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CCR1998129COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #129-98 APPROVAL OF AGREEMENT BETWEEN THE CITY OF MUSKEG0 AND TOKl8 ASSOCIATES ARCHITECTS (Expansion and Development of Kurth Park) 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 between the City of Muskego and Toki 8 Associates Architects to provide schematic and design development setvices for the expansion and development of Kurth Park for $22,685. BE IT FURTHER RESOLVED That the Parks and Recreation Director is authorized to sign the Agreement in the name of the City subject to review and approval of the City Attorney. DATED THIS 14 DAY OF JULY, 1998. SPONSORED BY: FINANCE COMMITTEE Ald. Mark Slocomb Ald. David J. Sanders Ald. Nancy C. Salentine This is to certify that this is a true and accurate copy of Resolution #129-98 which was adopted by the Common Council of the City of Muskego. e 7/98jmb DALE W. ARENZ DONALD S. MOLTER. JR. JOHN P. HACI. COURT COMMISSIONER n. STANLEY RIFFLE. COURT COMH1S510NER ARENZ. MOLTER, MACY ZG RIFFLE, S.C. 720 N. EAST AVENUE P.O. BOX 1348 WAUKESHA. WISCONSIN 53187-1348 TELEPHONE 548-0340 FACSIMILE 548-9211 ARU CODE 414 July 2, 1998 Mayor David L. De Angelis CITY OF MUSKEG0 Post Office Box 749 Muskego, Wisconsin 53150-0749 Re: Kurth Park Gear Mayor De Angelis: I have received a revised architect's contract on June 26, 1998 and Joe Eberle's letter dated June 29, 1998, and I have discussed the same with Craig Anderson. I agree that this contract is ready to proceed to the appropriate Committee and Council approval. Sincerely, ARENZ, MOLTER, MACY & RIFFLE, S.C Donald S. Molter, Jr. U DSM/# cc: Ms. Jean Marenda, Clerk Mr. Craig Anderson, Park & Rec Director Mr. Joseph Eberle, P.E 'Ruekert Mielke 8 Regisrered Land Surveyors since 1946 Professional Enpeers June 29, 1998 Mr. Craig Anderson City of Muskego Parks and Recreation Director P.O. Box 0749 W182 S8200 Racine Avenue Muskego M 53 150-0749 RE: Architect's Agreement for Kurth Park Dear Craig: and Associates for the Kurth Park project. It complies with the discussions you, Don I've reviewed the agreement you sent me between the City of Muskego and Toki Molter and I had with Toki at Don's office. I am assuming the dollar amount of the contract is correct since you were going to work that out directly with Toki based upon their original proposal. Thank you for letting me be of assistance to you and the City. Please call me if you have any questions. Very truly yours, kdph W. Ebeie, P.E. JWE/sjd 134G980.100 Z:\WORD")(NWE\I998\andenon-19980629-archilec~s agreement for kunh park.doc cc: Mayor David L. De Angelis Don Molter, City Attorney Michael F. Campbell, Ruekert & Mielke, Inc. Fuile W239N1812ROCKWOODDRlVE (414) 542-5733 WAUKESHA. WlSCONSlNS3188-1 I13 r."I.I,~CI~<L1l 0 PARKS AND RECREATION DEPARTMENT (414) 679-4108 MEMORANDUM To: Finance Committee & Common Council From: Craig Anderson Re: Kurth Park Expansion - Toki & Associates, Architects Craig Anderson Director Please approve the anached connact for Kurth Park expansion. This contract has been reviewed and is being recommended for approval by Attorney Don Molter, Joe Eberle, from Ruekert & Mielke, and myself. The contract amount is comct for the services being performed by Toki & Associates. Thank i I you. Attachments: conhact, letter from Joe Ebcrle W182 S8200 F&cine Avenue PO. Box 749 Muskego, Wsconsin 53150-0749 Fax (414) 679-5637 THE AMERICAN INSTITUTE Of ARCHITECTS AIA Document 8141 Standard Form of Agreement Between Owner and Architect I 1987 EDITION ~ THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH i AN ATTORh'EY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFIC4TION. I AGREEMENT made as of the 2 2nd Nineteen Hundred and Ninety Eight day of June BEWEEN the Owner: City of Muskego-Parks Department mame nnd &res) Muskego, WI 53150 W182 S8200 Racine Avenue in the year of and the Architect: Toki 8 Associates, Inc. (Name and ndmerr) 7100 W. Fond Du Lac Avenue Milwaukee, WI 53218 For the following Project: (Indude dekzlied dwxipflon of hjm, lourrion. &res nnd sop.) Schematic and Design Development Services for the Expansion and Development of Kurth Park, W14415 Belmont Drive, Muskego, Waukesha County. The Owner and Architect agree as set forth below. a Cnpyrlghl 1917,1926,1948.1951.1953.1958. l%I. 1%3.t%6,1%7.1970.1974,1977.