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Park & Rec Board Packet - 1/12/2015 CITY OF MUSKEGO JOINT MEETING - PARKS AND RECREATION BOARD AND CONSERVATION COMMISSION AGENDA January 12, 2015 5:30 PM City Hall, W182 S8200 Racine Avenue CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL STATEMENT OF PUBLIC NOTICE APPROVAL OF MINUTES 1. Approval of the Parks and Recreation Board Minutes from October 13, 2014 and October 20, 2014. 2. Approval of the Conservation Commission Minutes from September 17, 2014. NEW BUSINESS #1 1. Discussion on future of Parks and Recreation Board and Conservation Commission. (Conservation Commission members excused after concluding this item.) NEW BUSINESS #2 1. Approval of Planning/Engineering Services to begin design of Neighborhood Park in SE Muskego. 2. 2015 Baseball/Softball Field Request. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Announcements only. No discussion or action will be taken. ADJOURNMENT 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. City of Muskego PARKS & RECREATION BOARD Monday, October 13, 2014 Subject to Approval Board President Whipple called the monthly meeting of the Parks and Recreation Board (Board), City of Muskego, to order at 5:30 p.m. PLEDGE OF ALLEGIANCE Those present recited the Pledge of Allegiance. The meeting notice was posted in accordance with the Open Meeting Law on October 8, 2014. Present: Ald. Borgman, Mr. Jerald Hulbert, Mrs. Kelly Koble, Mr. “Butch LeDoux, Mr. Paul Peardon, Mr. Toby Whipple and Director Anderson. GUEST: Ald. Kubacki, Ald. Madden, Ald. Engelhardt, Rick Nelson, Jim Prusinski, Harvey Schweitzer, Jackie Schweitzer, Atty Korom, Mayor Chiaverotti, Towne Realty Representatives, et. al. APPROVAL OF MINUTES: September 8 Minutes Mr LeDoux moved to approve the minutes of the September 8 meeting, seconded by Ald. Borgman. Director Anderson noted a correction to be made under Director Reports, it should be 2015 Capital Budget, not 2010. Upon a voice vote, the motion to approve as corrected carried. Communications: 2014 Water Bugs Review Rick Nelson, President of the Water Bugs Ski Team, Inc. was present. Director Anderson reviewed the summary of compliance checks for the 2014 season. In regard to the flashing yellow light, he felt the officers thought the light should be flashing when it’s in use; however, it’s only when in storage that it should be flashing. There were no reports on the volume of the public address system during this season. Veterans Memorial Park Vandalism Director Anderson reported that on September 20, staff noticed the men’s urinal water feed bent and leaking. It has since been fixed. Moorland Park Vandalism On September 29, between 11:30 a.m.-12:00 p.m. Moorland Park skate equipment was vandalized by graffiti. The police were notified and able to view the tape. Pictures were taken as shared in the Board packet. The graffiti was removed the next morning. Old Town Hall Waiver of Fees The Chamber has requested the usage fees be waived for the Old Town Hall for their event on November 22. Director Anderson stated the usage fees have been waived in the past, but not the cleaning fee. Mr. Hulbert mentioned th at they would be using the lower level so that, too, would need to be cleaned after the Country Christmas event. Mr. Hulbert moved to waive the usage fees for the Old Town Hall. Mrs. Koble seconded. Upon a voice vote, the motion carried. Minutes, Parks & Recreation Board, October 13, 2014, page 2 UNFINISHED BUSINESS: Boxhorn Warehouse Director Anderson said he and David Simpson have been working with the current owner as well as the potential new owners. Right now they have made requests to the city of what they want and different options have been made availab le to them. It has been communicated with both parties. Once they decide, it will then move on to the Finance Committee and the Common Council for their review. If it is sold, then the city’s equipment will have to be moved. . NEW BUSINESS: Freedom Square Parking Lot Sign Board members reviewed the mock-up of the sign for Freedom Square. They added the word usage to the portion of the sign; i.e. Park Usage Hours: 5:00 A.M.