CCR1983298RESOLUTION #298-83
APPROVAL OF AGREEMENT BETWEEN THE CITY OF MUSKEG0
AND HOWARD NEEDLES TAMMEN & BERGENDOFF
(Lake Meadows Area Park)
WHEREAS, the Common Council authorized the City Attorney to draft
an agreement between the City and Howard Needles Tammen and
Bergendoff (HNTB) for the hiring of said firm at a total cost not
to exceed $14,700 for the planning, consulting and monitoring of
the Lake Meadows area park project with funds from TID ill; and
WHEREAS, the Agreement has been prepared and reviewed by the City
Attorney; and
WHEREAS, the Finance Committee and Parks and Recreation Board
have reviewed the Agreement and have 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 authorize the Mayor to execute the Agreement Between
the City of Muskego and Howard Needles Tammen & Bergendoff for
Meadows Area Park, attached hereto and made a part hereof.
Professional Services Relative to the Development of the Lake
0
FINANCE COMMITTEE
Ald. Edwin Dumke
Ald. Mitchel Penovich
AWL C\L Am. Charles Colburn
City Clerk
AGREEMENT BETWEEN
THE CITY OF HUSKEGO, YISCOESIN
AND
HOYARD NEEDLES TAMUEE & BEBCEEDOFF
ENGINEERS, ARCHITECTS AED PLAENERS
FOE PROFESSIONAL SERVICES
RELATIVE TO THE
DEVELOPMENT OF LAKE XEADOYS PARK
betwsei the City of Xuskego i3 the State of Yiscolsil, hersi2-
after desigxatsd as City ald Howard X-psdlss Tarnme? 8 Esrgendoff.
a part2ership, orgalized i3 accorda3cs with the lava of the Stets
Of Uisaouri, hereilafter desiggatsd as Consultant, with officss
at 6815 West Capitol Drive, Hilwaukee, Yiscolsin 53216, for e2gi-
lseri3g services.
YITHESSETH:
WHEREAS. the City €a in need of profeasioaal assistalc9 i2 devel-
opi3g plaae. epecifications. biddigg. award and molitOri3g Of
construction of facilities in Lake Xeadowe Park, and,
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UXZREAS, the Consultant represents that it is in compliance with
the Wisconsin Statutes relating to the practice of engineeri3g
and aig3ifies its uilll3gness to provide the desired services.
NOW, THEREPORE, in consideration of the premise8 and of their :
mutual agd dependent agreements, the parties hereto agree as set
forth on th? following pages through , which are
a3nexed aad made a part hereof.
IA YITNESS i':IEREOF. the part
to 35 exsc~:ed an3 approved
th?ir authorized officers or
In ?rese3ce sf:
iee hereto have caused this Agreement
on the date hereinbefore writte?l b]
' relresentatives.
CITY OF HUSKECO
HOWARD BEEDLES TAMMEA & BEBC23DOFP
POWER OF ArrORNEY
a= e
KNOW ALL KEN BY TEESE PRESENTS: That the undersigned HOWARD
DLES "IXN 6 BERGENDOW, a general partnership vith principal office
VEY K. BAnnOHD, JR. as said Partnerskdp's true and lavful attorney, for it
n Kansas City. Jackson County, Missouri. hereby constitutes and appoints
d in its name to execute and deliver any and all contracts. documents or
instruments of any kind vhatsoever, and to do and transact any and all
granting to said attorney full power and authority to do and perform all and
business which may lavfully be done by the said Partnership, hereby giving and
every act and tbing vhatsoever necessary or appropriate to carry out the
could do by or through a general partner, hereby ratifying and confirming all
foregoing as fully to all intents and purposes as the undersigned might or
that said attorney-in-fact may do pursuant to this power.
execution and shall expire at twelve o'clock midnight on Kay 31. 1984.
This Power of Attorney shall be effective as of the date of its
IN UIWESS YBEREOF, the Partnershfp has caused this instrument to
be executed by JL%S F. FINN, a general partner therein, this 6th day of
April , 1983.
SoUhRD NEEDLES TAHEN 6 BERGENDOFF
SUTE OF HEU JERSEY)
COUhTY OF ESSEX )
) ss:
Cn this 6th day of April , 1983, before me. a Notary
Public, in and for the County and State aforesaid. personally appeared
JAWS F. FINN, to me known to be the person described in and who executed the
foregoing instrument, and acknowledged that he executed the same as the free
act and deed of the Partnership aforesaid, and being duly svorn. did state
up00 oath that he is a general partper in said Partnership and 8s such is
of said Partnersbip.
authorized to execute this instrument and & this acknovledgewnt in behalf
IN ESTMONY WHEREOF, I have hereunto set my hand and affixed IKY
notarial seal in Fairfield. Neu Jersey. the day and year last above Witten-
Codesion Expires:
Septenber 13, 1987
Pd 7 2
Notary Public in and fpt'said County and State
1.