~1987by~cAmcrlonlrulltulc Of ArchltCN. 1735 New Yort Avenue. N.W., Wagron. D.C. 20006. RcproducUon of lhc mcrW hcrcln or substanlld quOtallOn of 1u provkions wlthout wrI11u1 pcrmhlon of lhc AIA vlohla the copyrlghl Lws of rhc Unllcd Stales and will bc sublccr to IC@ prosrmuon. EDITOR'S NOTE clarifications in its documents as they are reprinted. From time to time, the AIA makes minor corrections and Changes in the 7/88 reprinting of the' 1987 edition of B141 were made in Subparagraphs 2.6.1 and 11.3.2. Changes in and Paragraph 4.5. See Section C of the Instruction'Sheet this 6/92 reprinting were made in Subparagraph.2.6.10 for a detailed description of these changes. 0 TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ARCHITECT’S RESPONSIBILITIES 1.1 ARcHmms SERMCES 1.1.1 The ilrchltect’s services conrlst of those services per- formed by the Architect, Architect’s employees and Archltect’s consulnnts as enumerated in Artldes 2 and 3 of thls Agefment and any other services included In Artide 12. tlously as Ls conrlstent with profaslonal sW and care and the orderly pmgres of the Work. Upon rcquest of the Owner, the Architect shall submit for the Ods approval a schedule for adjusted 15 the Project proceeds, and shall Indude allowca the pdormance of the Architect‘s servlca whlch may be for periods of Ume required for the Owner’s review and for appronl of submi.sons by authodtks havlng jurldlctlon over the Project Time Limits establlrhcd by thls schedule approved bytheOamashan~exaepcforrcaomblecnae,beoracded by the Architect or Owner. 1.1.3 The SeFlirrS cuvered by thls hgreancnt are subwt to the the Umltatlom contained In Subpangraph 11.5.1. 1.1.2 The Architect’s servicQ shall be performed as crrpedi- ARTICLE2 SCOPE OS ARCHITECT’S BASIC SERVICES 2.1 DEFINmON 2.1.1 ‘Ihe Architect’s Wc Services consin of those demibed In F‘angnphs 2.2 through 2.6 and any other senrlces idendfled In Mlde 12 as put of Basic Services, and lndude nod smc- Nnl. mednnkd and ddal en-g servlca. 2.2 mwnc DESIGN PHASE 2.2.1 The Architect shall review thc progrun fumlrhed by the Owna to ascutah the requhnents of the Project and shall vrlve at a mutual understanding of such requirements with the Owna. 222 The Architect shall provide a prcllminvy evaluation of rqulrements. ach In terms of the other, subject to the limita- the Owner’s prognm, schedule and consrructlon budget tlom set fonh In Subpangraph 5.2.1. 2.2.3 The Archltect shall review with the Owner alternative approaches to deslgn and coturndon of the Project. 2.2.4 Based on the munully agreed-upon prcgram, schedule and construdon budget requlrements. the Architect shall prepre, for approval by the Owner, Schematic Des@ Docu- ments mnskting of drawlngs and orher documents Illustrating the sole and relationship of Project components. 2.2.5 The Architect shall submit to the Owner a prellmlnvy estlmate of Consuuctlon cost based on current M. volume or otha unlt cosu. 2.3 DESIGNDEVELOPMENTPHASE 2.3.1 Based on the approved Schematic Dalgn Documents and any adjustments authorkd by the Owner In the prognm. schedule or construction budget, the Architect shall prepare, consisting of dnwings and other documents to Ax and dexdbe for approval by the Owner, Mi Development Documents the ske and chvacter of the Project as to architmunl, smc- nml, mcdunial and declaal systems. nuterWs and such other elements as may be appropriate. 2.32 The Architect shall advk the Owner of any adjustments to the pdhnhary esUmate of Conrmdon Cost. NSTRUCTION DOCUMENTS PHASE tion of the Project. 2.4.2 The Archltect ponslblllty for riling Qcwnents of governmental authodtles havlng NSTRUCTlON PHASE-ADMINISTRATION THE CONSTRUCTION CONTRACT 2.6.2 The Archltect s tract for Construction AM Document A201 ovided In this Agreement unless otherwiv authority to act on behalf of the Owner all visit the site at Intervals appropriate with the pro- determine In general ner indicating that th dance with the Con shall not be required to described in Faragrapb 3.2.) solely the Conrnc Construction. The Conmctor’s schdu on account of the Contract Sum. ments, whether or not such completed. However, ncithe a decirion made In good fai ck such authority shall sons perfofling po , but only for the limlted e with Information given