COMMITTEE OF THE WHOLE Packet - 3/25/2014
CITY OF MUSKEGO
COMMITTEE OF THE WHOLE AGENDA
March 25, 2014
6:30 PM
City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
STATEMENT OF PUBLICE NOTICE
APPROVAL OF AGENDA
APPROVAL OF MINUTES - February 11, 2014
NEW BUSINESS
1. Discuss Park Arthur West Project
2. Discuss Horn Park Building
3. Long-Term Capital Improvement Plan
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
ADJOURNMENT
Possible reconvening of the Committee of the Whole immediately following Common Council
Meeting of the same date to continue work on agenda items
NOTICE
IT IS POSSIBLE THAT MEMBERS OF AND POSSIBLY A QUORUM OF MEMBERS OF OTHER GOVERNMENTAL BODIES OF
THE MUNICIPALITY MAY BE IN ATTENDANCE AT THE ABOVE-STATED MEETING TO GATHER INFORMATION; NO ACTION
WILL BE TAKEN BY ANY GOVERNMENTAL BODY AT THE ABOVE-STATED MEETING OTHER THAN THE GOVERNMENTAL
BODY SPECIFICALLY REFERRED TO ABOVE IN THIS NOTICE.
ALSO, UPON REASONABLE NOTICE, EFFORTS WILL BE MADE TO ACCOMMODATE THE NEEDS OF DISABLED
INDIVIDUALS THROUGH APPROPRIATE AIDS AND SERVICES. FOR ADDITIONAL INFORMATION OR TO REQUEST THIS
SERVICE, MUSKEGO CITY HALL, (262) 679-4100.
Unapproved
CITY OF MUSKEGO
COMMITTEE OF THE WHOLE MINUTES
February 11, 2014
6:35 PM
City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
Mayor Chiaverotti called the meeting to order at 6:45 pm.
PLEDGE OF ALLEGIANCE
ROLL CALL
Present: Mayor Chiaverotti, Aldermen Wolfe, Hammel, Borgman, Soltysiak, Kubacki, Madden
and Finance & Administration Director Mueller.
STATEMENT OF PUBLICE NOTICE
Director Mueller stated that the meeting was noticed in accordance with the Open Meeting
Law.
APPROVAL OF AGENDA
APPROVAL OF MINUTES - January 28, 2014
Alderman Soltysiak made a motion to approve the minutes of January 28, 2014,
Alderman Hammel seconded.
Motion Passed 6 in favor.
NEW BUSINESS
Long Term Capital Improvement Plan
Mayor Chiaverotti briefly recapped the capital budget process and noted the projected Landfill
Fund balance through 2015. The capital requests through 2015 show that the landfill would not
be able to cover all of them and resulted in a deficit of $1.8M. Adding this discussion might be
a bit premature.
Some discussion pursued regarding whether there would be support for some of the capital
projects on the list. Mayor reminded this is not a budget meeting and the Council that will be in
place during the budget process will make that determination.
Discussion as to whether saving funds for parks maintenance would be appropriate. Mayor
reminded that landfill funds cannot be used for maintenance per the agreement. Alderman
Borgman wondered if the contract could be re-opened and negotiated. Alderman Madden
warned about opening the contract. Mayor noted this would be problematic in that the City
could lose the significant funding that is part of the agreement and if this is a desired
conversation the City attorney will need to be present. Alderman Madden pointed out that the
landfill is looking at another expansion and there could be expansion well into the future. It is
not known when the landfill will actually be closed noting it could be at least 30 years. The
Mayor noted that financial advisors recommend weaning the City off the use of landfill funds
when we are 10 years from the landfill closing. The recommendation is that each year less of
the annual funds would be used with some being reserved for the future. Aldermen Soltysiak
suggested using annual road program funds for capital road projects on occasion as was done
with Tess Corners Drive. The Mayor noted that state transportation fund is shrinking and
transportation aid will likely be reduced. Also, the public works director made it clear that the
use of annual road program funds for Tess Corners Drive was a one-time funding source and
should not be used for such purposes on a continual basis since other road project
maintenance would fall behind.