-10:00 P.M. The sign will either be posted on the fence or a pole. This would enable the police to issue citations. Mr. Hyde moved to approve the signage with the addition of the word usage. Ald. Borgman seconded. Upon a voice vote, the motion carried. Warriors Donation for Kurth Park Ball Field Improvements Jim Prusinski was present to address any questions or concerns the Board had on the Warriors’ proposal for improvements to Kurth Park ball field and with these improvements being done by the Warriors, an extension of their priority rights for us e of the field to 2021. Mr. Prusinski elaborated on the improvements that would be over seeding the infield arc, re-grade the infield and add baseball dirt mix and Turface to the infield. They had r eceived one quote of $8,250 for the project work and are seeking additional quotes. They are trying to bring up the field to the same level as the Muskego High School fields and Park Arthur fields. Director Anderson stated that the Warriors are looking to make a donation to the city of the full amount.in exchange for first priority of field usage to 2021. Mr. Hulbert moved to accept the proposal with their payment in full. Mr. Hyde seconded. Upon a voice vote, the motion carried. ALDERMAN’S REPORT: Ald. Borgman had nothing to add as all his items were on the agenda and under discussion. STATUS OF PROJECTS: Park Arthur Director Anderson reported that the light panel has been done. The panel of lights for 1, 2, and 3 are on a 10 -minute delay. The grading on the shelter’s east side, the developer is looking into talking to another excavato r and getting some topsoil to get the area to drain properly. There is work to do around the hydrant. All punch items for the building have been done. DIRECTOR’S REPORT: Winter/Spring Program Guide The guide will be going to the printer on November 5 and mailed out November 12. The department will be looking at some new programming for 2015, focusing on teens and seniors , providing a one-day painting class and fitness classes for all ages. Also, providing more co-ed leagues such as pickle ball, soccer, dodge ball, softball, kickball. The department will also work with school staff to see if they can provide art rooms, classrooms, etc. for programs. Gleanings Board members were in receipt of the September issue of the Gleanings. Customer Surveys Director Anderson reviewed the surveys from the customers. The response on the department’s service was positive. Park Surveys Director Anderson went over the surveys, sharing the comments, for Horn and Veterans Memorial Park and for the most Minutes, Parks & Recreation Board, October 13, 2014, page 3 part, they were positive. One of the ongoing issues was dogs in the park not being allowed, yet their presence was in the parks. OTHER BUSINESS Wildflower Farms Board members were in receipt of the Plan Commission packet regarding the Wildflower Farms subdivision. Director Anderson refreshed the Board on what had occurred a few years ago on usage of the conservation lands for a park. Representative of Towne Realty stated they are working with Ald. Madden for a park , dealing with wetland delineation and making the configuration along Priegel Drive a little wider for park space. Director Anderson said the Board was being asked to make a recommendation for the trail along Highway OO that would be along the frontage of the property; if there would be interest for a trail along Priegel to the entrance of where the parking lot would be, accepting park dedication fees. Towne Realty representative shared that they had received consideration of the fees when they had donated other land for conservation lands and the well house in the Big Muskego Lakes subdivision. Mr. Hulbert expressed that he would like to get a larger park area though he did recognize the residents wanting the trail. Towne Realty representative pointed out that since they do not own all the properties along OO, there would be segments of a trail and how did the city want to deal with those segment gaps. Back to the dedication and park fees, Mr. Hulbert inquired if the value would be pre-development or post-development for the fees. Towne Realty representative shared that when it came to the Big Muskego Lakes Estates, the city assessor had come up with a value on that water utility dedication. He felt that again the city’s assessor would com e up with a value. Then the discussion about working with the developer fo r grading and seeding of the park land because of economics of scale and paid from the park dedication monies. Discussion continued on the trail, park land and land dedication. Mr. Hulbert moved to accept the proposal of Wildflower Farms to put in the Highway OO trail and a connecting trail to the new park from Durham Drive along Priegel Drive and have land set aside for an area park. Ald. Borgman seconded. Mr. Hyde would like to see the plans on the trail before the development. Mr. Hyde mended the motion that the Finance Committee/Common Council see about connecting the segment gaps. Mr. Hulbert seconded. Upon a voice vote, the amendment carried. Upon a voice vote, the amended motion carried. Communications Parks and Recreation Department Structure Mayor Chiaverotti and Attorney Koram were present to explain the recent decision of the Common Council to transfer the care and maintenance of the parks under the Public Works department. Attorney Korom said a fair amount of parks maintenance