2.
GENERAL
A.
E.
C.
E.
E.
F.
C.
The work under this Agreement shall consist of performirrg
those phases or portions of uork necessary or incidental
herein specified.
to accomplish the description of uork, which is elseuhsre
Except for thoae items which are hereinafter designated
to be furnished by the City, the Consultant shall furnish 0
all services and labor necessary to conduct and complete
the work and shall fur2ish all necessary materials,
equipment, supplies, and incidentals.
The Consultant shall from time to time during the
progress of the work confer with the City. The Con-
sultant shall prepare and present such isformation and
studies as may be pertinent and necessary or as say be
requested by the City to enable it to paes critical
ju,lgmeat on fsatures of the work. Followilg the c03-
fersrrcs, the Coasultalt shall make such modificst5sns in
alternatives are beirrg corrsidsred, the City shall hsve
tbs detail of the work as may be fourrd rrscessary. #kea
the right of selection.
Cs3fsrences shall be held upon the rsquest~ 3f sitksr
party hersto and visits to the sits and inspscti3rr 3f ths
work may be mads at aly time by suzh partiss.
At the request of the City the Coaaulta3t durixg ths
prs~ress of the work shall furrrish draft reports. saps,
sketches, estimates, or other date relating t3 thP work
City to carry out or to proceed uith related phasss of
und+r this Agreement as may he required to $?a515 the
be necessary to errable the City to furrrish i2f3:astion
ths project not cov?red by this Agresmeat, or .dhi-h ssy
2ecessary so that the Consultant may proceed with further
work.
The Consultant's uork vi11 be available for inspection at
6815 Yest Capitol Drive, Milwaukee. Yiaconsin 53216-
Compliance with all of the foregoing shall be considered
to be uithi3 the purview of this Agreement asd shall not
constttuts a basis for additional or extra compensation.
except as otherwise noted.
a
DESCRIPTIO6 OF WORK
SCOPE OF SERVICES
The specific servicerr are described a8 follOus:
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Site Analyeie
In conce.rt with the appropriate City staff a careful analysis
will be made of both the Lake Meadows Park site and the pre-
vioualy prepared draft development plan. This analyais rill
consist of an examination of the various park componenta
ness, Orientation. scale and the relationship to other park
identified in the development plan for priority, appropriate-
elemsnts. Thie exami3ation will identify park facility
interrolationships which should be acknowledged and enhanced
izi the desidn eolution, physical characteristic8 that may
lend themselves to unique and interesting activity features,
and those foatures uhich may inhibit or preclude the develop-
ment of certain facilities in given areas. In addition,
existing vegetation and topography will be reviewed relative
to the location of various facilities and use areas. This
igformation will be docume?tsd in a site analysis plan. Five
copiss of the plan vi11 be provided to the City for reviPw
and commegt .
Soil borilgs, if nezessary, will be take2 at up to 10 spezi-
structural iltsgrity of subsoil coqditions relative to sur-
fic locatio-3 throughout the park area to determins ths
face uses. ~hsse barilgs will be take? and analyze~d by Ciles
Zlginesriqg .:3sociates of Yelrkesha, Yiscoqsin.
Design Development
Utilizilg iafsrsatio? dPvsloped i? the Site Azalysis process
a? o'derall layout plan of the site will be prepared. This
plan will describe iz detail the nature, character and exts2t
of plaqtiygs, surfacss and facilities. In addition, esti-
mated cosstru-tion costs for the various park components will
be preparej. In coxjunction with tho priority statements
dsvelaped in the Site Axal3sis process, a project phasing
sche3ule will be prepared. This schedulo will ideqtify the
period of tizo qecessary to complete the construction of all
park elements and the probable construction costs of those
elemezits. Five copies of the Design Development Plan and th?
project phasing ach5dols uill be provided to the City for
review and comsent.
After review by City staff and Park Board members, a public
igfornation mssting rill be held to preeent the proposed plan
to the public. This m5eting will provide the general public
with an opportusity to vieu the proposed plan and comment on
it. These coxmente will theg, when appropriats, be incorpor-
ated izito the planziiDg proceas.