Alderman Soltysiak noted the State could close down the landfill at any time making no funds
available which is why he supports putting something away now for future parks capital
maintenance. After much discussion there was a general consensus to consider saving
something for the future of parks capital replacement. Alderman Kubacki asked for
suggestions on how much. Taking the approach of asking the Parks & Rec Director/Parks
Board to provide a snapshot of future costs in this area and work from there was suggested.
General consensus recommended this approach. Mayor suggested funds could also be
reserved for facility needs or vehicle replacements. She also noted her appreciation for their
passion for parks but pointed out that a future Council may be faced with different passions or
pressures in the future and can change this policy at any time. It might not be realistic to think
this fund will remain in place for 30 plus years.
Discuss Policy Regarding Attendance by Aldermen at Meetings - Ald. Soltysiak
Discussion ensued about the importance of Aldermen's attendance at all meetings. Mayor
Chiaverotti emphasized the current policy of the need to notify the Mayor and Clerk's office if
unable to attend the Finance, Committee of the Whole or Common Council meetings. For all
other Committee meetings the Committee Chairman and Department Head should be notified.
Ald. Soltysiak suggested that when a member is going to be absent and requests a deferral on
an agenda item that it be up to the Council to decide whether or not to defer. Mayor Chiaverotti
noted the deferred agenda item as sighted, fireworks, was deferred at the request of the
Alderman that originally placed it on the agenda, Rob Glazier. He felt a sense of responsibility
to speak on the item and was unable to make the meeting due to personal reasons. This was
also to avoid inconveniencing the residents of coming to a meeting just to hear the item get
differed by the Council members. Alderman Kubacki asked how to proceed moving forward.
The Mayor reminded everyone of the notif ication process for Aldermen missing meetings
which involves the Alderman notifying the committee chairman and staff member responsible
to the committee to ensure a quorum.
District 4 Aldermanic Vacancy
Director Mueller handed out two time lines for the selection process with two different dates. It
was agreed to go with the earlier date of March 25.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
ADJOURNMENT
Possible reconvening of the Committee of the Whole immediately following Common Council
Meeting of the same date to continue work on agenda items
Alderman Soltysiak made a motion to adjourn. Alderman Kubacki seconded.
Motion Passed 6 in favor.
March 17, 2014
To: Common Council
From: Craig Anderson, Parks & Recreation Director
Re: GRAEF Proposal for Civil Engineering Services for Park Arthur WEST
The Parks & Recreation Board (P&RB) unanimously recommended for approval the attached
Park Arthur West proposal for civil engineering services from GRAEF.
On March 10, P&RB discussions included the recent happenings with recreation facilities (Horn)
and the budgeted/approved Park Arthur project. After deliberation, it was decided to recommend
keeping Park Arthur on the development tract by having GRAEF continue to work on the
planning phase while further discussions occur regarding current/future recreation facility needs.
The 2014 budget for Park Arthur West – Phase I is $714,000. The total cost for this civil
engineering services proposal from GRAEF is $68,500 and per the city purchasing policy
requires this expense to be approved by the Common Council. This plan will ultimately put
together the necessary construction documents and provide to us a construction estimate for the
work to be performed. Once the planning and estimates are done, bidding could occur. The
Common Council would then need to approve the contracts for this construction phase to begin.
Before the bidding time would occur, it would be our hope that both the P&RB and Common
Council will have their facility (including recreation) discussions. Also, after meeting with the
Park Arthur West stakeholders, they would like to see this project keep moving forward.
On a side note, the Park Arthur West engineering services plan, if approved, and the subsequent
deliverables will be good for as long as the park needs do not change.
Thank you for your consideration.
