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COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #160-2001
APPROVAL OF AGREEMENT BETWEEN
THE CITY OF MUSKEG0 AND
PARTNERS IN DESIGN ARCHITECTS, INC.
FOR COMMUNITY CENTER FEASIBILITY STUDY
WHEREAS, It is the desire of the City to retain Partners in Design Architects, Inc. for
the Community Center Feasibility Study; and
WHEREAS, The Finance Committee has reviewed the Agreement and has
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 approve
the Agreement between the City of Muskego and Partners in Design Architects, Inc.
for the Community Center Feasibility Study subject to approval of the City Attorney.
BE IT FURTHER RESOLVED that the Mayor and Clerk-Treasurer are hereby
authorized to execute the agreement in the name of the City.
DATEDTHIS 14th OF Auqust ,2001
SPONSORED BY:
FINANCE COMMll7EE
Ald. Mark A. Slocomb
Ald. David J. Sanders
Ald. Nancy C. Salentine
This is to certify that this is a true and accurate copy of Resolution #160-2001 which
was adopted by the Common Council of the City of Muskego.
8/2001jmb
I
I
Standard Form of Agreement Between
Owner and Architect for Special Services
AIA Document B727 - Electronic Format
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN AlTORNEY IS ENCOURAGED WITH RESPECT TO ITS
COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA
DOCUMENT D401
Recommended for use with cunent editions ofstandard AIA Agreement forms and documents
Copyright 1972. 1979, 1988 by The American Instilute of Architects, 1735 New York Avenue N.W., Washington D. C., 20006-5292. Reproduction of the malerial
herein or subslantial quotation dils provisions without wriuen permission ofthc AIA violates the copyright laws of Ihe U.S. and will k subject to legal prowcution.
AGREEMENT
made as of the uday of -in the year ofNi-0 Thousand and One
BETWEEN the Owner:
(Nome and address)
Muskeeo. Wisconsin 53 150
and the Architect:
(Nom and address)
Partners in Design Architects. Inc.
600 - 52nd Street. Suite 220
Kenosha. Wisconsin 53 140
For the following Project:
Community Center Feasibility Study - Program. project size, Droiect scope and budeet to be determined by feasibility study.
The Owner and the Architect agree as set forth below
(Include derorled dercrrprton ojPqrcr, locolion. addrerr ond sc0pe.l
IA OIXLIMENT 8727 . OWNER-ARCHITECT AGREEMENT . 1988 EDITION - AIA - COPYNGHT 1988 - THE AMEWCAN INSTITUTE OF
RCHITECTS. I7;j NEW Y0P.K AVENUE N.W , WASHINGTON D.C. 20006-j292. Unlicensed photocopying YIOIIES U.S. copyright laws and is subject 10
documcnl was clcclronicdly produccd wilh permission of Lhe AIA 2nd can bc reproduced without ~iolalion until the dale arespiralion as
Electronic Format B727- 1988
a User Document: 0WNARCH.DOC - 8/2/2001 AIA License Number 104773, which expires on 2/7/2002 - Page #I
ARTICLE 1
ARCHITECTS SERVICES a. (Here lia those semices lo be provided by the Architect under the Terms and Condlfions of :hi3 Agreemenf. Nme under eoch service lirfed fhe merhod and means of
mpenrotron IO be used. fopplicable. asprovided in Arlicle 8.1
ervlces to be provided by Architects and his consultants under this agreement included the followinq
Phase One: Research and Data Collection - A. Market Analysis - gather and analyze information related to the demographic make-up of the City of Muskeeo and ~- possible expanded servinc radius for the new facility and identifv what factors might have an effect on the proiect,
both positive and negative.
1. - Identification ofservice area
2. ~ - Demoeraphic characteristics1 community profile - Review of existin? facilities1 proeramsl activities in service area. 6"- ~~ Competitive market analysis of other recreation providers.
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2.
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- 5. " comparison Lf Muskeeo with national. regional and local participation statistics and grogramminq nends.
1 6'" Market sezment determination and analysis.
" . -. . . . -
I
Phase Two: Determine physical requirements and feasibility of the facility's operation.