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Construction Documents
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cosstruction documents will be provided to the City for
review and comment. These documents will consist of:
o Layout Plan - Locating accurately by dimension all
pavements, walks. play areas, hard surfaces. signage
and plantigg beds.
the site and the proposed changes in those grades. : 0 Grading Plan - Presenting the existing topography of
o Planting Plan - Locating and identifying all items of
gew plant material to be utilized 03 the ait3. A
plaDt list includigg quantities. sizes and varieties
Of all materials will be included.
o Constructiog Details - Explicit detailed ixfornation
necessary to construct and put in place thoss fea-
tures, fixtures, plants axd pavements ijeatified in
the layout and planting plans.
o Techxical Specificatiogs - Specifizatiozs of all cog-
str9~:tion and pla3ting items azd procedures indicated -
03 tbP plags a2d in thP details.
0 Cost Estimate - This estimate will inzlnle all of
thoss items igcluded ig the coxstructian docune2ts
for Phase I and is intended to be the gegoral guide
for the City to use i3 the competitivs biddi3g of
this project.
0 Plaz~t Tagging - HNTB, with City staff and the
sele.?ted landscape contractor. will go to the con-
tracted nursuries to select the specific plazts to be
incorporated in the aite.
Bidding and Award
HNT3 will prepare a total of 30 sets of bidding documents for
use izt the competitive bidding process and will prepare
addenda as necessary. Sets above the 30-set limit will be
paid for by the City on a time and materiale basis. HYTB
during the bidding process. Based upon bids received HBTB
will make those docume2ta available for contractor review
Will then recommend to the City dithsr acceptaDce or rejec-
tiOD Of those bids and the selection of a contractor.
Construction Ilonitoring
Duri~g the construction period, HYTB personnel will be avail- @
able 00 a periodic basis to monitor constructio~ progress at
key times as deemed necessary by the City.
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Schedule
:
4.
5.
HYTB will complete the project within the time frane indi-
approval and written authorization to proceed.
cated. A start date for this work is dependent upon final
Site Analysis
Design Development
2 ueeks
2 weeks
Conatructios Documents 6 reeks
Construction Monitoring As necessary during 1984
construction season
THE CITY'S RESPONSIBILITIES
To the extent available, the City shall furnish uithout
charge to the Consultant the following:
A. Zxistizig reports, maps, s;ret':hes. cost estimates, and
other data pertaining to the proposed project.
B. Existing maps of the project area, street maps, existing
and proposed street cross sectioas.
C. Existing infsrnation psrtai3i3g to lscations, sizes, and
elevations sf existing a3d 2roposed utilities and/or
adjustments. and 13catiorrs of right-of-way corners and
right-of-way ~lans which may be required for the project.
D. The City shall exami2e docunents submittsd by the
promptly, to avoid unreasonable delay is the progress of
Co3sultant an3 shall re3d.r de~isions pertaiz~ing ther-to
the Consultant's service.
2. The City shall furnish iafornation required of it as
expeditiously as necessary for ths orderly progress Of
the work.
P3OCR3SS REPORTS
The Consultant shall submit monthly progress reports, uhich
shall presezit i3 acceptable form a record of the uork by
phase accomplished by the Consultant. The report shall also
what work is planned for the next 'reporting period.
cospare actual progress to that echeduled and shall erplaia
PROGRESS PAPIIZBTS
A8 the uork progressse, progrese paymeats ahall be payable
mo3thly. all In accordance uith progrgaa reports submitted to
and approved by the City. Irrvoicee are due and payable UP03
rPceipt. Any aaount unpaid sirty days from the date Of the
ea:h mo3th or :art of the month th? 930unt remaizIs u3paid.
iyvQice shall k9 i~creesed at the rate of 1% per month for
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f
6. COMPEBSATION
Payment to the Consu
7.
ltant for all work nerforme - - d on the pre-
paration of plsris and specifications in accordance rith this
Agreement shall be a lump sum of Seven Thousand Nine Huridred
Dollars ($7,900).
Payment to the Consultant for all rork performed by Ciles
plan preparation phase in accordance with this Agreeme3t
Engineering Associates with regard to soil borings duririg the
shall be at a coat not to exceed Eight Hundred Dollars
($800).
Payment to the Consultant for all work performed i3 issuing
coqtract documents and certificates and construction monitor-
ing for the completion of the project contract i3 accordance
with this Agreement shall be ox the basis of direct payroll
cost times a multiplier of 2.56 plus direct experises at a
total cost not to exceed Six Thousand Dollars (S6,OCO).
