CCR2001161COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #161-2001
0 APPROVAL OF AGREEMENT BETWEEN
THE CITY OF MUSKEG0 AND
ENGBERG ANDERSON DESIGN FOR
THEATRElMEETlNG ROOMlBANQUET HALL
FEASIBILITY AND CONCEPTUAL DESIGN
WHEREAS, It is the desire of the City to retain Engberg Anderson Design Partnership,
Inc. for the feasibility and conceptual design related to the TheatrelMeeting
RoomlBanquet Hall project; 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 Engberg Anderson Design
Partnership, Inc. for the feasibility and conceptual design related to the
TheatrelMeeting RoomlBanquet Hall project 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. 0
DATED THIS 14th OF Auaust ,2001
SPONSORED BY:
FINANCE COMMITTEE
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 #161-2001 which
was adopted by the Common Council of the City of Muskego.
8l2001jmb
Standard Form of Agreement Between
Owner and Architect
for Special Services
1988 Edition
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES: CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED MA DOCWENT MAY BE MADE BY USING AIA DOCUMENT Dwt.
Rmommendd for uc with current editions ofstandard AM Agrement forms and documents
Copyright 19~1.1ms. B 19 by The American Instilute of Arcl?il~c&. 1735 New York Avenue. N.W.. Warhinglon D. C.. m"5-p~. Reproduction of the material herein
viol IC ales the co- ws of the United States
AGREEMENT
made as of the Fus! day of dugus! in the year of 200;
BETWEEN theowner:
Craig AndeEon
fNmeandaddms}
Parks and Recreation DiIector
City of Muskego
W182 SBzoo Racine Avenue
Muskego, Wisconsin. 53150
and the Architect:
..
6UNOah Broadway
For the following Project:
(Include del+id+ptioOn gPm@ IOcaDon~ address andwoprl
TheitrejMeeling Reom/Banquet .Hall Feasibility and.Conceptu4 Design
The Owner and the Architect agree as set forth below,
I TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT 1
OWNER'S RESPONSIBILITIES
ARTICLE 2 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
2.1 The Owner shall provide full information regarding in a timely manner pertaining to documents submitted by the
requirements for the Project. The Owner shall furnish required Architect in order to avoid unreasonable delay in the orderly
information as expeditiously as necessary for the orderly and sequential progress of the Architect's services.
progress of the Work, and the Architect shall be entitled lo rely
the accuracy and completeness thereof.
$I988 - THE AMERl CAN INSTITUTE OF ARCmS, 1735 NEW Y
OWNER-ARCHITECT AGREEMENT - 1988 EDITION - AlAlB - WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the
ORK AVENUE, N.W., WASHINGTON, D.C., 20006-5292. AIA DOCUMENT 0727 -
your license without violation until the date of expiralion as noted below. User Document: muskego b727.aia -- 81U2001. AIA License Number
violator to legal prosecution, This document was electronically produced with permission of the AIA and can be reproduced in accordance with
1021629, which expires on 3/3/2002.
Electronic Format 8727-1988
1
ARTICLE 3
USE OFARCHITECT'S DOCUMENTS e.. The documents prepared by the Architect for this
Ject are instruments of the Architect's service for use solely
with resped to this Project and, unless othenvise provided, the
Architect shall be deemed the author of these documents and
shall retain all common law, statutory and other reserved rights.
including the copyright. The Owner shall be permitted 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
others, unless the Architect is adjudged to be in default under
additions to this Project or for completion of this Project by
this Agreement, except by agreement in writing and with
appropriatecompensation IO the Architect.
ARTICLE 4
ARBITRATION
4.1 Claims, disputes or other matters in question between
Agreement or breach thereof shall be subject to and decided by
the paaies to this Agreement arising out of or relating to this
Arbitration Rules of the American Arbitration Association
arbitration in accordance with the Conslruclion Industry
currently in effect unless the parties mutually agree othenvise.
4.2 A demand for arbitration shall be made within a
reasonable time afier the claim, dispute or other matter in
question has arisen. In no event shaU the demand for
arbitration be made after the date when institution of legal or
ultable proceedings based on such claim, dispute or other
alter m questlon would be barred by the applicable statutes of a'. :
limitations.