A. - Proqrammine - identifv current and future activities1 programs1 services and spaces that need to be included within
thgroposed facility. as well as any collaborative Darmerships.. Final spacegrogram will be developed for-
activities within proposed facility. as well as minimum site space required for each activity area.
". " .
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I. Develop consensus of program offerings. - 2. ~~ Determine sizinq and space allocation requirements and activily relationships. interaction and space
1
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'now. x" ~ "'Operatine structure and parameters (oueration philosophv and priorities of use)
. ~~
~ ~ ~
4 Determine land use for land outside of proposed facility (i.e. parkine. trails, ponds. activity areas like ball
field. plaveround etc.) with theaterlmeetinz roomsbanquet hall. ' B. Operational Structure - identify mission statement and models for staffing and administrative functions.
b
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- I. Define mission statement options.
-. ~ ~~
&" ~~~ establish administrative1staff structure based on citv owned and operated.
C. - Cost and Revenue Analysis - forecast conditionsd associated costs for how the proposed facility would. ~-~ b
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-~ operate and determine the relationship between Droiected expenses and revenues.
Anendance estimates: dailv. annually. special eventslfunctions
seniors. guests. groups. family increments, etc.
Sources of income from memberships. recreation proerams, facility rentals. others.
Operatin? cost proiections for salaries. utilities. supplies, maintenance. repairs and replacement Or
cauital equipment.
Revenue generation proiections for all sources of income.
Revenue and cost comparisons (cost recoverv level with vearlv proiections)
~. - ~~ Fee structure for facility memberships and recreation garticipation &r residents. non-residents.
..
-Marketing Strategv ideas.
- D. Evaluation of Proiect Site: (two possible variations of land confizurations)
I. - Incorporate physical characteristics of site into land use plan for acrivitv use of communitv center land.
~" .. " ~ - 2. Service requirements for site (water. sewer. gas. electric. access into site from maior streets. etc.) - 3. Coordinate- relationship of community center facility and theaterlmeetinq rooms1 banquet hall ~~ ~
~. e ~~~~ . ..
facility with proiect sites.
AIA DOCUMENT 8727 . OWNER-ARCHITECT AGREEMENT . 1988 EDITION . AIA - COPYRIGHT 1988 . THE AMEFUCAN WSTITWE OF
ARCHITECTS. 1735 NEW YOW AVENUE N.W WASHINGTON D C. 20006-5292,; Unliccnred photocopying violates U.S. copyright laws and is subject to
legal prorcculion. This document elecvonically produced with pcrmisrion oirhe AlA and can be reproduced wilhoa violalion until [he dare OieXpiralion as
noted below.
= User Document: 0WNARCH.DOC - 8/2/2001 AIA License Number 104773, which expires on 2/7/2002 -- Page #2
Electronic Format 8727-1988
- E. Building Desien - understand issues of scale and uhvsical relationships for both the buildina and site. as well as the ". ." function over form philosophy.
- -_ 1. Relationship diazrams (functional operations oreanization and activity relationships. flow, 4
27"Alternative conceptual desien floor plans with presentation drawinas.
&"-Preliminary cost estimates for each alternative.
circulation)
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Phase Three: Proiect Im~lementation - ~"_ A. Proiect Funding
- I. Financina options
2.-ParmershiD formation - 3. Joint use aereements " ~
~
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"~
z"-Donations
6.-
5."" - "Sale-lease back" aereements - 7."-State and Federal fundinp
- _____
-. 8.- Tax-based fundine
Services desribed above will beperformed bv Partners in.
Group and Rilev Construction
Desien Architects,, "" Inc. and their consultants The Sports Manaeement
AIA WCUMENT 0127 . OWNER-ARCHITECT AGREEMENT . 1988 EDITION . AIA . COPYRJGHT 1988 . THE AMENCAN INSTITUTE OF
legal proseculian. This document was elCCUOn!Cally produced wilh permission of lhhc AIA and can be reproduced wilhout violation unlit lhe dare of expiration a
ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHlNGTON D.C., 20006-j292. Unlicensed photocopying violates U.S copyiehr laws and is subjecllo
noted below.