the Contract DDcuments. adequate review. Review of such submittals is not con- for the PUIDOX of determininu the accuracy and cum- 2.6.7 The Architect skull at all times have acccss to the wherever it is in prepanlion or progress. the Contractor’s Appliations for Pa review and certify the amounts due he Architect. The lrsuance ofa her constitute a reprexntation payment in the amount ccrti- the r&ponsibillty of th; Contractor to the extent d by the Contract Documents. The Architect’s review I ation of performance.characterislics of which the Item is a component. that the materials, systems or equlp and data If decme Documents. completion, shall receive and forward Owner’s review and records written documents required by the Conlnct derisions so rendered the intent expressed in ARTICLE 3 ADDITIONAL SERVICES 3.1 op(ERAL 3.1.1 The services desdbed in lhls Article 3 are not included In Bvic savices unless 50 identified In Article 12, and &bey&& il plthorlzcd or confinned In writing by the Owner. If mica shd only be provided dcsuibed under Contingent Additional Services In mph 3.3 are requlred due to drcumsunca beyond the Architect's conuoi. the Architect shall now the Owner prior to com- mendng such services. if the Owner deems that such services doaibed under mph 3.3 are not required, the Owner SM give prompt written notice to the Archltect. If the Owner indlotes In wrltina that all or Duf of such ContinKent Add- 3.3 CONTINGENT wmow S~VICES 3.3.1 Making revisions In Drawings, Spedacatlons or other documents when such mlsions are: .1 hconslstent wlth appro* or lnnnrctlons pmioudy suy by adjustmenLi in the Owner's progrdm or Pro) given by the Owner, including mlsioiu made nets ect budget; .2 required by the enactment or revklon of codes, !.am or regulations subsequent to the prepantion of such documents; or .3 due to changes required zs a result of the Owner's fail- ure to mder d&lons in a rimely~~~er. 3.3.2 Providing services required beaw of si@ant changes In the Project including, but not Umited to, slze, qual- ity. complexity. the Owner's schedule, or the method of bid- services required under Subparagraph 5.2.5. ding or negotiating and conuactlng for consmaion. except for mction Change Dkctives. g replacement of Work cummctbn, and fur- with the replament ica in evaluating an extensive the Conmctor or othen In th-d Services are not requlred, ;heArchitect shall have noobli- 3.3.8 providing services In with a hdg, gnbn to provide those services. arbitration proceeding or legal proceeding except where the Architect k party thereto. 3.4 opnow mDrnow SERVICES 3.4.1 Providing analyses of the Owner's needs and prognm- ming the requiremenu of the Project. 3.4.2 Providing finandl fevlbllity or other spedal studies. 3.4.3 Providlng pLnnlng surveys, site evaluations or cum- wive studles of pmpective sites. lilliDoQllowT 0141 O~.MCHIIKTAGFLWA@~T. ~oult~ep~~ mmm NA- e1987 THE "XN lNSTlTbT8 OF ARCliTrpcr$t735 NEW YORK AVENWE, N.W., WASHINGTON, D.C. 7.0@% 8141-1907 4 3.4.4 Providing spedal sweys, envhunmental studies and submlssions required for approvals of governmental authorilles or othen having jurisdlctlon over the Project. 3.4.5 Providing services rdallve to future hcilities, systems and equipment. 3.4.7 Providmg servlm to vedlj the amncy of dnwlngr or other information fumlrhed by the Owner. 3.4.9 Providing services in connection with the work of a con- smctlon manager or separate consullvlts rerained by the Owner. 3.4.11 Providing detailed quantity surveys or inventories of material. equipment and Iabr. 3.4.12' Providing Uulw of owning and operating cnsts. 3.4.13 Providlng interior daign and other similv services or lnsullation of furniture, furnishings and related equipment. required for or in connection with the selection. procurement 3.4.14 Providing services for phnhg tenant or rend spaces. 3.4.15 Making inv- inventories of mat- or equip mat, or valuatlonr and dRailed lppninls of exkting bdlitles. 3.4.18 Preparing a set of reproducible did dnwlngs show- bved on muked-up prints. dtawlngs and other &ta furnished ing dgniIlant changes in the Work made during con5mction by the Contractor to the Architect. 