4.3 No arbitration arising out of or relating to this
Agreement shall include, by consolidation. joinder or in any
Agreement, except by written consent containing a specific
other manner, an additional person or entity not a party to this
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 enlily shall not
constitute consent to arbitration of any claim, dispute or other
a person or entity not named or described therein. The
matter in question not described in the written consent or with
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 coun having
jurisdiction thereof.
shall be final, and judgment may be entered upon it in
4.4 The award rendered by the arbitrator or arbitrators
accordance with applicable law in any court having jurisdiction
thereof
TERMINATION OR SUSPENSION
ARTICLE 5
upon not less than seven days' written notice should !he other
party fail Substantially to perform in accordance with the terms
of this Agreement through no fault of the party initiating the
termination.
5.2 If the Owner fails to make payment when due the
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
received by the Architect within seven days of the date of the
notice, the suspension shall take effect without further notice.
In the event of a suspension ofservices, the Architect shall have
no liability to the Owner for delay or damage caused the Owner
because of such suspension of services.
5.3 In the event of termination not the fault of the
Architect, the Architect shall be compensated for setvices
performed prior to termination, together with Reimbursable
Expenses then due and all Termination Expenses as defined in
Paragraph 5.4.
percentage of the compensation earned to the time of
5.4 Termination Expenses shall be computed as a
termination, as follows:
1 For services provided on the basis of a multiple of
Direct Personnel Expense, 20 percent of the total
termination; and
Direct Personnel Expense incurred to the time of
.2 For services provided on the basis of a stipulated sum,
IO percent of the stipulated sum earned to the time of
termination.
ARTICLE 6
MISCELLANEOUS PROVISIONS
6.1 Unless otherwise provided, this Agreement shall be
Architect.
governed hy the law of the principal place of business of the
Agreement pertaining to acts or failures to act shall be deemed
6.2 Causes of action between the parties to this
to have accrued and the applicable statute of limitations shall
commence to run not later than the date payment is due the
Architect pursuant to Paragraph 8.4.
6.3 The Owner and Architect, respectively, bind
representatives to the other party to this Agreement and to the
themselves. their partners, successors, assigns and legal
parlners, successors, assigns and legal representatives of such
other party with respect to all covenants of this Agreement.
without the written consent ofthe other.
Neither Owner nor Architect shall assign this Agreement
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. .I This Agreement may be terminated by either pady
OWNER-ARCHITECT AGREEMENT - 1988 EDITION - AIA@ - WARNING: Unlicensed photocopying violates U.S. copyright laws and wilt subject the
violator to legal prosecution. This document war electronically produced with permission of the AIA and can be reproduced in accordance with
your license without violation until the date of expiration as noted below. User Document: murkego b727.aia -- 8/2/2001. AIA License Number
1021629, which expires on 3/3/2002.
Electronic Format 8727-1988
2
Qd p
6.5 Nothing contained in this Agreement shall create a
ntractual relationship with or a cause of action in favor of a
arty against either the Owner or Architect.
6.6 Unless othenvise provided in this Agreement, the
responsibility for the discovery, presence, handling, removal or
Architect and Architect's consultants shall have no
disposal ofor exposure of persons to hazardous materials in any
form at the Project site, including but not limited to asbestos,
asbestos products, polychlorinated biphenyl (PCB) or other
toxic substances.
PAYMENTS TO THE ARCHITECT
ARTICLE 7
7.,1 DIRECT PERSONNEL EXPENSE
salaries of the Architect's personnel engaged on the Project and
7.1.1 Direct Personnel Expense is defined as the direct
contributions and benefits related thereto, such as employment
the portion of the cost of their mandatory and customary
leave, holidays, vacations. pensions, and similar contributions
taxes and other statutory employee benefits, insurance, sick
and benefits.