Electronic Format 8727-1988
TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
I 1
ARTICLE 2
OWNERS RESPONSIBILITIES
2.1 The Owner shall provide full information regarding
requirements for the Project. The Owner shall furnish
required information as expeditiously as necessary for the
orderly progress of the Work, and the Architect shall be
entitled to rely on the accuracy and completeness thereof.
2.2 The Owner shall designate a representative authorized to
act on the Owner's behalf with respect to the Project. The
Owner or such authorized representative shall render
decisions in a timely manner pertaining to documents
submitted by the Architect in order to avoid unreasonable
delay in the orderly and sequential progress of the Architect's
services.
USE OF ARCHITECTS DOCUMENTS
ARTICLE 3
3.1 The documents prepared by the Architect for this Project
are insmments of the Architect's service for use solely with
respect to this Project and, unless othenuise provided, the
Architect shall be deemed the author of these documents and
rights, including the copyright. The Owner shall be permitted
hall retain all common law, statutory and other reserved
to retain copies, including reproducible copies, of the
Architect's documents for the Owner's information, reference
and use in connection with the Project. The Architect's
documents shall not be used by the Owner or others on other
projects, for additions to this Project or for completion of this
Project by others, unless the Architect is adjudged to be in
default under this Agreement, except by agreement in writing
and with appropriate compensation to the Architect.
.;
ARBITRATION
ARTICLE 4
4.1 Claims, disputes or other matters in question between the
parties to this Agreement arising out of or relating to this
Agreement or breach thereof shall be subject to and decided
by arbitration in accordance with the Construction Industry
Arbitration Rules of the American Arbitration Association
currently in effect unless the parties mutually agree
othenuise.
4.2 A demand for arbitration shall be made within a
reasonable time after the claim, dispute or other matter in
question has arisen. In no event shall the demand for
arbitration be made after the date when institution of legal or
equitable proceedings based on such claim, dispute or other
matter in question would be barred by the applicable statutes
of limitations.
4.3 No arbitration arising out of or relating to this
Agreement shall include, by consolidation. joinder or in any
other manner, an additional person or entity not a party to this
Agreement. except by written consent containing a specific
reference to this Agreement signed by the Owner, Architect
and any other person or entity sought to be joined. Consent
to arbitration involving an additional person or entity shall
other matter in question not described in the written consent
not constitute consent to arbitration of any claim, dispute or
or with a person or entity not named or described therein.
The foregoing agreement to arbitrate and other agreements to
arbitrate with an additional person or entity duly consented to
by the parties to this Agreement shall be specifically
enforceable in accordance with applicable law in any court
having jurisdiction thereof.
4.4 The award rendered by the arbitrator or arbitrators shall
be final. and judgment may be entered upon it in accordance
with applicable law in any court having jurisdiction thereof.
TERMINATION OR SUSPENSION
ARTICLE 5
5.1 This Agreement may be terminated by either party upon
not less than seven days' written notice should the other party
fail substantially to perform in accordance with the terms of
termination.
this Agreement through no fault of the party initiating the
5.2 If the Owner fails to make payment when due Ihe
Architect for services and expenses, the Architect may, upon
seven days' written notice to the Owner, suspend performance
of services under this Agreement. Unless payment in full is
notice, the suspension shall take effect without further notice.
received by the Architect within seven days of the date of the
have no liability to the Owner for delay or damage caused the
In the event of a suspension of services, the Architect shall
Owner because ofsuch suspension of services.
5.3 In Ihe event oftermination not the fault ofthe Architect,
." IA DOCUMENT a727 - OWNER-ARCHITECT AGREEMENT - 1988 EDITION . AIA - COPYNGKT 1988 . THE AMENCAN MSTITUTE OF
legal pmsecuuon. This document wa5 electronically produced wilh permission of [he AIA and can be reproduced wirhout violation "mil be dale of cxpiralion a5
ARCHITECTS, 1755 NEW YORK AVENUE N.W. WASHrNFTON D.C. 20006-5292., Unlicensed phalacopyins violatc~ U.S. copyrich1 laws and is rubjecl Io
noted below
Electronic Format 8727-1988
a User Document: 0WNARCH.DOC - 8/2/2001 AIA License Number 104773. which expires on 2/7/2002 -- Page #4
the Architect shall be compensated for services performed
then due and all Termination Exoenses as defined in
prior to termination, together with Reimbursable Expenses e ragraph 5.4.
