CCR20000740
0
0
AMENDED
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #74-2000
APPROVAL TO HIRE CONSULTANT TO PREPARE CONSERVATION PLAN
(Applied Ecological Services)
WHEREAS, Community surveys conducted in 1998 revealed that only 42% of survey
respondents felt that wetland preservation efforts were adequate; and
WHEREAS, Said surveys also revealed that only 39% of respondents felt that water quality on
Muskego lakes was acceptable; and
WHEREAS. Said surveys also revealed that only 34% of respondents felt that woodland
preservation efforts were adequate; and
WHEREAS. In January, 2000, the City requested proposals from consultants for preparation of a
City-wide Conservation Plan; and
WHEREAS, The Finance Committee interviewed three consulting firms for the preparation of the
plan and recommended approval of AES- as the consultant for the preparation of the
Conservation Plan at a cost not to exceed $150,245.
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 hiring of Applied
Ecological Services- as the consultant for the Conservation Plan for not more than $1 50,245.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are hereby authorized to
sign the necessary documents, as amended, in the name of the City after approval of the City
Attorney.
DATED THIS 23rd DAY OF Mav , 2000
SPONSORED BY.
FTNANCE COMMITTEE
Ald. Mark Slocomb
Ald. David Sanders
Ald. Nancy Salentine
Deferred: 4/11/00, 4/25/00, 5/9/00
This is to certify that this is a true and accurate copy of Resolution #74-2000 which was adopted
by the Common Council of the City of Muskego.
3lOOjmb
Cle -Treasurer 0
PROPOSED AMENDMENT
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #74-2000
APPROVAL TO HIRE CONSULTANT TO PREPARE CONSERVATION PLAN
(Applied Ecological Services
WHEREAS, Community surveys conducted in
respondents felt that wetland preservation
WHEREAS, Said surveys also revealed
Muskego lakes was acceptable; and
WHEREAS, Said surveys also revealed
preservation efforts were adequate; and
WHEREAS, In January, 2000, the City
City-wide Conservation Plan; and
WHEREAS, The Finance
plan and recommended
preparation of the
NOW,
as the consultant for the Conservation Plan for not
more than $150.245.
BE IT FURTHER hat the Mayor and Clerk-Treasurer are hereby authorized to
sign the necess name of the City after approval of the City Attorney.
DATED THIS DAY OF , 2000.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Mark Slocomb
Ald. David Sanders
Ald. Nancy Salentine
Deferred: 4/11/00, 4/25/00, 5/9/00
This is to certify that this is a true and accurate copy of Resolution #74-2000 which was adopted
by the Common Council of the City of Muskego.
.
3lOOjrnb
Clerk-Treasurer
FILE No.761 05/19 '00 AN 11:17 1D:ARENZ KILTER flKY FAX:26254892ll PAGE 1
ARENZ, MOLTER. MACY & RIFFLE, S.C.
I .w OlFlCEC I,.
720 N E.SI'*"ENIIF
c 0 BOX 83118
WAUKESI-IA. WISCONSIN SJl~7-13dB
Mav 19, 2000
VIA FAX
TOTAL PAGES: 1
FAX #: 679-5614
Mr. Brian Turk
Director of Planning
CITY OF MUSKEG0
P.O. Box 749
Muskego, WI 531 50-0749
Re: conservation Plan
Dear Brian:
The corrections recommended in my letter dated May 17, 2000 have been made, except
for.
1 General Conditions, will the City live with §7.2?
2. General Conditions, §9, will the City live with termination costs even if the
termination is caused by default of the consultant?
Sincerely,
ARENZ, MOLTER, MACY & RIFFLE, S.C.
/"/ ,.i. ~ -.
/"
Knald S. Molter, Jr
DSMIpw
cc: Mayor David L. De Angelis (Via Fax, Fax #: 679-5630, 1 Page)
Ms. Jean Marenda, Clerk (Via Fax, Fax #: 679-4106, 1 Page)
$L?'-cp r-1 -,;>l>,'\l-
Agreement for Professional Services
_. -
Following are the provisions of the Professional Services Contract entered into between
Applied Ecological Services, Inc., and the City of Muskego. Wisconsin.
In the Scope of Services section of this contract are the detailed services to be provided
by the consultant team of Applied Ecological Services (hereafter called Consultant). These
services shall be completed at a cost not to exceed the professional fees included in the budget
section of the contract. Contracted services shall be completed within the time schedule
indicated in this contract. We understand that the project location for the City of Muskego
Conservation Plan is the 35.8-square mile area within the City of Muskego.
and Signatures.