PARKS AND RECREATION DEPARTMENT
W182 S8200 Racine Avenue PO Box 749
Muskego WI 53150-0749
Office (262) 679-4108 Fax (262) 679-5637
One Honey Creek Corporate Center
125 South 84th Street, Suite 401
Milwaukee, WI 53214-1470
414 / 259 1500
414 / 259 0037 fax
www.graef-usa.com
March 14, 2014
Mr. Craig Anderson
Parks and Recreation Director
City of Muskego
W182 S8200 Racine Avenue, PO Box 749
Muskego, WI 53150
SUBJECT: Park Arthur West Project
Proposal for Civil Engineering Services
Dear Mr. Anderson:
Graef-USA, Inc. (GRAEF) is pleased to provide the City of Muskego (CLIENT) with this
proposal for professional services for the development of the Park Arthur West Project
(PROJECT) in the City of Muskego, Wisconsin. This proposal is subject to GRAEF’s
Standard Terms and Conditions, a copy of which is attached and incorporated by
reference. An executed copy of this proposal will become our AGREEMENT.
It is our understanding that the nature of the Project is to prepare a Schematic Design
Plan for the 19 acres on the west portion of Park Arthur and Construction Documents for
the two phased construction of the project to ultimately include natural turf athletic fields,
picnic areas, a parking lot, walking paths, and equestrian trails. Phase I Construction
Documents will include the design of the park infrastructure within the 2014 budget
allowance for construction beginning in summer of 2014. Phase II Construction
Documents will include the remaining design for future construction. Each of these
phases is further outlined in the Basic Services listing below.
For this PROJECT, GRAEF proposes to provide the following Basic Services:
Schematic Design
Participate in a project kick-off meeting with the City.
Review and analyze the topographic survey and wetland delineation.
Coordinate the services of a qualified geotechnical engineer for subsurface
investigation to evaluate and provide recommendations for pavement, utility, and
storm water infiltration design. The cost of the geotechnical sub-consultant is
included in our fee.
Identify City, County, and State approvals and permits, and steps necessary to
obtain those approvals.
Evaluate capacity of existing public utilities relative to existing and proposed
facilities.
Evaluate the existing concept site plan for the project based on the information
obtained during the above investigations. Revise the master plan accordingly to
accommodate the project program based on site limitations and other constraints
identified in the site evaluation.
Mr. Craig Anderson
0000-5010.00 -2- March 14, 2014
Prepare a Schematic Layout Plan based on the topographic survey which
incorporates the following components:
o One full size soccer field
o One full size youth football field
o Four youth soccer fields
o Parking Lot and roadway connection to existing entrance drive off Martin
Drive
o Equestrian Trails
o Walking Paths
Prepare a Schematic Grading and Drainage Plan showing general grading and
drainage patterns.
Prepare a Schematic Utility Plan showing proposed layouts and connections for
future shelter building services.
Develop preliminary storm water management concepts.
Prepare an alternatives analysis for storm water best management practices
options for the project.
Prepare a preliminary opinion of probable costs.
Develop and present a project permit schedule.
Participate in two (2) design meetings with the City staff to obtain feedback and
comments.
Finalize the Schematic Design Plan for preferred alternative for the Construction
Documents.
Phase I Construction Documents and Bidding
Phase I Construction Documents will include the design for the City’s 2014 budget
allowance, likely to include grading, seeding, parking lot subbase, and sanitary sewer
boring for construction beginning in summer of 2014.
Prepare construction documents to generally include the following sheets:
o Overall Site Plan
o Site Demolition and Erosion Control Plan
o Site Layout Plans
o Site Grading Plans
o Site Utilities Plan
o Site and Erosion Control Details
o Site Restoration Plan
Prepare technical specifications and front end sections for inclusion in a project
manual.
Submit plans and specifications at 50%, 75%, and 95% completion for review by
the City of Muskego.
Meet with the City to go over review comments and revise plans accordingly.