5.4 Termination Expenses shall be computed as a percentage
of the compensation earned to the time of termination, as
follows:
.I For services provided on the basis of a multiple of
Direct Personnel Expense, 20 percent of the total
Direct Personnel Expense incurred to the time of
termination: and
.2 For services provided on the basis of a stipulated
sum. IO percent of the stipulated sum earned to the
time oftermination.
ARTICLE 6
MISCELLANEOUS PROVISIONS
6.1 Unless otherwise provided, this Agreement shall be
governed by the law of the principal place of business of the
Architect.
6.2 Causes of action between the parties to this Agreement
pertaining to acts or failures to act shall be deemed to have
accrued and the applicable statute of limitations shall
ommence to run not later than the date payment is due the
Archltect pursuant to Paragraph 8.4.
6.3 The Owner and Architect, respectively, bind themselves,
their partners, successors, assigns and legal representatives to
the other party to this Agreement and to the partners,
successors, assigns and legal representatives of such other
Neither Owner nor Architect shall assign this Agreement
patty with respect to all covenants of this Agreement.
without the written consent of the other.
6.4 This Agreement represents the entire and integrated
agreement between the Owner and Architect and supersedes
all prior negotiations, representations or agreements, either
written or oral. This Agreement may be amended only by
written instrument signed by both Owner and Architect.
6.5 Nothing contained in this Agreement shall create a
contractual relationship with or a cause of action in favor of a
third par? against either the Owner or Architect.
6.6 Unless otherwise provided in this Agreement, the
Architect and Architect's consultants shall have no
responsibility for the discovery, presence, handling, removal
a.
or disposal of or exposure of persons to hazardous materials
asbestos, asbestos products, polychlorinated biphenyl (PCB)
in any form at the Project site, including but not limited to
or other toxic substances.
ARTICLE 7
PAYMENTS TO THE ARCHITECT
7.1 DIRECT PERSONNEL EXPENSE
7 1.1 Direct Personnel Expense is defined as the direct
salaries of the Architect's personnel engaged on the Project
and the portion of the cost of their mandatory and customary
contributions and benefits related thereto, such as
employment taxes and other statutory employee benefits,
insurance, sick leave, holidays, vacations, pensions, and
similar contributions and benefits.
7.2 REIMBURSABLE EXPENSES
7.2.1 Reimbursable Expenses are in addition to the
Architect's compensation and include expenses incurred by
the Architect and Architect's employees and consultants in the
interest of the Project for:
.I expense of transportation and living expenses in
connection with out-of-town travel authorized by the
Owner;
.2 7; ..
.3 fees paid for securing approval of authorities having
jurisdiction over the Project;
.4 reproductions;
.5 postage and handling of documents;
.6 expense of overtime work requiring higher than
regular rates, if authorized by the Owner;
.7 renderings and models requested by the Owner;
.8 expense of additional coverage or limits, including
professional liability insurance, requested by the
Owner in excess of that normally carried by the
Architect and the Architect's consultants; and
.9 &pef6e%f"4~
eq+mew-HRte-H.keR44fh?M&"* *
e ARCHITECTS. 1735 NEW YON AVENUE N.W. WASHMCTON D.C. 20006.5292 ; Unlicensed pholocopying violales U.S. copyright laws and is subjecl 10
IA DOCUMENT 8727 - OWNER-ARCHITECT AGREEMENT - 1988 EDITION - AIA - COPYRIGHT 1988 - THE AMERICAN NSTITUTE OF
lcgal prosecution. This document was electronically produced wilh permission of Ihe AIA and can be reproduced without violalion until Ihc dale of expiralion Z
noted below.