Additional sections provide for Additional Services, Payment, Attachments, Valid Period
I I. SCOPE OF SERVICES
Task 1 : Initial Focus Meeting
1 The Consultant will meet with the City of Muskego Planning Department as well as other
selected individuals the City deems necessary. The general purpose of the focus meeting
is to: Finalize the scope of the project, discuss the planning process, determine available
and pertinent data on the ecology of the City, confirm key individuals who will be directly
involved in the project, discuss issues such as access to private lands, and finalize the
project schedule.
~@
2. The Consultant will document discussions as necessary to ensure all issues will be
considered in the proper planning sequence.
Task 2: Project Start-up
1 Project start-up focuses on gathering and assessing available data, setting up computer
software and hardware and prepare a reporting outline. Under this task the land use
component of city's Comprehensive Plan will be reviewed and summarized
Task 3: Evaluation of Existing Lands
1 Meet with City Planning staff and perhaps City and County Park staff to review and
discuss existing site baseline data, existing restoration programs, existing monitoring data
and methods, and management objectives for areas under consideration.
2. Prepare site andlor review forms to provide a standardized method for providing efficient
field review of lands under consideration.
0 3. Conduct field surveys, identify slopes (especially those in excess of 12%). confirm site
conditions, species composition, restoration opportunities. and identify potential and
existing impediments. Consultant will collect and confirm key data on structure and
composition of specific natural resources, critical species habitats and environmental
corridors defined during the field review. Consultant will identify potential future park lands
under this task. Existing data will be screened and used during this task. Consultant will
collect additional, modest baseline data (gathered quickly and efficiently) to confirm site
conditions.
A. Within specific vegetation units or natural areas, a Timed Meander Search will be
performed. The Timed Meander Search involves walking through a designated
area (or along transects) and recording each plant species as it is encountered for
the first time. Each passing minute is also recorded during the survey, providing a
record of the number of new species discovered per minute in the order in which
each species is found. The search ends when no new species have been recorded
for several minutes. The species recorded in the Timed Meander Search will
provide a total plant species list for each management unit. These plant searches
will be performed on natural plant communities where access to the sites have been
granted by City, County and private individuals and/or companies.
B. Voucher specimens will be prepared for species requiring laboratory identification
Only necessary plant parts (not root systems) will be collected for this purpose.
4. Plant data analysis techniques will follow methods previously used in similar Consultant
studies. Descriptions of natural resources will be prepared based on quantitative studies
and analysis, and observations during the study. This task will address or provide brief
anthropogenic disturbance history and other information in expository or tabular formats.
A. Woody Veqetation (selected sites as necessary)
Woody vegetation will be sampled along transect lines placed to represent the most
significant ecological gradients in each management unit. Lines will be laid out by
compass. Intercept of woody plant canopies directly over each 100m line will be
recorded by species in two layers, trees (2 inch DBH and over) and vines, shrubs,
and small trees (less than 2 inches DBH and greater than Im high). All tree
diameters (DBH will be recorded by species on 1 m either side of each transect line.
Stems of all vine, shrub, and small tree species at least lm tall will be tallied with Im
of the left side of each transect line. All dead stems will be identified and recorded
separately.
Stem densities will be converted to estimates per hectare. Woody stems will be
divided into 4-inch size classes for each species. Alive and dead stems will be
expressed as per hectare estimates, again by species. Cover of species in the tree
layer and understory layer will be correlated by species. Study transects will be
recorded in 50m samples and summarized separately to allow maximum statistical
analysis.
8. Herbaceous Vegetation (selected sites as necessary)
Cover of herbaceous and woody plants less than a meter height will be measured in
meter square (circular) quadrats. Sample quadrats will be centered over a Keson
fiberglass-surveying tape every 10 meters along the study transects. In each
quadrat, percent cover of all plant species and ground cover elements (woody
debris, leaf litter, rock, etc.) will be estimated. This data will be used to calculate
absolute and relative cover, relative frequency, and importance values for each
species in each transect.
D 00046 050200 2 C~ly of Muskego
5. Using the plant data analysis, the Consultant will identify several conservation zones (i. e.,
woodlands, grasslands, prairie, degraded areas, wetlands and fens). For the purposes of
definition, conservation zones are distinctly different ecological settings requiring a specific
prescriptive management approach.