3.4.17 Providing vslrtance in the utilization of equipment or systems such as testing. adjusting and balndng, prepanllon of ' o ntion. opartlon and malnlmce mulls, valning personnel for 3.4.19 Ptoviding ~rvlc~( Of CO~S~~UJUS for 0th- th~l chi- tlons,of the Project provided as a pan of Basic Services. tectunl. smctunl, mechdul and elcnrlcal engineerlng pot- 3.420 Providing any other services not otherwise included in thir Agreement or not custody huntshed in accordance with generally accepted vchitectunl practice. ARTICLE 4 OWNER'S RESPONSlBlUTlES 4.1 The Owner shall provide full information regarding requirements for the Projm. including a program which shall set forth the Owner's objectlva. schedule, constr;llnts and cri- billy. arpuldabillry. speaal equipment. systems and site tea including space requirements and relationships, fled- requlrunents. 4.2 The Owner shall establish and update an overall budget for casts and revonable contlngencles related Io all of these costs. the Project, including the Constmctlon Cost, the Owner's other 4.3 If requested by the Architect, the Owner shall furnish ek- dence that Ilnanciai arrangements have been made to fuM Owner's obligations under this Agreement. * 4.4 The Owner shall d6ignate a repmtallve authorized to act on the Owner's behalf with respect to the Project. The Owner or such authodxd reproenlatlve shall rcnder deckions in a timely manner pzmlning to documents submltted by the Architect in order to avoid unrasonabie delay in the Orderly and sequential progress of theArchitect's services. 4.5 The Owner shall hrmish .. .. & of streets. alleys, pa 4.6 The Owner shall furnish the services of geotechnlal enpi- neers when such services are requested by the Architect. Such services may include but arc not limited to test brings, test pits, determinations of soil bearing values. perCOlatiOn tests. evaluations of hazardous materials, ground corrosion and mi.- tivlty tests, including nccessvy opentions for anridparing sub- soil conditions, with repom and appropriate professional recommendations. 4.7 The Owner shall furmsh srructunl, mechanial, chanlal. air and water pollution tests. tests for hwdous marerlalr, and other Lbontory and environmental tests, lnspectlons and reports required by law or the Contract Documents. 4.8 The Owner shall fumlrh all legal, accounting and insurance counseung services as may be neceSSary at any tlme for the Project, including audiling services the Owner may require to verlfy the Contractor's Applications for Payment or to vcenain how or for what purposs the Contractor hu used the money paid by or on behalf of the Owner. 4.9 The services. information. surveys and repons required by Paragraphs 4.5 through 4.8 shall be furnished at the Owner's eqxnse, and the Architect shall be entitled to rely upon the accuncy and completenus thereof. 4.10 Prompt written notice shall be given by the Owner to the Architect if the owner becomes awe of any fault or defect in the Project or nonconfomce with the Comact Documents. 4.11 The proposed lvlguage of cedflates or certlflations submined to the Architect for revlew and approval at least 14 requested of the Architect or Architect's consultants shall be days prior to execution. The Owner shall not request ccrtlfla- tions that would require knowledge or services bond the scope of lhls Agreement. - CONSTRUCTION COST See Article 12.3 wings, SpsleciuollJ and dmthl or proprlctuy. The Owner shall provlde profcrslonal the specUlc Infonnatlon comldered by the Owner to be conIl- crdt for the Archlteil on the mnsuuctlon slgn and In the prc- motlonal mater&.ls for the ProJea. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL MPENSE 10.1.1 DlrC€t PUSOMd expcnSe k deflned 1s the dlrccc salules of the Archltat’s pasonnd mmed on the Projeci and the portion of the can of thdr mandatory and curtomary con- Wbutlons and bendits related thmto. ‘such as employment lave, holidays. nations, pensions and slmilv mntrlbutlom and bendits. loa-.- RE” EXPENSES - . 10.2.1 Rdmbursable Expases are In addltlon to cornpens- t&n for Bask and Mdldonal Scrvlm and lndude expcnrcs Incurred by the Archl~ect and Archltat’s cmploym and con- SuilvltS In the InteITSt of the PrOjm, as ldentlfiid In the follow- tu- and 0th- ataNtOv CmplOyeC benefits, InsUMce, dck Ing chhrrrr. rntion In connectlo 10.2.1.2 expenv of reproduclions,~ Dnwlnlp, Spodsatlonr and otha daumcnts. .