The Co2sultant will be pail by the City far the com?lets uork
or services re2dered under this Agreement on the basis arid at
coapexsatio? far uork performed or services reridered and for
the price aet forth above. Such payment shall be full
all labor, materials, supplies, equipment and. ixcidentals
necessary to complste the uork.
Fi?al payme?t of any balsnce dus the Corisultant to the total
cost of the Agreegent will be made promptly upon its asier-
the uork urider this Agreement and its acceptance by the City,
tai3meXt and verification by the City after the cospletion of
s?d the receipt of plaris. notes, reports, arid other related
documents, which are required to bs furlished under this
Agreesent.
OPIYIOSS OF COST
The Consultant has 30 co~trol over the cost of labor, ma-
terials, equipment or services furnished by others, or over
the contrsctor(8)' methods of determining prices. or over
competitive bidding or market conditlons. Its opinions Of
hereia are to be made on the basis of its experience and probable project cost and conatructfou coat provided far
qualificatioris and represent its best judgment as a3 experi-
enced and qualified professional engineer, familiar rith the
ConstructLon industry. The Consultaat cannot and does not
guaraatee that proposala, bids or actual project or COnatrUC-
tion cost will 3ot vary from opiz~fona of probable cost pre-
pared by him.
3. ASSiCNIBILITY
The C033ultsnt shall ?ot hsve the right t3 assigri ar subc03-
tra:t this Agreesent, or a3y part or portio? thqroof. rithollt
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a
9.
10.
11.
12.
13.
haviag ix advance of any such assigament or subcontractiag
the written conae2t of the City.
Ciles Engineering Associates will be used for soil borings
and analysis aa a portion of the plan preparation phase, if
it is determiaed such bori2gs are necessary.
AHENDHEETS
This Agreement constitutes the entire agreement between the
parties, and it shall 3ot be subject to amendment by word of
only by a subsequent agreement in writing subscribed by the
mouth or course of dealiag or practice. but shall be amended
parties hereto.
IEDEUNITY
The Consultant hereby coave~ants and agrees that it vi11
indem3if7 and save hsr=loss the City agaiast all liability
claims, aztiozs, julg=?=?s, costs ax? expenses, vhich may in
aayuay COB* against t%?= ia coasequoz:e of the erocutiox s2d
perforrna3:e of this :..,-r?cneat as a rosult of the negligencs
of the Cozsultaat aad ?:3 employees.
YOSKZR 'S COWFZNSATICY, SOCIAL SECLi?.ITY, AND UNSMPLOYMENT
TBXZS
As bets553 the City an3 :h* Co~sultaqt, this is intezded as,
and is ax i2depende3: Asreerneat. No partner or employee Of
the Cogsultazt shall, 3y rea903 of tiis Agreerne2t. become an
employee of the City. :he Consulta3t hereby expressly agrees
his emplo7ess engage4 ia work under this Agreement, in a3
to carry i'orker's Cox~s~sation I~lsursnce for the beaefit of
insrrrancs company duly licensed to trazsact the busi2ess of
Yorker's Compensatiox :a the State 3f Yisconsin. The COZ-
sultant shall pay, who2 due a2d payable, the Social Security
and unen;loyme2t taxes ixpoaed by law.
DEATH OF ?ABTBZ.B
In the event of the 3sath or incapacity or inability or a2y
other rsaeon of axy of the Partners to participate in the
performaxce of the w~rk, the surviving Partaers shall
complete the work as required under this Agreemeat.
TEEMINATIOE
The City reserves th3 Yight to terxiaate this Agreemeat at
any tin% by giving the Co~sulta2t thirty (30) days' wrlttea
notice of such termi~atioo, addressed to this Uilwaukee
Office. Iz the event ~f said termization. the City shall be
liable only for t5.r 'reaaogable value of the servicss
regdered- to the 1s:o 2f tarrnt3atisq azd basod gpoz f5.s
jescrike? h?r?i?, ;1.:3 .?rmi?atio3 =rpe3s.?s. "keassxabls - -
value of services rendered" means dollar value of the
Expenses are defined as expenses directly attributable to
percentage of compensation as set forth herein. Termination
termination, plus 5% of the total corpenaation earned to the
time of termination to account for Consultant's rescheduling
adjustments, reeasignment of person3el and related costs
completion of this Agreement, all the original documents
incurred due to tsrmination. In the event of termination or
shall be surrendered to the City by the Consultant. The
Consultant shall be entitled to no termination expelsea if
by the Consultant.
this Agreement is terminated by the City because of a default
14. FINAL SETTLEMENT
Unless the Agreement haa been terminated prior to the
completion of the work as hersinbefore provided, ths Agree-
mezt shall be considered terminatPd upon completi>n axd
acceptance of ths work, or upon final paymezt therefor.