The Consultant will perform the following subtasks under this task:
A. The current condition of all management zones will be described quantitatively and
qualitatively using available data and data collected by this program.
B. Changes that have occurred in the representative conservation zone that have led to
the current conditions will be documented.
C. Current conditions of existing and undeveloped park areas will be assessed with
recommendations on the potential for incorporating natural systems into park
designs. Specific parks to be inventoried include:
0 Bluhm Farm Park
City Hall Complex
Denoon Park
Arthur Park
Muskego Park
Big Muskego Lake Wildlife Area
D. This task will result in a section of the final technical report that identifies the
conservation zone communities based on structure, function, and the identification of
environmentally sensitive parameters. This task will also identify future research
goals and needs.
6. The goals of this task are to develop short-term (2-3 years) and long-term (10 years or
longer) conservation and management strategies for each natural resource area. This
task will develop strategies for both floral and faunal communities. This task will develop
goals for restoration that can be evaluated in the field.
The Consultant will perform the following subtasks under this task:
A. Development of conservation goals that are achievable given current technology
and scientific information. The Consultant will develop clearly articulated goals
tied to measurable field performance for each ecological community. Specific
methodologies for the removallmanagement of problem plant species will be
prepared. This may include the establishment of small experimental test plots to
determine ways to address a management issue for which scientific information
is not available.
B. For each management area, the Consultant will develop conservation and
restoration strategies that involve proven techniques that have satisfied goals
and objectives in many other conservation projects developed by the Consultant.
0 00046 050200 3 City of Muskego
C. The Consultant will make recommendations to address potential impacts within
city limits from activities occurring outside city limits.
D. The Consultant will provide a section within the technical report that documents
conservation strategies.
Task 4: Identification of Viewsheds and Areas of Scenic Value
The Consultant will work with city staff to identify prominent and unique views and their
viewshed areas throughout the community. Special attention will be given to views and
viewsheds located at important community gateways, along key community corridors, and in
areas where views into open space provide a relief from an otherwise continuous development
pattern. A careful analysis and mapping of viewsheds is essential for effective community
character planning and legal defensibility. The City will also host a 6-hour community workshop
that includes an opportunity for workshop attendees to identify important views in their
neighborhood and within the community as a whole. The Consultant will lead and staff this
workshop. This step in the process requires substantial onsite visits, “windshield” surveys and
aerial photo analysis to be successful. Substantial work with the City Planning Department
staff, the Comprehensive Plan Committee and the City Plan Commission and Council is
anticipated. This review and refinement effort with local officials will occur in the same meetings
as the review and refinement of Task 5 below. This workshop will also be used to present the
technical work done by the Consultant in previous tasks and to discuss the various roles that
open space, viewshed, and natural area preservation can play within the City of Muskego.
Task 5: Identification of “Green Belts” or “Buffer Zones” which may preserve and
enhance the rural character of the community.
The Consultant will analyze the existing undeveloped and developed areas of the
community to identify areas where strategically placed green belts and buffers will be effective
in softening, preserving or enhancing rural character In many locations the use of these
strategies may be more effective and substantially less expensive than open space or
development rights acquisition. In some areas these strategies will enhance the viewshed
preservation objectives discussed above. In many other areas these strategies will be proposed
for application to existing development. In such instances these strategies can actually reverse
community character trends or urbanization and suburbanization trends. The successful
application of these strategies will reduce the long term use of solid fencing and other forms of
privacy screening which further the destruction of rural character along well traveled routes.
This step in the process requires substantial onsite visits, windshield surveys and aerial photo
analysis to be successful. Substantial work with the City planning departments staff, the
Comprehensive Plan Committee and the City Plan Commission and Council is anticipated. This
review and refinement effort with local officials will occur in the same meetings as the review
and refinement of Task 4 above.
Task 6: A system for evaluating and ranking I prioritizing the lands targeted for
conservation.
The Consultant will work with city officials to suggest, refine, and establish an objective
series of criteria for prioritizing implementation strategies and steps. This approach will take into
account the full range of open space objectives, implementation techniques, property status,
and area within the community to ensure that the selected implementation strategies are
0 00046 050200 4 City of Muskego
0 effective, cost efficient, and distributed throughout the community. The Consultant will hold a
participatory workshop to help city officials establish this evaluation system with the confidence
of having their constituents identify the criteria. The result of this effort will be an ACQUISITION
PRIORITIES MAP that depicts specific parcels, viewsheds, and buffer areas in 3-5 levels of
priority. This map will be produced in GIS format compatible with the City's existing mapping
system. This format will ensure that the priority map can be readily amended as opportunities
are added and subtracted andlor as priorities evolve. By having a consistently up-to-date
PRIORITY MAP, this plan will remain viable and attainable.