is already done by the public works. The proposal is to do all the parks maintenance by public works. Some reasons given behind the proposal were they were looking at a savings of six figures; duplication of public works employee and parks employee; efficiency in buildings and work and equipment; centralization of leadership. Overall they believed the transition would be more efficient; a reduction in cost to the taxpayers. They did not believe there would be a loss of service to the community in terms of park service and quality. They said council voted this unanimously in closed session. Board members expressed their viewpoints on the matter throughout the meeting especially since it was done in closed session and the members of the Parks and Recreation Board were not included. Board members felt that at least Board President Toby Whipple should have been in on the discussion. Discussion and debate between the Mayor, Attorney Korom and the Board members included such issues as effect on youth programs, response time when there is a problem at the parks, priority Public Works will give to the parks, the quality of programs, the quality of customer service, Board’s role as steward for the parks, comparables with other cities, budgeting and projected cost savings, monitoring and taking care of buildings and grant writing. On the issue of staffing, DPW will be hiring three new employees. Two wi ll be dedicated to park issues and the third will be a mechanic seeing to the maintenance of the city’s vehicles. Current displaced staff would have the opportunity to apply for these positions. The DPW director would be overseeing all parks maintenance. The recreation department hasn’t changed. The city administration is counting on Craig to help out during that transition. The Mayor believed that he would help the transition of communications and getting details worked out. He is working with Wayne to get up to speed but once Wayne is up to speed, it would be DPW’s responsibility for parks, park maintenance and park issues. Director Anderson understood that any recreational pursuit within the parks would stay with recreation. Near the Minutes, Parks & Recreation Board, October 13, 2014, page 4 conclusion of the discussion, Board President Whipple recognized Mrs. Schweitzer’s desire to comment on the issue. As the former recreation director, she would like to see created within the DPWS a parks division and that there would be some level of responsibility. She agreed with Mr. Hulbert that when something comes up, you pull everybody for the project and the other projects slide. She, too, was disappointed that the Parks and Recreation Board weren’t involved in the closed session. COMMUNICATIONS & MISCELLANEOUS BUSINESS Next meeting date is November 10 ADJOURNMENT - There being no further business, Mr. Hulbert moved for adjournment at 7:46 p.m. Mr. Hyde seconded. Motion carried. Stella Dunahee, CPS Recording Secretary Pc: Board Members, Craig Anderson; email: Peter Theis, Tammy Dunn; posted: www.cityofmuskego.org . City of Muskego PARKS & RECREATION BOARD Monday, October 20, 2014 Subject to Approval Board President Whipple called the special meeting of the Parks and Recreation Board (Board), City of Muskego, to order at 4:37 p.m. PLEDGE OF ALLEGIANCE Those present recited the Pledge of Allegiance. The meeting notice was posted in accordance with the Open Meeting Law. Present: Ald. Borgman, Mr. Brett Hyde, Mr. Jerald Hulbert, Mr. “Butch LeDoux, Mr. Paul Peardon, Mr. Toby Whipple . Not Present: Mrs. Koble GUEST: Mayor Chiaverotti CLOSED SESSION: Ald. Borgman moved, Mr. Jerry Hulbert seconded, to go into closed session pursuant to Wisconsin Statutes Sections 19.85(1)(c)(f)and(g) to discuss the department structure and performance of specific employees in the Parks and Recreation Department in light of possible budgetary options in those areas. Action may be taken in closed session. The Board will then reconvene into open session to continue with agenda items. Motion carried. OPEN SESSION: Mr. Brett Hyde moved, Mr. Jerald Hulbert seconded, to reconvene into open session. Motion carried. No further action. ADJOURNMENT - There being no further business, Mr. Hulbert moved for adjournment at 5’50 p.m. Mr. Hyde seconded. Motion carried. Minutes submitted by Mayor Chiaverotti, typed by Stella Dunahee, CPS Pc: Board Members, Craig Anderson; email: Tammy Dunn; posted: www.cityofmuskego.org Unapproved CITY OF MUSKEGO CONSERVATION COMMISSION MINUTES September 17, 2014 7:00 PM City Hall , W182 S8200 Racine Avenue PLEDGE OF ALLEGIANCE Chairman Pilak called the meeting to order at 7:00 PM. Those present recited the Pledge of Allegiance. ROLL CALL Present: Committee Members: Len Pilak, Ald. Rob Wolfe, Sharon Roy, Howard Schneider, William Miller, Julie Holubowicz, and