7.2 REIMBURSABLE EXPENSES
7.2.1 Reimbursable Expenses are in addilion to the
Architect's compensation and include expenses incurred by the
Architect and Architect's employees and consultants in the
@eres~ of the Project for:
.1 expense of transpodation and living expenses in
connection with out-of-town travel authorized by the
Owner;
.2 long-distance communications;
.3 fees paid for securing approval of authorities having
jurisdiction over the Project;
.4 reproductions;
.5 postage and handling ofdocuments;
.6 expense of overtime work requiring higher than
regular rates, if authorized by the Owner,
.7 renderings and models requested hy the Owner,
teyondd@ose i&n$ied i;! wibi<q .-
.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 Expense of computer-aided design and drafiing
equipment time when used in connection with the
Project.
7.3 PAYMENTS ON ACCOUNT OF THE
ARCHITECT'S SERVICES
7.3.1 Payments on account of the Architect's senices and
for Reimbursable Expenses shall be made monthly upon
presentation of the Architect's statement of senices rendered or
as othenvise provided in this Agreement,
7.3.2 An initial payment as set forth in Paragraph 8.1 is the
minimum payment under this Agreement.
7.4 ARCHITECT'S ACCOUNTING RECORDS
pertaining to senices performed on the basis of a multiple of
7.4.1 Records of Reimbursable Expenses and expenses
Owner's authorized representative at mutually convenient
Direct Personnel Expense shall be available to the Owner or the
times.
ARTICLE 8
BASIS OF COMPENSATION
The Ownershall compensate the Architect as follows:
to the Owner's account at final payment.
8.1 AN INITIAL PAYMENT OF twothousand Dollars (s2,000.00 ) shall be made upon execution of this Agreement and credited
8.2 COMPENSATION FOR THE ARCHITECT'S SERVICES, as described in Article I, Architect's Services, shall be computed as
follows: Thiriy-five\housand dollar ($35,000.00) lump sum not (o exceed. Ref& 6 Exhihi A, Actiities arid~0eli~~des Ouiline.
necesraryl
/Inmi his of compensation, includihg xfipulared rums multiples or percentages, and idmfi+ Ihe renicer Io which pvricular mrlhodr of compemation apply, if
8.3 FOR REIMBURSABLE EXPENSES, as described in Article 7, and any other items included in Article 9 as Reimbursable
of the Project. Five thousand dollar (ss,ooo.oo). budget.
Expenses, a multiple of one (I ) times the expenses incurred by the Architect, the Architect's employees and consultants in the interest
88 - THE AMERICA
OWNER-ARCHITECT AGREEMENT - 1988 EDITION - AIAW -WARNING: Unlicensed photocopying violates US copyright laws and wilt subjecl the
violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with
vour license without violation until the date of emiration as noted below, User Dacument: muskeno b727.aia -- 8/2/2001, AIA License Number
3 c c. 35 -5291. C
I~~ ~~~
1021629, which expires on 3/3/2002. I
Electronic Format 8727-1988
3
8.4 Payments are due and payable thiriy ( 30 ) days from the dale of the Architect's invoice. Amounts unpaid ninety ( 90 ) 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
qt the principal place of business ofthe Architect. e* mer^ mr dinteresf arced opnJ
(UrwylawrandquirPmenfr~d~~fh~Fedea/T~rulhinL~~~A4similarrlaleandla~conrumercredirlawrandofherngulationsaf IheOwnerkandArchifmi
pnhcipalp1xt-s ofbusiness, the laaubn of fhe Pmjxf and elsewhere may a/Feci Ihc validily of Ihispronsion. Specific IqaJ advice rhould h= obfainrd Hilh mpxl IO
deletions ormadificaubnr, md also mprding orher quiremenu such a w'lfen disclosures or wa'vem.)
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.
OTHER CONDITIONS
ARTICLE 9
This Agreement entered into as ofthe day and year first witten above.
OWNER ARCHITECT E~ngb_erg,Andefsoi Desig<Par&shjp, lncj .
GTON, D.C.. 2oM)6-
violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with
your license without violation until the date of expiration as noted below. User Document: muskego b727.aia -- 8/2l2001. AIA License Number
1021629, which expires on 3/3/2002.