In addition to, and integrated with, the Priority Map, the Consultant has developed an
example of a rapid assessment form for prioritization of ecological resources within the city
limits of Muskego that could be used (with additional modifications) for targeting plans for
conservation (see next table).
D 00046 050200 5 City of Muskego
TABLE: Sample Prioritization Criteria for evaluating the ecological condition of selected
natural resource areas in the City of Muskego. Numbers in ( ) are the corresponding
numerical scores used in this ranking system.
Low (1)
0-20 plant species I 21-10 plant species I >41 plant species
rLUKl3I IL UUHLl I 1 I Medium (2) I High (3)
I I I I CONNECTIVITY
Low (1) High (3) Medium (2)
Highly fragmented or isolated
areas surrounded by
Ditch and tree row Hydrologic connections to
connections large tracts; unfragmented
developmenl: hydrologically
isolated uninterrupted hydrology
natural vegetation patterns;
Low (1) I Medium (2) 1 High (3)
1-5 acres I 6-25 acres I >25 acres
I I
HABITAT VALUE
LOW (1) I Medium (2) 1 High (3)
Low soecies diversitv. I Medium diversitv. some I Hiah sDecies diversitv. ~~ ~. I.
dominance by non-natives.
community type
little struclural diversity structurally uniform, one
structural diversity, few non- dominance of non-natives.
natives, wildlife cover and
usually one community type food, presence of.threatened is dominant and endangered species,
several community types.
-.
RARITV .-..... I
Low (1 ) I Medium (2) I High (3)
Disturbed vegetation, I Native communities with few I Native communities, link or
monocultures common to
natives, regionally scarce, of region region
no disturbance, few non- disturbances species, typical
species rarity
I I
I Medium (2)
RESTORATION POTENTIAL
Dresent. I Seed bank present, low
I High (3) LOW (1)
costs and labor needed to
Loss of seed bank, high
restore, hydrology
significantly or permanently
altered, ground cover absent
or sparse, intense logging,
farming
steep slopes, major erosion,
I Seed bank urobably
moderate restorationcosts
and labor, no significant
restoration costs and labor
burning), little soil and/or hydrological modifications,
required (such as prescribed
ground cover present with hydrological disturbance, little
few shade tolerant species, or no erosion
moderate slopes. old fields
I I BUFFERING CAPACITY
Adjacent to highly disturbed
high quality uplands or
Adjacent to high quality Existing prairie plantings. old
wetlands, unstable soils
river corridor, near highly small in size
uplands, wetlands, lake or fields. pastures. narrow, sites, roadways, not near
erodable land
Low (1) High (3) Medium (2)
0 00046 050200 6 City of Muskego
Task 7: Recommendation of implementation tools, which may include but are not
limited to Purchase of Development Rights (PDR), Transfer of Development Rights (TDR)
In addition to PDR and TDR, the Consultant will present the City with a neighborhood
development guidebook that clearly identifies and demonstrates a wide variety of subdivision
development and site development techniques for forwarding the community’s broad objectives
for environmental protection and community character preservation. In addition to development
rights strategies, screening and buffering techniques and viewshed approaches, this workbook
will identify proven techniques for surface and groundwater protection, reestablishment of native
vegetation, architecture and public furnishing and signage strategies, and monitoring criteria
and procedures. These alternatives will be presented and refined with city staff and local
developers prior to presentation and refinement with the Comprehensive Plan Committee, Plan
Commission and Common Council.
Task 0: Alternative Scenarios for Rural Development Opportunities, including
“Cluster Development”, or “Conservation Subdivisions”.
A clear community consensus on the voluntary or required use of cluster development in
all or specified areas of the community is critical to the success of this plan’s objectives. The
Consultant will conduct a community-wide workshop hosted by the city to present an initial
overview of various cluster development and conservation development approaches and
provide an initial evaluation of the political viability of these strategies. Following the workshop
Consultant staff will meet with city staff and local developers to seek technical consensus on
appropriate approaches for cluster development and conservation development in the City of
Muskego.