Prepare earthwork calculations for the site to estimate material quantities for
opinion of cost.
Mr. Craig Anderson
0000-5010.00 -3- March 14, 2014
Finalize storm water management plans for approval.
Prepare calculations, as necessary, for submittal to review agencies for approval.
Prepare an opinion of probable costs.
Prepare Water Resources Application for Public Projects (WRAPP) for discharge
of storm water during construction, for submittal to WDNR.
Prepare Exterior Plumbing Plan Review for Wisconsin Department of Safety and
Professional Services (DSPS), if needed.
Assist the City in the bidding process by providing the following services:
o Arrange and run a pre-bid meeting to explain the PROJECT to potential
bidders.
o Facilitate the distribution of construction documents to potential bidders.
o Respond to all contractor inquiries.
o Prepare all necessary addenda.
o Review bids received.
o Prepare bid tabulation for use by CLIENT in selecting a contractor for the
PROJECT.
Participate in four (4) total design meetings with the City staff to obtain feedback
and comments.
Phase II Construction Documents
Phase II Construction Documents will include the remaining design for parking lot
pavement, walking paths and equestrian trails, a stream crossing structure, and
modifications to the existing parking lot entrance off Martin Drive. It is our understanding
that the Phase II portion of the project will be bid and constructed at a future date.
Prepare construction documents to generally include the following sheets:
o Overall Site Plan
o Site Demolition and Erosion Control Plan
o Site Layout Plans
o Site Grading and Paving Plans
o Site Utilities Plan
o Site and Erosion Control Details
Prepare technical specifications and front end sections for inclusion in a project
manual.
Submit plans and specifications at 75% and 95% completion for review by the
City of Muskego.
Meet with the City to go over review comments and revise plans accordingly.
Prepare a detailed opinion of probable costs.
Prepare Chapter 30 Water Ways General Permit Application for culvert crossing
over stream/drainage way and grading, for submittal to WDNR.
Mr. Craig Anderson
0000-5010.00 -4- March 14, 2014
o As of the date of this proposal, the U.S. Corps of Army Engineers has not
reviewed the wetland delineation report or provided concurrence and the
WDNR has not completed an Ordinary High Water Mark (OHWM)
Determination or a Navigability Determination for the water feature at the
project site where a proposed stream crossing would be located.
Therefore, this proposal is based on the findings discussed in our
November 2013 wetland delineation report.
o If the regulatory agencies determine the water feature to be a wetland, a
permit for impacting wetlands would be needed and would require
alternative analysis to impacting the wetland. If practicable alternatives
exist, it may not be possible to place a culvert in the proposed location.
o Preparation of Permit Application including site maps and photographs.
o Coordination with regulatory agency not to exceed three hours.
GRAEF will endeavor to perform the proposed Basic Services per the following
schedule:
Schematic Design (April 1, 2014 – April 25, 2014)
Construction Documents (April 28, 2014 – June 9, 2014)
Chapter 30 Permitting (April 28, 2014 – June 16, 2014), as USACE and WDNR
concurrence and determinations have not been received to date, we are
assuming that the Chapter 30 permit process may require the grading and
stream crossing work to be bid in the Phase II portion of the project.
Bidding (June 26, 2014 – July 10, 2014)
Phase I Construction (July 28, 2014 to October 2014)
For this PROJECT, it is our understanding that the CLIENT will provide the following
services, items and/or information:
Right of access permission to the property.
Permit review and application fees.
For these Basic Services, GRAEF estimates a lump sum cost as follows:
Schematic Design Phase $12,650
Phase I Construction Documents and Bidding $31,000
Phase II Construction Documents $20,350
Geotechnical Subconsultant Services $ 4,500
Total Fee up to: $68,500
Mr. Craig Anderson
0000-5010.00 -5- March 14, 2014
For this PROJECT, GRAEF can provide the following Additional Services for Additional
Compensation as detailed below:
Color renderings of the park plan
Attendance or presentations at public meetings
Additional meetings
Landscape architecture design
Site Lighting and Photometrics Plans and Details
Electrical engineering design for power supply and lighting requirements of field
lighting, scoreboard, security systems, future concessions shelter, irrigation well
and pumping equipment.
