, test borings, test pits, soil bearing
values, percolation tests, air and water pollution tests, ground
corrosion and resistivity tests and other necessary operations for
determining subsoil, air and water conditions, with appropriate pro-
fessional interpretations thereof.
The Owner shall furnish structural, mechanical, chemical and other
laboratory tests, inspections and reports as required by law or the
Contract Documents.
The Owner shall furnish such legal, accounting, and insurance counsel-
services as he may require to ascertain how or for what purposes the
ing services as may be necessary for the Project, and such auditing
Contractor has used the monies paid to him under the Construction
Contract. '
The services, information, surveys and reports required by paragraphs
5.3 to 5.6 inclusive shall be furnished at the Gwner's expense, and
the Landscape Architect shall be entitled to rely upon the accuracy
and completeness thereof.
If the Owner observes or otherwise becomes aware of any fault or de-
fect in the Project or non-conformance with the Contract Documents, he
shall give prompt written notice thereof to the Landscape Architect.
ARTICLE 6. PROJECT CONSTRUCTION COST
6.1. Project Construction Cost as herein referred to means the total cost of
all work designed or specified by the Landscape Architect, exclusive
of the Landscape Architect's, or his Consultant fees.
6.2. Statements of Probable Construction Cost and Detailed Cost Estimates
prepared by the Landscape Architect represent his best judgement as a
design professional familiar with the construction industry. It is
recognized, however, that neither the Landscape Architect nor the Owner
has any control over the cost of labor, materials or equipment, over
the Contractor's methods of determining bid prices, or over competitive
bidding or market conditions. Accordingly, the Landscape Architect
ment of Probable Construction Cost or other cost estimate prepared by
cannot and does not guarantee that bids will not vary from any State-
him.
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ARTICLE 7. REIMBURSABLE EXPENSE
Reimbursable expense includes actual expenditures made by the Landscape Archi-
tect or his consultants in the interest of the Project for the following in-
cidental expenses:
7.1. Expense of transportation and living when travelling in connnection
with the Project; long distance calls and telegrams; and fees paid
for securing approval of authorities having jurisdiction over the
Project.
7.2. Expense of reproductions, postage and handling of Drawings and Speci-
fications, except those to be used for the Bidding and Construction
Phase.
7.3. If authorized in advance by the Owner, soil borings of necessary areas.
7.4. If authorized in advance by the Owner, expense of overtime work re-
quiring higher than regular rates and expense of renderings or models
for the Owner’s use.
ARTICLE 8. PAYMENTS TO THE LANDSCAPE ARCHITECT
In consideration of the above listed Basic Services, the Owner agrees to pay
the Landscape Architect for his services as follows:
8.1.
hourly basis, plus expenses to a maximum fee of ONE THOUSAND THREE
For Basic Services the Landscape Architect shall be compensated on an
HUNDRED ($1.300.00) DOLLARS with a total project construction cost of
$6,454.00.
a. 2. Should the Owner decide to increase the scope of the Project beyond
the construction budget stated or beyond the projects listed in para-
graphs 1.1 through 1.3 above the Landscape Architect’s basic fee shall
be renegotiated.
8.3. Payments to the Landscape Architect shall be made monthly, based on
vouchers issued by the Landscape Architect detailing time and reim-
bursable expenses for the month. Time and expense shall be determined
as follows:
Senior Landscape Architect
Landscape Architect
Landcape Technician
Travel - per mile
Secretary
Meals, printing, Xerox. photos
consultants
$22.50
$17.50
$14.50
$ 7.50 $ .15
At Cost
a. 4. For Additonal Services as defined in Article 4, hourly rates and
expenses will be charged as defined above.
8.5. If the services covered by this Agreement have not been completed within one year of the date of this Agreement, the hourly rates and
expenses defined in paragraph 8.3 shall be subject to renegotiation.
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8.6.
8.7.
8.8.
If the Contract time established in the Construction Contract is ex-
ceeded by 30 days or more, through no fault of the Landscape Architect,
compensation for basic services provided by the Landscape Architect
and his consultants required to complete the administration of the
Contract beyond the thirtieth day shall be computed as set forth in
8.4 above for additional services.