Task 9: Recommend amendments to zoning ordinances, land division ordinances,
and other regulatory devices necessary for Plan implementation.
Regulation for rural character preservation, open space preservation, and cluster
development is the most cost-effective approach for implementing the ambitious community
character goals of the City of Muskego. However, such regulations must account not only for
the public objectives, but also for the sophistication of local property owners and developers and
overlay zoning of environmental corridor components, viewsheds, and community character
both the current and evolving real estate markets in the community. Detailed requirements for
corridors will be critical, as will be flexible zoning techniques such as cluster zoning districts I
andlor planned development regulations. Similar provision must be built into the land division
ordinance to ensure that plats and certified survey maps provide development design which
implements environmental protection and community character objectives-particularly for
surface and groundwater quality, development screening, and viewshed protection. Many
important projects that will be developed in the City of Muskego will not require zoning or land
division review. The City must also adopt detailed site design performance standards, within
the zoning ordinance, to ensure that site-specific development projects also forward the City’s
objectives.
0 00046 050200 City of Muskego
Task 10: Reporting and Deliverables
All project tasks will be documented and submitted by the Consultant to the Muskego
Planning Department at the completion of the project, as well as on an interim basis as
warranted.
The Consultant will perform the subtasks under this task:
1 DRAFT AND FINAL REPORTS - The draft report will summarize all findings, conclusions,
economics, technical information and methods, and provide a literature review of all
methods to be employed for conservation of natural areas of the City included in this
project.
This task will include the following subtasks:
A. Draft Report: A detailed draft technical report with full appendix will be prepared to
include:
Identification of critical species habitats
Identification of areas with slopes in excess of 12%
Identification of natural resource areas and environmental corridors
Identification of ‘Viewsheds” and areas of scenic value
Identification of “green belts” or “buffer zones” which may preserve and enhance
A rankinglprioritization of the lands targeted for conservation
Recommendations of implementation tools such as PDRs and TDRs.
Provide alternative scenarios for rural development opportunities
Recommendations of amendments to zoning ordinances
the rural character of the community
B. Final Report: Three copies of the final report will be submitted by May 1, 2001 to the
City of Muskego by the Consultant.
2. MEETINGS - Progress meetings and field meetings will be scheduled on an as-needed
basis by either the City or the Consultant.
D 00046 050200 8 City of Muskego
PROJECT BUDGET
Task 1
Task 2.
Task 3.
Task 4.
Task 5.
Task 6.
Task 7
Task 8.
Task 9.
Task 10.
Initial Focus Meeting (includes all support services)
Project start-up (including all support services)
Evaluation of existing lands
(includes travel time and support services)
Identification of Viewsheds and Areas of Scenic Value Management Areas
(includes travel time and support services)
Identification of "Green Belts" or "Buffer Zones" which may
preserve and enhance the rural character of the community
(includes travel time and support services)
Development of a system for evaluating and rankinglprioritizing
the lands targeted for conservation (includes travel time
and support services)
Recommendation of implementation tools, which may include but
are not limited to Purchase of Development Rights (PDR), and Transfer
of Development Rights (TDR) (includes all support services)
Alternative Scenarios for Rural Development Opportunities.
including "cluster development", "conservation subdivisions"
(includes all support services)
Recommendations of amendments to zoning ordinances, land division
ordinances, and other regulatory devices necessary for Plan
implementation (includes all support services)
Reporting and Deliverables (includes all support services)
Subtotal
Reimbursable expenses
Mileage
Lodging
Per diems
Reproduction, maps
$2,670
$2,070
$29.685
$21,125
$16,815
$10,500
$18,285
$20,425
$12,500
$12,300
$146,375
$1,120
$500
$750
$1.500
TOTAL PROJECT FEES (not to exceed) $150,245.00
0 00046 050200 City of Muskego
0 rn m
P
II. ADDITIONAL SERVICES
Applied Ecological Services will provide additional services, above and beyond the
A of this contract.
scope presented above, with written approval from the client. Fees will be based on Attachment
111. PAYMENT
Professional fees shown above for each task and sub-task are fixed-price fees. Cost to
the City of Muskego will not exceed these fees without advanced, written approval. AES agrees
to complete all tasks as described in Section 1. Scope of Work for the "not to exceed" total
contract amount. If the Client chooses to remove tasks from Scope of Work, the total "not to
exceed contact amount will be reduced by the budgeted amount shown.