Prepare supply well performance specifications for site water needs.
Irrigation Design and Details
Design for irrigation well
Design of pump house building constructed of block, brick, wood, or other
materials.
Design of off-site or public roadway and utility improvements.
Construction Administration
Preparation of wetland & waterway impact application packets for unavoidable
impacts to wetlands or waterways.
Construction staking and layout services
Full time construction inspection services
For Additional Services GRAEF will provide a proposal upon request from CLIENT prior
to initiating any Additional Services.
Mr. Craig Anderson
0000-5010.00 -6- March 14, 2014
To accept this proposal, please sign and date this proposal and return a copy to us.
Upon receipt of an executed copy, GRAEF will commence work on the Project.
Graef-USA Inc. looks forward to providing services to the City of Muskego.
Sincerely,
Graef-USA Inc. Accepted by: City of Muskego
__________________________
Michael N. Paulos, P.E. (Signature)
Principal
__________________________
(Name Printed)
__________________________
Brent T. Pitcher, P.E. (Title)
Vice President
Date:______________________
Enclosure
G:\Mil\Mkt\Proposals\Proposals\MUN\Muskego, City of_ Park Arthur (West)\ParkArthurWest_Civil-scope_031414.docx
Revised 01-27-09 Page 1 of 2 Job Number
Graef-USA Inc.’s STANDARD TERMS AND CONDITIONS
These Standard Terms and Conditions are material terms of the Professional Services Agreement proposed on March 14, 2014
(Agreement) by and between Graef-USA Inc. (GRAEF) and the City of Muskego (Client).
Standard of Care: GRAEF shall exercise ordinary professional
care in performing all services under this Agreement, without
warranty or guarantee, expressed or implied.
Client Responsibilities: Client shall at all times procure and
maintain financing adequate to timely pay for all costs of the
PROJECT as incurred; shall timely furnish and provide those
services, items and/or information defined in Agreement, as
amended, and shall reasonably communicate with and reasonably
cooperate with GRAEF in its performance of this Agreement.
GRAEF shall be entitled to rely on the accuracy and completeness
of any services, items and/or information furnished by Client.
These terms are of the essence. Client shall indemnify, defend
and hold GRAEF, its present or former officers, employees and
subconsultant(s), fully harmless from any liability or loss, cost or
expense (including attorney’s fees and other claims expenses) in
any way arising from or in connection with errors, omissions or
deficiencies in the services, items and/or information Client is
obliged to furnish in respect of this Agreement.
Limitation of Liability: Client and GRAEF agree that
GRAEF's liability for any direct, indirect, incidental or
consequential economic losses or damages arising under or in
connection with this agreement (including any attorney's fees
or claims expenses) shall be limited to the sum of one hundred
thousand dollars ($100,000.00).
Additional Services: Client may request or it may become
necessary for GRAEF or its subconsultant(s) to perform
Additional Services in respect of this Agreement. Client shall pay
for such Additional Services above and beyond charges for Basic
Services set forth in this Agreement. GRAEF will notify Client in
advance of GRAEF's intention to render Additional Services.
Client's failure to instruct GRAEF not to perform the proposed
Additional Service shall constitute Client's acceptance of such
Additional Service and agreement to pay for such Additional
Service in accordance with the Invoicing & Payment terms of this
Agreement.
Collection Costs: Client shall pay all collection costs GRAEF
incurs in order to collect amounts due from Client under this
Agreement. Collection costs shall include, without limitation,
reasonable attorney's fees and expenses, collection agency fees
and expenses, court fees, collection bonds and reasonable GRAEF
staff costs at standard billing rates for GRAEF's time spent in
efforts to collect. Client's obligation to pay GRAEF's collection
costs shall survive the term of this Agreement or the earlier
termination by either party.