- 10.3 PAY” ON ACCOUNT OF BASIC Sm#s 10.3.1 10.3.2 €&eqwn&pyments for Bvlc services shall be me monthly ad, whm appllable. shall be In proportion to xr- forth In Subpngnph 11.2.2. vlccr performed wllhln each phvc of servlcc, on the bvl~ Xt 10.3.3 If and to the ment Ihal the the Wthlly estabkhed ~n subpan@@ 11.5.1 drh6AgmnalttrcroeEdedor~ vlm radered during the addltlonal paled of the shall be lhrougb no huit of the ArcNtect, mmpcnntlon for any gr. computed In the manna set forth In Subpvasnph 11.3.2. formed on thcse the sdwduie set 10.4 PAWEMS ON ACCOUNT OF Armmow SERVICES 10.4.1 Paymma on account of the Archltect’s Addtlonal Servlces and for Reimbursable expcnvS shall be ma& monthly dad or expmses Incur&. upon prescntatlon of the Archltest’s statanat of servlm rcn- 10.5 PAWENIS WIl’liW 10.5.1 No deduclionr shan be madc fmm hi Architect’s con- sums wlthheM fmm pynicnts IO mntnctors. or on xa)unt of paratlon on account of pnalty, Liquidated WE or ocher the at of changes In the Work other than those for wNch the hrchltm h;rr ban found to bc Ihble. 16.6 ARCHITECT’S AWNTING RECORDS 10.6;l‘ Rsorrk of RclmbursaMe Fqenxs and expenvs pu- lalntng to AddhIonaJ servica and iuvlces performed on the bask of a multlple of Lhq Personnel expcnV shal! be all- able to the owner or the owner’s authorl~ed~ rcprcsentativc at mutudly convenient ha. 1122 Where cumpenstion k bved on a stipulated sum or perrmrage Of Co~tructlOn et. progress payments for Basic Services In each pha% shall total the following percentages of the total Bvlc Compensation payable: (lm &lkmd F&w as qpmpr&we.J schematic DeslgIiPhue: paceni(50%) Design Development Phase: pmmt(5096) Construction DDcwnents Phase: percent( %) Biddlngor Ngothtion Phw: percent( %) Consmn Phw: .. ~pucent( %) Total Bwc Co.mpenstlon: oneh@redpucent(100%) 11.3 COMPENSATION FOR ADDiilONM SERVICES 11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICFS. as described In Paragraph 3.2, cumpenstion shall be cum- P~t~~fo~ows: 'Hourly at following stipulated rates: ." - " Clerical - $ .27 .OO/HR Surveyor - $ 66.00/HR Project Manager - $ 75.00/HR Project Engineer - $ 65.00/HR Project Architect - $ 63.00/HR Staff Engineer - $ 54.00/HR Staff Architect - $ 48.00/HR . " 113.2 FOR ADDITIONAL SERVICES OF THE ARCHiTEm, as described in Articles 3 and 12, other than (I) Mditiotul Project Representation. as described in Paragraph 3.2, and (2) services included in Article 12 as pan of Basic Services, but excluding services of consuinnls. compensation shall be computed as follows: (INm &Is OfcompnulIlOn. I&& mlLl an&r rnuIlIprer of Or& Pmonncl &-/or FWtCI~~ and onploylq and Umlgy MNlW andh~y mpfOFE B YuIM. IdMIJy rervlcrr I) wblcb pmiI&r melbds of COmpnvllIOn WPlJ If kPS5r)l) Requested hourly rate for construction adminstration services are Project Architect - $ 52.25/HR Project Manager - $ 75.00/HR Project Engineer - $ 52.,00/HR Project Inspector - $ 44.00/HR Survey Technician - $ 44.00/HR Survey Chief - $ 49.50/HR 11.33 FOR ADDITIONAL SlpICES OF CONSULTANTS, Indudlng addltioclll StrUcNnl. merhvllal and dectkd engineehg services and those prodded under Subparagraph 3.4.19 or IdentiEed In Mide 12 as part of Additional Services. a multiple of One and^ .,a tenth ,C1 . 1 0 ) Umes the amounts billed to the Architect for such services. (IdaUBY Wflc WeI o/mnnUfa& hi Am& IZ. r/-Id.J 11.4 REIMBURSABLE EXPENSES -,amdtipieof One and a tenth 11.4.1 FOR REIMBURSABLE EXPENSES, as docrlbed in Pvagnph 10.2;and anyoher items Included In Artlde 12 as Rehnbursabie ( 1 .IO, Umes the expenxs incurred by the Architect. the Architect's employm and wlwltants In the Interest of the Project. 11.5 AwmONAL PROVISIONS 11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed withln six ( 6 ),monthr of the date hereof, through no fault of the Architect. Bt&n of the Architect's ~e~ics beyond hat tlme shall be COmpcnsted as provldcd In Subpangraphs 10.3.3 and 11.3.2. 11.52 Payments~arc due-md~pdyable Thirty homtsmpald T lrt ( 30 ) days from the chte.of the Architect's Invoice. In the ahxnm theroo!at the%@ nte prnnlllng from time to Ume at the phdpal phce of bwlness of the Archltm. ( 3 0 )days &er the invoice date shall bear interest at the nte enteredbelow. or (l"o/"Upm.) One (1 %) Percent Compound Interest- iV~#!~&~lndrrgvbnn~&ihr~&dmfn-~d r~~~&~gnrelndl~~~~&ru.lndolba~l(arr~I~'r~Anbl- I(LIspldld~pIIypo1bydlv4~rmucao/ihrp)olsd~drdwbrnnvry~cdib.