Barb Schroeder. Staff: Tom Zager and Jessica Quinlan. STATEMENT OF PUBLIC NOTICE The meeting was noticed in accordance with the open meeting laws. APPROVAL OF THE MINUTES OF JUNE 12, 2014. Alderman Wolfe made a motion to approve the minutes of June 12, 2014. Julie Holubowicz seconded. Motion Passed 7 in favor. PROJECT UPDATES Badertscher Preserve developments UNFINISHED BUSINESS Emerald Ash Borer update and management recommendations Proposed trails and trail uses at Badertscher Preserve and Ridges Site Proposed removal of dam structure on Jewel Creek Michelle Hase, DNR Representative, gave 3 options for the dam. The City could apply to the DNR to take ownership of the dam, a group of residents can form an association, and if they have the financial means to take care of the dam, can apply for ownership, or no one can take ownership and the DNR will declare it abandoned and will remove it. Ms. Hase explained seepage in dams may cause concrete failures underneath the surface. Sinkholes could form; which will become a liability issue. An engineer should be hired to determine if it is safe. Ben Heussner, DNR Representative, explained in this situation there is more benefit to the fish habitat if the dam were removed. Ron Ford expressed emotional connection of the dam to generations of Musekgo residents. Public access is used for recreation like swimming and fishing. The dam provides great fish habitat. Removing the dam will remove an opportunity for children to connect with nature. NEW BUSINESS Discuss the property modified Preliminary Plat of Wildflower Farms subdivision Mr. Zagar explained the subdivision preliminary plat for Wildflower Farms, originally approved in October 2007, dedicated land adjacent to city conservation land. The area is alos within the Big Muskego Lake State Wildlife Area project boundary. A redelineation of the wetland areas was recently required and is now found to be affecting the layout of the development and two lots were lost. Jim Doering, developer, was present and explained they have reconfigured the lots and picked up the lost lots in other areas, but will have an impact on the outlot to be dedicated to the city. Mr. Doering stated the goal is to maintain 51 lots. Council approval may be needed to allow smaller lots. Mr. Zagar added that with this proposal there are considerations of creating a park in this area and trails. Mr. Zagar added he would like to keep what was originally proposed, however, if there is some other benefit such as city park land, staff would recommend considering the reconfiguration of the new lots. Mr. Zagar questioned if the lots not affected by the wetland delineation could be reconfigured/shrunken to keep 51 lots without moving into the dedicated conservancy land. Len Pilak made a motion to recommend approval of a redesign/revision for smaller lots and retain the outlot as originally approved on the preliminary plat. William Miller seconded. Motion Passed 6 in favor 1 opposed. Barb Schroeder made a motion to recommend to Council that the Conservation Commission is receptive to a smaller dedication size if there are other benefits to the city. William Miller seconded. Motion Passed 7 in favor. Ald. Wolfe voted no. Discuss wetland restoration project on Big Muskego Lake State Wildlife Area Mr. Zagar noted that MMSD stormwater funds may be applied to this project. MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW ADJOURNMENT Len Pilak adjourned the meeting at 8:34 PM. Respectfully submitted, Kellie McMullen, Recording Secretary City of Muskego Parks & Recreation Board/Conservation Commission Supplement For the meeting of: January 12, 2015 DISCCUSSION: Discussion on future of Parks and Recreation Board/Conservation Commission PREPARED BY: Jeff Muenkel, AICP STAFF DISCUSSION As many of the Board members know the Parks and Recreation Department has undergone various changes in the approved 2015 budget. Many of the Parks related duties have been disseminated to other departments and there is now a “Recreation Department” that has been created as well. During this time the City staff overseeing the Parks and Recreation duties would like to have a discussion with both the Parks and Recreation Board and the Conservation Commission relating to combining the two boards for future efficiencies. We can share this information as well as discuss any questions or issues that might arise. All staff overseeing parks, recreation, and conservation will be in attendance as follows: Parks Planning: Jeff Muenkel, Community Development Director Parks Maintenance: David Simpson, Public Works Director Recreation Activities: Tammy Dunn, Recreation Manager Conservation Activities: Tom Zagar, City Forester/Conservation Coordinator Mayor Kathy Chiaverotti City of Muskego Parks & Recreation Board For the