IV. ATTACHMENTS
Where there is a conflict between the Agreement and the attachments, this Agreement
will take precedence. The following attachments are included in the contract and will define and
govern the rights and responsibilities of each party.
General Terms and Conditions
Attachment A: Fee Schedule (for additional services only)
V. SIGNATURES
this document and the defined attachments.
In signing below, each party agrees to abide by all terms and conditions presented in
&@&
Ronald C. Wade date David L. DeAnoelis date
Vice-president - General Manager
Applied Ecological Services, Inc.
Mayor
City of Muskego. Wisconsin
I
Attest date Attest date
D 00046 050200 City of Muskego
APPLIED ECOLOGICAL SERVICES, INC.
17921 SMITH ROAD, P.O. BOX 256, BRODHEAD, WI 53520
Email: info@appliedeco.com
PHONE: 608-897-8641, 608-897-8547 FAX 608-897-8486
SPECIALISTS IN ENVIRONMENTAL MANAGEMENT AND RESEARCH
AlTACHMENT A
FEE SCHEDULE FOR CONSULTANTS
AND SUPPORT SERVICES
POSITION TITLE
Principal Ecologist
Principal Ecotoxicologist
Principal Environmental Engineer
Principal Landscape ArchitecUPlanner
Senior Ecologist
Senior Landscape ArchitecUPlanner
Senior Project Manager
Senior GIS Technician
Technical Writer
Staff Ecologist
Staff GISICADD Technician
Staff Designer
Technical Assistant
Clerical
EXPENSES
Transportation mileage
Per Diem
Computer Plotting
Any additional services
Air or public transportation
Lodging
Supplies, maps, documents
Analysis of soil and water samples
Ecotoxicology samples
Reprographics
RATE
$125.00 I hour
$ 125.00 I hour
$ 125.00 I hour
$125.00 I hour
$ 100.00 I hour
$100.00 I hour
$ 100.00 / hour
$ 100.00 I hour
$90.00 / hour
$80.00 I hour
$60.00 I hour
$60.00 I hour
$ 50.00 I hour
$35.00 I hour
$ 0.35 / mile
$30.00 I person I day
$4.50 / square foot
cost plus 15%
Time spent in providing testimony for legal proceedings
will be billed at double the normal hourly rate.
GENERAL TERMS AND CONDITIONS
1, TERM OF AGREEMENT
1,l These Terms and Conditions apply to the Applied Ecological Services' (hereafter
Consultant) Agreement for Professional Services, dated , 2000, for services to be
provided to the City of Muskego (hereafter Client). Together these documents and any
attachments constitute the Contract.
2. RESPONSIBILITIES
2.1 Standard of Care: The Consultant will perform the Services in a manner consistent with
the level of care and skill ordinarily exercised by members of the profession currently practicing
in the same locality under similar conditions.
2.2 Safety: The Consultant is responsible for the safety of its own employees. This
provision does not relieve Client or any of its officers, directors, employees, agents, vendors, or
contractors from their responsibility for maintaining a safe work site. Neither the professional
services of the Client, nor the presence of the Client's employees or subcontractors will imply
that the Consultant has any responsibility for any activities on site performed by personnel other
than the Consultant's employees or subcontractors.
2.3 Responsibility for Uncompleted Services: If any of the Services are eliminated, or if
the Consultant is not retained to perform subsequent phases, the Consultant's responsibility will
extend only to the Services it completes.
2.4 Reliance on Information: In performing these services. the Consultant may review and
interpret documents and other information provided to it by others, including the Client, the
Client's contractors, government authorities, laboratories and other entities. Unless specifically
addressed in Project Services authorized by Client, the Consultant may rely upon this
information without an independent evaluation of its accuracy or completeness, and shall not be
responsible for any errors or omissions contained in such information.
3. TIME FOR PERFORMANCE
3.1 General: Consultant Services will be performed according to the Schedule (Timeline)
specified in the Proposal.
3.2 Effect of Delay: If the Services to be performed by the Consultant are interrupted,
disrupted, suspended, or delayed for any reason beyond the reasonable control of the
Consultant, the Schedule of work and the date for completion will be adjusted accordingly. The
Consultant will be compensated for all reasonable increased costs resulting from such
interruption, disruption, suspension, or delay.
D 00046 050200 City of Muskego
4. COMPENSATION
4.1 Method of Compensation: Compensation for services shall be as set forth in the
Contract Budget.