~~~~IwpmNIar~~~~rbaJdblob~~~~ ronror~~ronr,lnd~rrsaunerrqu~rucbmurUlln~or~~.J 9 8141-1987 llli oo~lypl~ EIW - OWNEMK" AG- - FOURTEENIH mmm t NA' 01987 THE~CANINSTINTEOPAR(nTTeCTS. 1735NBI.YORKAVPNUB.N.W..V~HINGTON.D.C.2mo6 W~:Un-~~vlold..UacDWlghtimndt.ub*sl0~-tlon. ' ' 11.5.3 The rate and multlplcs set fonh for Addltlonal Scrviccc shall be annually adjusted In accordance with normal SW review pradm of the Archlvn. ARTICLE 12 OTHER CONDITIONS OR SERVICES 12.1 See attachment "A" for detailed scope of services provided by the owners. 12.2 See attachment "B" - Article 7 =~~12.3 The.Architect's drawings, specifications or other documents may be used by the Owner if the Owner, or its successors and assigns, Architect for servicecovered under this Agreement or elects not to enter a further Agreement with Architect to complete this project and uses the Drawings and specifica- Architect's written consent, if the Owner and tions to complete the project with or without its successor and assigns indemnifies and holds the. Archieect harmless against liabilities, Architects' drawings and specifications,except cos& and expenses arising from use of the for liabilities, cost and expenses resulting negligence or willful1 misconduct of the from, or occurring in connection with, the Architect. " - .... ~... ._ elects. .to terminate the employment of .the Thls Agreement entered Into as of the day and year flrst wrltten above. OWNER City of Muskego-Parks Dept. ARCfu'lTcr Toki &As! F-hkiMlW&nugl (RinkdnannamiIUIw) Theophilus 'lyaseI/e, CEO I An orlglnal assures that changes wlll not be obscured as may occur when documents are reproduced. CAUTION You ahould sign an orlglnal AIA document whlch has thls cautlon prlnted In red. ~~~~~OPARCH~.~~~~~YORI:AVPIR~BN.W.,~~H~C~~.O.C.Z~~ N4 DoQnwl a141 . O~~MKIWKCT AG~. romm mmm. AU. 0141-1987 IO ATTACHMENT “A” January 9,1998 Mr. Theophilus Iyascle, P.E. Toki & Associates. Inc. 7100 W. Fond du Lac Avenue Milwaukee, WI 53218 Suite 201 RE: Kurth Park Development City of Muskego Dear Mr. Iyascle: The City has completed their review of the proposals submitted to complete the necessary work related to the above referenced project. You and Continuum Architects & Planners, S.C. have been selected to prepare a follow-up .proposal based upon the following detailed scope of services. The proposal should specifically address the level of effort (man hours) and associated coststhat would be required to complete the tasks. 0 I. North Area A. Tennis courthasketball court conversion. 1. Evaluate the condition of the existing surface of the tennis courts and recommend resurfacing needs if necessary. 2. Prepare specifications and necessary details to convert one existing tennis court into a full court basketball facility. 3. Prepare a construction cost estimate to complete the necessary improvements. B. Existing restroom improvements. 1. Complete an ADA review of the facility and prepare a letter report describing the necessary improvements that would be needed to bring the facility into compliance with ADA guidelines. 2. Review the exterior and roof of the structure and prepare recommendations for improvements. 3. Complete an evaluation of the existing water supply system to the facility and recommend improvements. ATTACHMENT “A” Letter to Theophilus Iyascle, P.E. January 9,1998 Page 2 4. Prepare a construction cost estimate that details improvement costs for: a Interior reconstruction to meet ADA guidelines. b. Reroofing. c. Exterior improvements. d. Accessible route to the facility. e. Upgrade of the existing water supply system (inecessary). 5. Prepare construction plans, details and specifications for the recommended improvements. C. Play structure. 1. Based upon Park Board input, identify and recommend an appropriate modular play structure for the site. 2. Review and recommend alternative surfacing treatments for the play structure area. 3. Design an accessible mute to the play structure. 4. Prepare construction cost estimates for all the recommended improvements. 5. Prepare construction plans, details and specifications for the recommended improvements. D. Softball field improvements. 1. Prepare construction cost estimates to remove and replace the existing backstop and sideline fencing and add soil mix material to the existing infield. 