Electronic Format B727-1988
a User Document: 0WNARCH.DOC -- 8/2/2001. AIA License Number 104773, which expires on 2/7/2002 -Page #5
the minimum payment under this Agreement. 7.3 PAYMENTS ON ACCOUNT OF THE
ARCHITECTS SERVICES 7.4 ARCHITECTS ACCOUNTING RECORDS
e3.1 Payments on account of the Architect's services and 7.4.1 Records of Reimbursable Expenses and expenses
presentation of the Architect's statement of services rendered
for Reimbursable Expenses shall be made monthly upon pertaining to services performed on the basis of a multiple of
Direct Personnel Expense shall be available to the Owner or
or as otherwise provided in this Agreement. the Owner's authorized representative at mUNally convenient
times.
7.3.2 An initial payment as set forth in Paragraph 8.1 is
BASIS OF COMPENSATION
ARTICLE 8
The Owner shall compensate the Architect as follows:
8.1 AN INITIAL PAYMENT OF Zero Dollars (IF o.00 ) shall be made upon execution of this Agreement and credited to the
Owner's account at final payment.
8.2 COMPENSATION FOR THE ARCHITECTS SERVICES, as described in Article I, Architect's Services, shall be computed as
follows:
neeerrory)
ComDensationm& accordinPo& Schedule of Hourly Rates artached hereto, DIUS expenses.- Compensation shall not exceed
S56.000.00 without authorization bv Owner.
8.3 FOR REIMBURSABLE EXPENSES, as described in Article 7, and any other items included in Article 9 as Reimbursable
consultants in the interest ofthe Project.
Expenses, a multiple of one and 151100 ( 1.15 ) times the expenses incurred by the Architect, the Architect's employees and
(Imerr borir ojcompenrorion. mclndmg rttpulared sum mulr,pler or percenragcs, and tdenrlfy the services ro which porriculor merhodr ojeompenmrion apply. fl
0.4 Payments are due and payable ( jo ) days from the date of the Architect's invoice. Amounts unpaid thim ( 3 )
days after the invoice date shall bear interest at the rate entered below, or in the absence thereof, at the legal rate prevailing from time
to time at the principal place of business of the Architect.
/hrm rare ojinreresr agreed upon.)
8.5 IF THE SCOPE of the Project or of the Architect's services is changed materially, the amounts of compensation shall be
equitably adjusted.
IA DOCUMENT 8727 . OWNER-ARCHITECT AGREEMENT - 1988 EDITION - AIA - COPYRIGHT 1988 - THE AMERICAN WSTITUTE OF
RCHITECTS, 1735 NEW YOW AVENUE N.W., WASHINGTON D.C. 20006-5292.: Unlicensed pholocapying v~olate~ U.S. copyrighl laws and is subject IO
lcgl prorccution. This docurnenl \va5 clecuonically produced wilh permission oflhhe AIA and can be reproduced wilhout violation until the dare ofcxpiratlon a
noted bclow.
a User Document: 0WNARCH.DOC -- 8/2/2001 AIA License Number 104773, which expires on 2/7/2002 -- Page %
Electronic Format 8727-1988
- 3. Up to IO Final Reports shall be provided as Dart of COMPENSATION FOR THE ARCHITECTS SERVICES.- Printinq "_ . - expenses for additional workbooks shall be compensated as a REIMBURSABLE EXPENSE.
This Agreement entered into as of the day and year first wrinen above.
I OWNER ARCHITECT
b-i~norure)
Thomas J. OConnell Ir.. President
lPnnfed nome and r,fle) (Primed nome and rille)
0 Schedule of Hourly Rates
Hourly rates are effective January 1 ~ 2001 Rates are subject to review on an annual basis
effective on January 1 of each year and may be increased at a rate no greater than S% per year
Partners in Desien Architects
Thomas J. O’Connell Jr., AIA Principal and Project Manager $90.00
Jeffrey E. Bridleman, Intern Architect $50.00
Rose Rose. Clerical $40.00
The Soons Management Groue
Lauren Livingston
Sandra Karse
Serena Sidmore Deabueuno
Michael Jensen
Rilev Constroction
$125.00
$100.00
$75.00
%50.00
Murray A. Papendorf $75.00