meeting of: January 12, 2015 REQUEST: Approval of Planning/Engineering Services to begin design of Neighborhood Park in SE Muskego PETITIONER: City of Muskego INTRODUCED: January 12, 2015 LAST AGENDA: N/A PREPARED BY: Jeff Muenkel, AICP BACKGROUND A Preliminary Plat has been approved by the City of Muskego for the Subdivision to be known as Astor Hills Estates. An outlot in the plat has a 13+ acre area reserved for a future neighborhood park which is desired in this area of the city as adopted in the City’s Parks and Conservation Plan. STAFF DISCUSSION Now that the Astor Hills Estates subdivision is on its way it is imperative that Muskego stays ahead of the planning for the future neighborhood park in this area. The developer has recently submitted construction plans for the subdivision with the anticipation to begin construction in early 2015. This being the case staff has sought a bid from Graef who has provided park design and construction services for the city in the past. Graef’s service contract is attached herein and shows a cost for services to be approximately $20,400 consisting of $15,900 as a base cost and a supplemental extra cost for geotechnical work (soil borings) to be an approximate additional $4,500. Please note that staff requested the geotechnical cost specifically this time in order to avoid any surprises like we had during the Park Arthur planning. The contract for services would provide the City of Muskego with the following:  Research and analysis leading to a schematic master plan  Coordinated meetings with the Board during the research and analysis process.  Geotechical Services (soil borings)  An opinion on a breakdown of probable costs Approving a contract for these services now works well with the scheduling track that the developer (Towne Realty) of the subdivision is on. Determining costs of future facilities and overall construction of the neighborhood park may allow us to negotiate that certain construction activities (initial grading, etc.) are accomplished by the developer in return for reduced dedication fees. At last discussion, with former Park’s Director Craig Anderson and the local Alderman Eileen Madden, the neighborhood park was to facilitate the following amenities: parking lot, playground, pavilion, open turf space large enough for open soccer and baseball play. Graef will use this initial list in their initial designing. STAFF RECOMMENDATION Approval of a recommendation to the to approve the contract for services as outlined by Graef in the approximate amount of $20,400. Said costs to be paid out of the City’s Park Dedication Fund. 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 5010.00 December 2, 2014 Jeff Muenkel, AICP EDFP Community Development Director City of Muskego W182 S8200 Racine Avenue Muskego, WI 53150-0749 SUBJECT: Preliminary Planning and Engineering Services for Astor Hill Estates Subdivision Park - Muskego, Wisconsin. Dear Jeff, GRAEF-USA, Inc. (GRAEF) is pleased to provide this proposal to the City of Muskego. This proposal is for preliminary professional planning and engineering services related to the development of a +/- 10 acre park that is being dedicated with the development of the Astor Hill Estates Subdivision (Project). 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 project involves the schematic master planning as well as the preliminary site layout/materials plan, preliminary grading plan, preliminary stormwater study and a preliminary estimate of probable construction costs associated with the project. The park is to be designed as a neighborhood park. For this PROJECT, GRAEF proposes to provide the following Basic Services: Schematic Master Planning  Attend a kickoff meeting to discuss the overall project and to determine program, costs and schedule.  Review local zoning code and ordinances as they pertain to the development of the project.  Prepare a project base map from available site surveys, site plan maps, aerial photos, engineering drawings, utility information, historic archives, photos, or other base site information.  We will review and determine the stormwater management requirements for the project and provided an initial estimate of the volume of stormwater needing to be stored and treated. We will also review the available existing soils information to determine if an under drain system will be required.  Prepare a rendered Schematic Master Plan based on the project program and the results of the stormwater management requirements.  Coordinate the services of a qualified geotechnical engineer for pavement, utility, and stormwater infiltration design.  Attend a review meeting to discuss Schematic Master Plan.  