Invoicing & Payment: GRAEF may issue invoices for services
rendered and expenses incurred at such times and with such
frequency as GRAEF deems necessary or appropriate in
GRAEF’s discretion. All invoices are due and payable upon
receipt and shall be considered past due if not paid within thirty
(30) calendar days of the due date. Prompt and full payment of
all periodic invoices or other billings issued by GRAEF
pursuant to this Agreement is of the essence of this
Agreement. In the event that Client fails to promptly and fully
pay any invoice as and when due, then, and in addition to any
other remedies allowed by law, GRAEF, may, in its sole
discretion, suspend performance of all services under this
Agreement upon seven (7) calendar days' written notice to Client,
and immediately invoice Client for all unbilled work-in-progress
rendered and other expenses incurred. Upon GRAEF’s receipt of
full payment, in good funds and without offset, of all sums
invoiced in connection with any such declaration of suspension,
GRAEF shall resume services, provided that the time schedule
and compensation under this Agreement shall be equitably
adjusted in a manner acceptable to GRAEF to compensate
GRAEF for the period of suspension plus any other reasonable
and necessary time and expenses GRAEF suffers or incurs to
resume services. No failure by GRAEF to exercise its right to
suspend work and accelerate sums due shall in any way waive or
abridge Client’s obligations to GRAEF or GRAEF’s rights to later
suspend work and accelerate terms. Client agrees GRAEF shall
incur no liability whatsoever to Client, or to any other person, for
any loss, cost or expense arising from any such suspension by
GRAEF, either directly or indirectly. In addition, simple interest
shall accrue at the lower of 1.5% per month (18% per annum), or
the maximum interest rate allowable by law, on any invoiced
amounts remaining unpaid for more than 60 days from the date of
the invoice. Payments made shall be allocated as follows: (1) first
to unpaid collection costs; (2) second to unpaid accrued interest;
and (3) last to unpaid principal of the oldest invoice.
Latent Conditions: Client acknowledges that subsurface or latent
physical conditions at the site that differ materially from those
indicated in the project documents, or unknown or unusual
conditions that materially differ from those ordinarily encountered
may exist. If such latent conditions require a change in the design
or the construction phase services, GRAEF shall be entitled to a
reasonable extension of time to evaluate such change(s) and their
impact on the project and to prepare such additional design
documents as may be necessary to address or respond to such
latent conditions. Client shall pay GRAEF for all services
rendered and reimbursable expenses incurred by GRAEF and its
subconsultant(s), if any, to address, respond to or repair such
latent conditions. Such services by GRAEF or its
subconsultant(s) shall constitute Additional Services.
Revised 01-27-09 Page 2 of 2 Job Number
Graef-USA Inc.’s STANDARD TERMS AND CONDITIONS (continued)
Insurance: GRAEF shall procure and maintain liability insurance
policies, including professional liability, commercial general
liability, automobile liability, and workers' compensation
insurance for the duration of this Agreement and shall, upon
request, produce certificates evidencing the maintenance of such
coverages. Should Client desire additional insurance, GRAEF
shall endeavor reasonably to procure and maintain such additional
insurance, but Client shall reimburse GRAEF for any additional
premiums or other related costs that GRAEF incurs.