2. Prepare construction plans, details and specifications to complete the recommended improvements. Letter to Theophilus Iyascle, P.E. January 9.1998 Page 3 II. CentraySouth Area A. Topographic surveyhse map. 1. Complete a topographic survey of the central and southern areas of the include all grades, physiographic features and identify the property lines along the southern, eastern, and western boundaries of the park. 2. Based upon the topographic survey, p~pare a base plan at a scale not - I . ., .- -. park. This will encompass approximately 12 acres. The survey will to exceed 1 "=5V with 1 foot contour intervals. B. Culvert crossing design. 1. Complete a hydrologic evaluation of the watershed that would contribute to the swale that crosses the central portion of the parkland. The hydrologic computations will be based upon a 10 year storm event. 2. Complete a hydraulic design of a crossing culvert based upon the hydrologic computations. 3. Prepare a construction cost estimate to install the culvert crossing. 4. Prepare construction details and specifications necessary to construct the crossing. C. Grading and drainage plan. 1. Prepare a grading and drainage plan and construction specifications for the 12 acre site. 2. The plan will be completed on the previously completed base plan. 3. Complete the necessary cut and fill calculations and adjust the plan to balance the proposed earthwork. 4. The grading plan will include proposed contours and spot elevations for all the proposed improvements. 5. Prepare a construction cost estimate that includes earthwork and restoration costs necessary to complete the project. ATTACHMENT “A” Letter to Theophilus Iyascle, P.E. January 9,1998 Page 4 D. Accessible trail system. 1. Design accessible route that would extend from southern entrance of.the park to Hidden Creek Court. Provision for the extension of the route to the northern entrance should also be included in the design. 2. The .accessible ‘route may be incorporated into the, grading and drainage plan. 3. Prepare the necessary construction plans, details and specifications to construct the route. 4. Prepare a construction cost estimate to complete the neceSSary improvement. E. Parking area and access road. 1. Design a parking lot and access road from Woods Road that will allow for the parking of 48 vehicles. and drainage plan. 2. The parking lot and access road may be incorporated into the grading 3. Prepare the necessary construction plans, details and specifications to construct the parking facility and roadway. 4. Prepare a construction cost estimate to complete the necessary improvements. F. Acceleration and deceleration lanes. 1. Design acceleration and deceleration lanes along Woods Road at the entrance to the park. 2. It is anticipated that the lanes will only be needed on the north side of Woods Road. 3. The design of the lanes may be incorporated in the grading and drainage plans. 4. Prepare the necessary construction plans, details and specifications to construct the improvements. 5. Prepare a construct cost estimate to complete the necessary improvements. ATTACHMENT “A” Letter to Theophilus Iyascle, P.E. January 9,1998 Page 5 G. Property line fencing. 1. Prepare the necessary construction plans, details and specifications to construct a 4 foot high chain link property line fence along the western property line. 2. The property line face will extend ‘fioom the southern entrance to the north approximately 2200 feet. 3. Prepare a construction cost estimate to complete the necessary improvement. H. Play structure. 1. Evaluate and recommend modular play structure equipment and surfacing requirements. 2. Complete a construction cost estimate for all alternatives evaluated. 3. Prepare construction plans, details and spifications for the recommended improvement. 4. The play structure m may be incorporated into the grading plan. I. Erosion control plan. 1. Prepare an erosion control that is based upon the Wisconsin Conshuction Site Handbook, published by the WDNR. 2. The plan would be completed at the same scale as the grading plan. 3. Prep the necessary construction plans, details and specifications to install the erosion controls. 