Electronic Format 6727-1988
d
AIA 8151 OwnerlArchitect Agreement
Exhibit A 0 City of Muskego
Exhibit A
Tak One:
Task Two:
Task Three:
Task Four:
Overview Assessment
Issues/Opportunities
Comparables
Market Assessment
Opportunities/Constraints
Financial Implications
Project Options
Fiancials
Opportunities
FeasibilitylFacility Program & Concept Design
Strategy
Recommendations
Programming
support
Program Report
Case Study Analysis
Conceptual Cost Estimate
Concept Design
Site Design
Exterior Rendering
Building Systems Overview
Massing Model
Statement of probable Costs
Schematic Design
TOTAL TIME:
ERA Economic Feasibility and Program Development
EADP
Program and Concept Facility Design
TOTAL PROPOSED FEE
August 1,2001
2 weeks
3-4 weeks
4 weeks
4-6 week
14-17 weeks
s35.000.00
Reso. #136-2001
DATED THIS 24’” DAY OF JULY ,2001
SPONSORED BY:
FINANCE COMMITTEE
Ald. Mark A. Slocomb
AM David J. Sanders
Ald. Nancy C. Salentine
This is to certify that this is a true and accurate copy of Resolution #136-2001 which was
adopted by the Common Council of the City of Muskego.
7IOljmb
CORRECTED
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #136-2001
APPROVAL OF AMENDMENT NO. 1 TO DEVELOPER'S AGREEMENT, LETTER OF
CREDIT, COST BREAKDOWN AND BUILDING SITE AND OPERATION PLAN
Dreamland Planned Development
WHEREAS, Amendment No. 1 to the Developer's Agreement, Letter of Credit, and Cost
Breakdown have been received for Dreamland Planned Development in connection with the
certified survey map which proposes the development of four lots on Moorland and Janesville
Roads; and
WHEREAS, The Finance Committee has reviewed the documentation and has recommended
approvalmand,
WHEREAS, The Plan Cornmlssion approved amendments to the Dreamland Planned
Development District, and a Buildinq Site and Operation Plan for Kohls Department Store, by
Resolution #PC 080-2001, and Resolution #PC 098-2001, and
WHEREAS, The Plan Commission approved amendments to the Buildinq Slte and Operation
for Jewel-Osco, by Resolution #PC 081-2001
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego,
to the Developer's Agreement, Letter of Credit and Cost Breakdown subject to approval of the
upon the recommendation of the Finance Committee, does hereby approve Amendment No. 1
City Attorney and City Engineer, all of said approvals to be obtained within thirty (30) days of
the date of approval of this Resolution or the same will be null and void.
BE IT FURTHER RESOLVED, That the Common Council of the City of Muskeqo, upon the
recommendation of the Plan Commission, does hereby approve the amendments to the
Buildinq Site and Operation Plans for the Dreamland Planned Development District, Kohls
Department Store, and Jewel-Osco, subiect to the conditions outlined in Resolutions #PC 080-
2001, #PC 081-2001, and #PC 098-2001, as amended, beinq met.
BE IT FURTHER RESOLVED That this approval is subject to passage of Resolution #135-2001
and passage and publication of Ordinance #1074.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are hereby authorized to
sign the necessary documents in the name of the City.
DATED THIS - DAY OF ,2001
SPONSORED BY:
FINANCE COMMITTEE
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 #136-2001 which was
adopted by the Common Council of the City of Muskego.
7/01 jmb Clerk-Treasurer
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #136-2001
APPROVAL OF AMENDMENT NO. 1 TO
DEVELOPER’S AGREEMENT, LETTER OF CREDIT AND COST BREAKDOWN
Dreamland Planned Development
WHEREAS, Amendment
connection with the certif opment of four lots
on Moorland and Janesv
WHEREAS, The Financ
recommended approval.
NOW, THEREFORE, B
subject to approval of Engineer, all of said approvals to be
obtained within thirty (30) days
will be null and void.
pproval is subject to passage of Resolution
#135-2001 and pass of Ordinance #1074.
BE IT FURTHE
authorized to si
SPONSORED BY:
FINANCE COMMITTEE
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 #136-2001 which
was adopted by the Common Council of the City of Muskego.
7/01 jmb Clerk-Treasurer