The City shall have the ridht and F3wer to adjxst and
determize, finally, all questions as t3 the proper Perfarm-
a3ce of this Agreement. Should the ?artips hersto :si1 to
reach agreemezt 03 any questions, whats7sr they may i5, not
controversy or claim arisizg out of or relating ts this
included under the terms of the preceding paragraIi, any
Agreemext, or breach thereaf, shall. te settled by a.-bitra-
t ion . e
The procedure i3 axy arbitration pro:eeding or proceedings
shall be governed by the applicable provisions of Chasrer 788
of the Wisconsin Statutes and acts and laws ame3datat-y
provisions of the Yisconsi? Arbitratio2 Statutes.
thereof and supplemental thereto, and such arbitratio3
All expenses incident to any arbitration procee3izg or
proceedings shall be paid in equal shares by the partips.
15. ACCESS TO RECORDS
The Consultant ahall maintain all books, documents. papers.
accounting records and other evidencs pertaining to costs
at ell reasonable times duriDg the Agreement period and for
incurred. These materials shall be available for inapection
three years from the date of final payaent under the Agree-
me3t. Copies shall be furnished if reqneated.
16. OWNERSHIP OF ENGIXEERIEC DOCUHEETS e
Upon completioa or termination of thla Agreement, the origi-
specilicationa, maps, stc.. shall b9 1elivere3 to a?,? be-ome
nal plans and copies of notes, atudioa, reports. estimates.
9xt~39i03s of the project ar 03 azy o::P~. ?rojo.zt witt).lt the
the pro??rty of ths City. Azy reL3o sf the docuz+.:ts 03
written permission of the Consultant and any revisions to the
documelts by other thal the Consultant shall be at the City's
risk and shall not constitute any liability on the Consul-
occurring after the completion of this written Agreement rith
tant. Any reuse or adaptation of the Consultant's documents
the Consultalt shall entitle the Consultagt to further com-
Consultant.
pensation in amounts to be agreed upon by the City and the :
17. EXTRA WORK
work to make any alteration which will increase or diminish
13 case it is advisable or necessary in the execution of the
work, such alteration shall not annul or vitiate the Agree-
the quantity of labor or material or the expenses of the
ment. The Consultant shall furnish the necessary labor,
material, and engileering knowledge to complete the work as
altered within the time limit originally specified or as
exten3ed by the City.
Alteration in the work uader the Agreeaent shall be author-
of tke Consultalt, such order iavolves extra work for ukici
ized by a written order from the City. 'dhen, in the opini53
the C-slsultalt in his opinioa will require added compeasa-
City rFquesti3g paymelt for such work. The City shall reiii-w
tion, the Consultaat shall submit a request in writilg t3 :>e
the C3nsulta3t's submittal sad, if acceptable, issue a letter
form zhaggs ~rder as aa amendment to this Agreement.
under such ch93ge or.3er shall not proceed unless and until 53
work
authorized by the City.
resulting from such altered work shall be made on a lump S>JX
The basis of paymezt or credit
fee basis.
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la. YOHDLSC3iHISATION IN ZXPLOYMENT
During the p~rformalce of this Agreement, the Consultant. for
itself, its assignees and successors ii interest agrees a3
follows: In connection with the performance of work ulder
this Agreement, the Co~sultant agrees not to discriminate
agai3st any eaploype or applicant because of SBX, age, rac3.
status, or lational origin. This provision shell include,
religion. creed. color, handicap, physical coadition, vetsran
but lot be limited to the followi3g: employmelt, upgrading.
demotion or transfer; recruitmelt or recruitmelt advertisi3g;
layoff or ternination; rates of pay or other forms of comj~ea-
satiox; and selection for training, including apprenticeship.
The Consultant further agrees to take affirmative actio3 to
ensurs equal enploymelt opportuntties for persona with dia-
places, availabls f,>r employees and applicants for empl37-
ThP Colsul tant agrees to post ia conspicuous
melt. notices to be proviied by tbe Ctty, aetting forth the
provisi~3s -sf the 303discrimiqatioa clause.
a abilittea.
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