Instruments of Service: All original documents prepared for
Client by GRAEF or GRAEF's independent professional
associate(s) and subconsultant(s) pursuant to this Agreement
(including calculations, computer files, drawings, specifications,
or reports) are Instruments of Professional Service in respect of
this Agreement. GRAEF shall retain an ownership and property
interest therein whether or not the services that are the subject of
this Agreement are completed. Unless otherwise confirmed by
written Addenda to this Agreement, signed by duly authorized
representatives of both Client and GRAEF, no Instrument of
Professional Service in respect of this Agreement constitutes, or is
intended to document or depict any "as-built" conditions of the
completed Work. Client may make and retain copies for
information and reference in connection with the use and
occupancy of the completed project by Client and others;
however, such documents are not intended or represented to be
suitable for reuse by Client or others on extensions of the project,
or otherwise. Any reuse without GRAEF's written consent shall
be at Client's sole risk and responsibility, and without any liability
to GRAEF, or to GRAEF's independent professional associate(s)
and subconsultant(s). Further, Client shall indemnify, defend and
hold GRAEF and GRAEF's independent professional associate(s)
and subconsultant(s), fully harmless from all liability or loss, cost
or expense (including attorney’s fees and other claims expenses)
in any way arising from or in connection with such unauthorized
reuse.
Contractor Submittals: The scope of any review or other action
taken by GRAEF or its subconsultant(s) in respect of any
contractor submittal, such as shop drawings, shall be for the
limited purpose of determining if the submission generally
conforms with the overall intent of the design of the work that is
the subject of this Agreement, but not for purposes of determining
accuracy, completeness or other details such as dimensioning or
quantities, or for substantiating instructions or performance of
equipment or systems. GRAEF shall not be liable or responsible
for any error, omission, defect or deficiency in any contractor
submittal.
Pricing Estimates: Neither GRAEF nor Client has any control
over the costs of labor, materials or equipment, over contractors'
methods of determining bid prices, or over competitive bidding,
market or negotiation conditions. Accordingly, GRAEF cannot
and does not warrant or represent that bids or negotiated prices
will not vary from any projected or established budgetary
constraints.
Construction Observation: Unless expressly stated in this
Agreement, GRAEF shall have no responsibility for Construction
Observation. If Construction Observation services are performed,
GRAEF's visits to the construction site shall be for the purpose of
becoming generally familiar with the progress and quality of the
construction, and to determine if the construction is being
performed in general accordance with the plans and
specifications. GRAEF shall have no obligation to "inspect" the
work of any contractor or subcontractor and shall have no control
or right of control over and shall not be responsible for any
construction means, methods, techniques, sequences, equipment
or procedures (including, but not limited to, any erection
procedures, temporary bracing or temporary conditions), or for
safety precautions and programs in connection with the
construction. Also, GRAEF shall have no obligation for any
defects or deficiencies or other acts or omissions of any
contractor(s) or subcontractor(s) or material supplier(s), or for the
failure of any of them to carry out the construction in accordance
with the contract documents, including the plans and
specifications. GRAEF is not authorized to stop the construction
or to take any other action relating to jobsite safety, which are
solely the contractor’s rights and responsibilities.
Dispute Resolution: GRAEF and Client shall endeavor to
resolve all disputes first through direct negotiations between the
parties' informed and authorized representatives, then through
mediation. If mediation fails to fully resolve all disputes within
120 calendar days of the first written request for mediation, either
party may pursue any remedy it deems appropriate to the
circumstances.
No Assignment: This Agreement is not subject to assignment,
transfer or hypothecation without the written consent of both
parties expressly acknowledging such assignment, transfer or
hypothecation.
Governing Law: This Agreement, as amended, and any disputes
or controversies arising in connection with this Agreement shall
be governed and resolved by the laws of the State of Wisconsin,
without regard to said state's choice of law rules.
Severance of Clauses: In the event that any term, provision or
condition of this Agreement is void or otherwise unenforceable
under the law governing this Agreement, then such terms shall be
stricken and the balance of this Agreement shall be interpreted
and enforced as if such stricken terms never existed.
Integrated Agreement: The parties’ final and entire agreement is
expressed in the attached proposal letter and these Standard
Terms and Conditions. All prior oral agreements or discussions,
proposals and/or negotiations between the parties are merged into
and superceded by this Agreement. No term of the parties’
Agreement may be orally modified, amended or superceded.