4.1 1 Taxes: All charges are net of any applicable taxes (except income and payroll taxes).
Any additional costs due to applicable taxes will be reimbursed by Client.
5. PAYMENT
5.1 Time of Payment: Client agrees that time is of the essence as to payment of
Consultant's invoices.
5.2 Invoicing: Consultant will submit monthly invoices to Client for contracted tasks
completed, on a percent-complete basis, in the preceding period. Invoices are due and payable
thirty (30) calendar days after the invoice date.
5.3 Disputed Invoices: If Client objects to all or any portion of the invoice, Client will notify
the Consultant in writing within ten (10) calendar days of the invoice date, identify the cause of
the disagreement, and pay when due that portion of the invoice that is not in dispute. In the
event that Consultant and Client cannot resolve the dispute regarding the invoiced amount
within thirty (30) days after receipt of the notice of disagreement by Client, the dispute will be
subject to the Dispute Resolution provision of this Agreement.
5.4 Interest: Client will pay an additional charge of one (1) percent per month, or the
maximum percentage allowed by law, whichever is lower, of the overdue amount for any
payment received by Consultant more than thirty (30) calendar days from the date of the
invoice, except any portion of the invoiced amount in dispute and resolved in favor of Client.
5.5 Suspensionmermination of Services for Non-Payment: If any invoice amount is not
paid within thirty (30) calendar days after the date of the invoice, Consultant will have the right,
after giving seven (7) days written notice, to suspend all Services on the Project until all
accounts (including charges and accrued interest) have been paid. If any overdue amount is
not paid within forty-five (45) calendar days after the date of the invoice, Consultant will have the
right to terminate this Contract. Any attorney fees, court costs, collection fees or other costs
incurred in collecting any delinquent amounts will be paid by Client.
6. CONFIDENTIALITY
6.1 Use of Project Information: Client agrees that Consultant may use Client's name and a
general description of the Project as a reference for other prospective clients, provided that no
confidential information is disclosed.
7. OWNERSHIP OF DOCUMENTS
7 1 Documents: Original documents generated by Consultant will remain the property of the
City of Muskego.
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7.2 Use: Any documents generated by Consultant are for the exclusive use of Client, and
any unauthorized use by third parties or use beyond the intended purpose of the document, will
be at the sole risk of Client, unless otherwise agreed upon in writing.
a. ALLOCATION OF RISK
8.1 Insurance: Consultant agrees to purchase and maintain at its own expense general
liability insurance, professional liability insurance. and automobile liability insurance.
Certificates of insurance will be provided to Client upon request in writing. Current insurance
policy limits are $2 million for general liability, $1 million for professional liability and $1 million
for automobile liability. in addition to $4 million as an umbrella liability policy. Consultant agrees
to purchase additional insurance as requested by the Client (presuming such insurance is
available to Consultant) provided the premiums for such additional insurance are reimbursed by
the Client.
8.2 Indemnification: Client and Consultant agree that each Party will be responsible for
claims, suits, damages, and losses to the extent caused by their own negligence or willful
misconduct.
9. TERMINATION
9.1 Termination: This Contract may be terminated by either Party upon ten (IO) days
written notice for (1) failure of the other Party to substantially perform its responsibilities under
this Contract, (2)substantial violation of any provision of this Contract, or (3) discovery of
conditions that differ materially from those ordinarily found to exist in, or generally recognized as
inherent in the work contemplated to be performed under this Contract. In the event of
termination, Consultant will be paid on a time and expenses basis at Consultant's standard
rates for services performed prior to the termination notice date plus reasonable termination
expenses, including the cost of completing analyses, records, and reports necessary to
document job status at the time of termination, and the cost to bring any site work to a safe and
stable condition. Consultant will also be reimbursed for reasonable costs associated with
untimely demobilization and reassignment of personnel and equipment.
10. THIRD PARTIES
10.1 Successors and Assignees: This Contract will be binding on Consultant and Client,
and their successors, trustees, legal representatives, and assigns. Neither Party may assign or
transfer any rights, responsibilities, or interest in this Contract without the written consent of the
other Party and any attempt to do so without such consent will be void.
11. INTERPRETATION
11 1 Severability: If any provision of this Contract is determined to be void or unenforceable
by a Court, all remaining provisions will continue to be valid and enforceable. The court will
reform or replace any void or unenforceable provision with a valid and enforceable provision
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D,00046:050200 City of Muskego