Revise the rendered Schematic Master Plan as directed and prepare the following: o Preliminary Site Layout and Materials Plan o Preliminary Grading Plan Mr. Jeff Muenkel -2- December 2, 2014 0000-5010.00 o Preliminary Landscape and Site Amenities Plan o Opinion of Probable Construction Costs.  Attend a review meeting to discuss revised Schematic Master Plan and Preliminary Documents. We are prepared to begin work on this project within two weeks of your notice to proceed and will work with you to develop a mutually agreed upon project schedule. For this PROJECT, it is our understanding the Client will provide the following services, items and/or information:  Access to the subject property for field investigation.  Reports, documents and information as noted above. For the Basic Services, the City of Muskego agrees to compensate GRAEF on a lump sum basis of $15,900, plus reimbursable expenses. Reimbursable expenses include express mail and delivery charges, plan reproduction, permit fees, geotechnical (soil borings) expenses and mileage. The geotechnical (soil borings) work is estimated to be approximately $4,500. Our design fees and reimbursable expenses will be billed on a monthly basis as work is completed. For this PROJECT, GRAEF can provide the following Additional Services for Additional Compensation as detailed below:  Environmental investigation services: Phase I or II Environmental Site Assessments and Asbestos and Hazardous Material Investigations.  Development of detailed engineering drawings and specifications, topographic survey, utility, grading, paving plans, construction staking, inspection, contract administration, etc.  Wetland delineations/permitting. To accept this proposal, please sign and an enclosed copy and return one to us. Upon receipt of an executed copy, GRAEF will commence work on the Project. Mr. Jeff Muenkel -3- December 2, 2014 0000-5010.00 Thank you for this opportunity and we look forward to working with you on this project. Should you have any questions regarding this proposal feel free to call us at 414.259.1500. Sincerely, GRAEF-USA Inc. Accepted by: City of Muskego ____________________________ Pat Kressin, PLA, LEED AP (Signature) Planning, Landscape Architecture and Urban Design Group Manager Principal ____________________________ (Name Printed) ____________________________ Michael N. Paulos, P.E., C.D.T., LEED AP (Title) Municipal Market Team Leader Principal Date: _______________________ PJK:pjk G:\Mil\Mkt\Proposals\Proposals\MUN\Muskego, City of_Astor Hill Estates Park\GRAEF Proposal - Astor Hill Estates Park - 2014-12-02.docx 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 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 December 2, 2014 (Agreement) by and between Graef-USA Inc. (GRAEF) and 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. WI L D F L O W E R F A R M S CI T Y O F M U S K E G O , W I S C O N S I N CO N C E P T S I T E L A Y O U T -- - SHEET NUMBER GRAPHIC SCALE Feet 0 100 200 Milwaukee Area (262) 432-7910 Hearing Impaired TDD (800) 542-2289 P: \ 3 1 4 0 2 4 2 \ D w g \ 3 1 4 0 2 4 2 H 0 . d w g , P l a n S h e e t 3 6 x 2 4 , 1 0 / 1 / 2 0 1 4 7 : 0 0 : 0 7 A M , d j m LEAGUE_________________ DIAMOND REQUEST FORM 2015 Diamond Monday Tuesday Wednesday Thursday Friday Saturday Sunday BAY LANE I Base Line 50/60 MAA Jr Softball MAA Sr. Softball MAA Jr Softball MAA PeeWee/ TBall MAA PeeWee / TBall BAY LANE II Base Line 50/60 Storm Girls U-10 BAY LANE III Base Line 50/60 BAY LANE IV Base Line 50/60 BLUHM I SE Base Line 60/65 MAA Int. Softball BLUHM II SW Base Line 60/65/70 BLUHM III NE Base Line 60/65/70 BLUHM IV NW Base Line 60/65 Rebels U-12 DENOON Base Line 60/70/80/90 Raiders U-12 MAA Sr. Baseball MAA Sr. Baseball **HORN FIELD (mound 60’6”) Base Line 90 Rebels U-14 Impact JENSEN Base Line 60/65 KURTH Base Line 50/60/70 Warriors U-8 Warriors U-10 Warriors U-12 Warriors U-9 Warriors U-11 MILL VALLEY I - Hillendale Base Line 60/65/80 MAA Jr. Baseball MAA Int. Baseball City Men’s League City Women’s League MAA Int. Baseball MILL VALLEY II - Middle Base Line 60/65/70/80 MILL VALLEY III - Lights Base Line 60/65/70/80 PARK ARTHUR #1 Base Line 70 MAA Int. Softball MAA Yth. Baseball MAA Jr. Baseball MAA Storm Baseball MAA Yth. Baseball PARK ARTHUR #2 Base Line 70 PARK ARTHUR #3 Base Line 70 PARK ARTHUR #4 (mound 60’6”) Base Line 90 Storm Boys 7th Warriors U-14 Storm Boys 8th Warriors U-13 Impact *MHS VARSITY (mound 60’6”) Base Line 90 *MHS JR VARSITY(mound 60’6”) Base Line 90 MHS VARSITY SOFTBALL #12 Base Line 60 Available June 15 MAA Sr. Softball Storm Girls U-12 MAA Sr. Softball MHS JV SOFTBALL #11 Base Line 60 Available June 15 Storm Girls U-14 MHS #13 Field Base Line 60/70 Available June 15 Storm Girls U-16 Storm Girls U-18 * Requests to department 30 days in advance of proposed use dates. Dugout gates will be open; please close/lock after use. Mick’s Landscaping is required for field maintenance (**).