No deductions shall be made from the Landscape Architect's compensation
on account of penalty, liquidated damages, or other sums withheld from
payments to contractors.
If the Project is suspended for more than three months or abandoned in
whole or in part, the Landscape Architect shall be paid his compensa-
Owner of such suspension or abandonment, together with Reimbursable
tion for service performed pri.or to receipt of written notice from the
Expenses then due and all terminal expenses resulting from such sus-
pension or abandonment. If the Project is resumed after being sus-
pended for more than three months, the Landscape Architect's Compensa-
tion shall be subject to renegotiation.
ARTICLE 9. ARCHITECT'S ACCOUNTING RECORDS
bursable Expense pertaining to the Project and records of accounts between
Records of the Landscape Architect's Direct Personnel, Consultant, and Reim-
the Owner and the Contractor shall be kept on a generally recognized accounting
basis and shall be available to the Owner or his authorized representative at
mutually convenient times.
ARTICLE 10. TERMINATION OF AGREEMENT
10.1. This Agreement may be terminated by either party upon seven days'
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written notice should the other party fail substantially to perfon
in accordance with its terms through no fault of the party initiating
the termination.
10.2. In the event of termination due to the fault of parties other than the
Landscape Architect, the Landscape Architect shall be paid his compen-
sation for services performed to termination date, including Reimbur-
sable Expenses then due and all termination expenses.
10.3. Tenination Expenses are defined as Reimbursable Expenses directly
attributable to termination, plus an amount computed as a percentage
of the total compensation earned to the time of termination, as fol-
lows: 20 percent if termination occurs during the Schematic Design
Phase; or 10 percent if termination occurs during the Design Develop-
ment Phase; or 5 percent if termination occurs during any subsequent
phase.
ARTICLE 11. OWNERSHIP OF OOCUMENTS
Drawings and Specifications as instruments of service are the property of the
Landscape Architect whether the Project for which they are made be executed or
not. They are not to be used on other projects, except by agreement in writing.
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ARTICLE 12. SUCCESSORS AND ASSIGNS
The Owner and the Landscape Architect each binds himself, his partners, suc-
ment and to the partners. successors, assigns and legal representatives of
cessors, assigns and legal representatives to the other party to this Agree-
such other party in respect of all covenants of this Agreement. Neither
the Owner nor the Landscape Architect shall assign. sublet or transfer his
interest in this Agreement wi,thout the written consent of the other.
ARTICLE 13. ARBITRATION
13.1.
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13.3.
All claims, disputes and other matters in question between the parties
to this Agreement, arising out of, or relating to this Agreement or
the breach thereof, shall be decided by arbitration in accordance with
the Construction Industry Arbitration Rules of the American Arbitra-
tion Association then obtaining unless the parties mutually agree
ment, shall include, by consolidation, joinder or in any other manner,
otherwise. No arbitration, arising out of or relating to this Agree-
any additional party not a party to this Agreement except by written
consent containing a specific reference to this Agreement and signed
by all the parties hereto. Any consent to arbitration involving an
additional party or parties shall not constitute consent to arbitra-
or descrlbed therein or with any party not named or described therein.
tion of any dispute not described therein or with any party not named
This Agreement to arbitrate and any agreement to arbitrate with an ad-
ditional party or parties duly consented to by the parties hereto
shall be specifically enforceable under the prevailing arbitration law.
Notice of the demand for arbitration shall be filed in writing with the
other party to this Agreement and with the American Arbitration Associ-
ation. The demand shall be made within a reasonable time after the
claim. dispute or other matter in question has arisen. In no event
shall the demand for arbitration be made after the date when institu-
or other matter in question would be barred by the applicable statute
tion of legal or equitable proceedings based on such claim, dispute
of 1 imi tations.
The award rendered by the arbitrators shall be final, and judgement
may be entered upon it in accordance with applicable law in any court
having jurisdiction thereof.
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IN WITNESS WHEREOF, the Parties
executed this 27 day of &~t,o.~~ , 192. ve caused these presents to be ..1
7- 27 -73
Date
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Date /
Date 7-/-77
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