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.
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--
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SHEET NUMBER
GRAPHIC SCALE
Feet
0 100 200
Milwaukee Area (262) 432-7910
Hearing Impaired TDD (800) 542-2289
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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 (**).