4. Prepare a construction cost estimate to install the erosion controls and restore the site once the erosion controls are removed. J. Permits. -1. apply for,~on behalf of the City, all the necessary regulatory permits to complete the project. 2. Permits that are anticipated include: a WDNR. Letter to Theophilus Iyascle. P.E. January 9,1998 Page 6 Chapter 30; Complete a HEC-2 floodplain anaIysis as necessary, grading in ex- of 10,000 square feet on an unbroken slope. Notice of Intent; earth disturbing activities over 5 acres. b. City ofhluikego. ... . .. Erosion Control Permit. 3. There are no wetlands on the site. 4. The consultant will be required to provide all the necessary information to the regulatory agencies and may be required to attend public meetings related to the permit application. 5. Apply for a Wage Rate from the State of Wisconsin if necessary. 1. Attend the bid opening. 2. Review the bids received. ATTACHMENT “A” January 9,1998 Letter to Theophilus Iyascla, P.E. Page 7 ntract administration. 0 The p~~posa‘ costs should include all direct and indirect expenses as well as project adrmnistration costs. This would include meetings, site visits, consultations, secretarial services, etc. Please submit your proposal to Mr. Peter Theis. Parks Director, WI 82 S8200 Racine Avenue, Muskego, WI 53 150 by 4:30 P.M., January 30,1998. Todd Weik at 542-5733. If you have any questions related to this scope of services, please contact Mr. Very truly yours, CITY OF MUSKEGO Peter Theis Parks Director cc: Mayor David L. De Angelis Todd Weik, Ruekert & Mielke, Inc. File Attachment 66 B 66 Article 7 - Disoute Resolution Wherever this contract refers to arbitration it shall mean Disoute Resolution). 7.1 Owner and Architect agree that they shall fmt submit any and all unsealed claims. counterclaims, disputes, and other matters in question between them arising out of or relating to this Agreement or the breach thereof (“Disputes”) to mediation. 7.2 If either party alleges a dispute or controversy with the other party arising out of or relating to this Agreement, then either party shall have the right to demand non-binding mediation within twenty (20) days after the complaining party has provided the other party with written notice describing the dispute and the complaining party’s position with reference to the resolution of the dispute. 7.3 AU mediation hearings shall take place exclusively in the Greater Metropolitan Milwaukee Area in the State of Wisconsin and shall be held within thirty (30) days after the mediator has been appointed. If the Owner and Engineer have not agreed upon a the Chief Judge for the Circuit Courts of Waukesha County, Wisconsin, to appoint a mediator within ten (IO) days of the request for mediation, the parties shall jointly request mediator who shall, if reasonably available in the sole judgement of the appointing Judge, be a retired or former Circuit Court Judge for Waukesha County or Milwaukee County. 0 7.4 The mediation hearing shall be informal and the mediator shall have the right to hear and review all testimony and evidence presented by either party. The mediator shall fm his or her own reasonable compensation and shall assess the cost and charges of the mediation to either or both of the parties as &e mediator shall determine to be fair and reasonable. The mediator shall also be authorized, in his or her sole discretion, to award the party expense, and trouble incident to the mediation. The mediator shall issue a written fmding whose contention is upheld, any sums as he or she may deem proper for the time, which shall state how he or she proposes to resolve the dispute between the parties. The mediator’s decision shall be rendered within thirty (30) days after the completion of the mediation hearings. The mediator’s decision shall not be binding on either party; however neither party shall have the right to commence any legal proceedings against the other party until the dispute has been mediated and the mediator has issued his or her written findings. 7.5 No work related to this Agreement shall be interrupted or delayed during any mediation proceeding except upon written agreement of both parties. 7.6 The mediator shall not be a witness in any legal proceedings related to this Agreement nor shall the decision of the mediator be used as evidence or referred to in any legal proceedings related to this Agreement.