COMMON COUNCIL Packet 12/8/2015
CITY OF MUSKEGO
COMMON COUNCIL AGENDA
December 8, 2015
7:00 PM
Muskego City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
STATEMENT OF PUBLIC NOTICE
COMMUNICATIONS FROM THE MAYOR'S OFFICE
Announcements
PUBLIC COMMENT
City Residents and Taxpayers Only – Speakers will be limited to making comments related to
all agenda items excluding closed session items relating to employment and labor issues.
Comments will be limited to three minutes per speaker per agenda item. There will be no
discussion by/with the Common Council during Public Comment.
CONSENT AGENDA
Items listed under consent agenda will be approved in one motion without discussion unless
any Council member requests that an item be removed for individual discussion. That item
then can be acted on separately at the same meeting under the part of the meeting it would
normally appear.
Approval of Operator Licenses
Approval of Common Council Minutes - November 24, 2015
Resolution #121-2015 - Appointment of Election Officials by Mayor of the City of
Muskego
Resolution #122-2015 - Approval of an Idle Industrial Sites Redevelopment Grant
Resolution #123-2015 - Approval of Solid Waste Services Contract for 2016-2020 with
Advanced Disposal Services for Refuse and Recycling Collection
Resolution #124-2015 - Resolution Authorizing the City's Withdrawal from the LGPIF
Resolution #125-2015 - Approval of Final Plat for Aster Hills Estates Subdivision
NEW BUSINESS
UNFINISHED BUSINESS
Ordinance #1403 - An Ordinance to Amend the Zoning Map and 2020 Comprehensive
Plan of the City of Muskego (St. Paul's Lutheran Church - I-1 to RS-2). Second Reading
Common Council Agenda 2
December 8, 2015
REVIEW OF COMMITTEE REPORTS
Finance Committee - November 10, 2015
Plan Commission - November 3, 2015
Parks & Conservation Committee - November 3, 2015
LICENSE APPROVAL
Approval of "Class B" Liquor/Beer License for Matty's Bar & Grille, Inc. to be located in
the Hospitality Suite at Lakepoint Church, S63 W13694 Janesville Road
VOUCHER APPROVAL
Utility Vouchers
General Fund Vouchers
Wire Transfers for Payroll/Invoice Transmittals
CITY OFFICIALS' REPORTS
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
City Calendar: http://www.cityofmuskego.org/Calendar.aspx
FUTURE AGENDA ITEMS
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, CONTACT MUSKEGO CITY HALL, (262) 679-4100.
OPERATOR LICENSE APPROVALS
COMMON COUNCIL – 12/08/2015
Hannah Hendricks
S/CityHall/Licenses/Oper Lic Approval Lists/2015.doc
Unapproved
CITY OF MUSKEGO
COMMON COUNCIL MINUTES
November 24, 2015
7:00 PM
Muskego City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
Mayor Chiaverotti called the meeting to order at 7:20 p.m.
ROLL CALL
Present: Aldermen W olfe, Hammel, Borgman, Kapusta, Engelhardt, Kubacki and Madden.
Also present: Deputy Clerk Blenski.
STATEMENT OF PUBLIC NOTICE
The Deputy Clerk stated that the meeting was noticed in accordance with the open meeting
law.
PUBLIC HEARING
To consider petition of St. Paul's Lutheran Church to rezone property from I-1 - Government,
Institutional and Public Service District to RS-2 - Suburban Residence District for the purpose
of allowing a land division to separate a home/lot from the main church property. The 2020
Comprehensive Plan also needs to be changed from Government and Institutional uses to
Medium Density Residential uses.
The Deputy Clerk read the public hearing notice. The Mayor stated St. Paul's is petitioning for
the rezoning to separate a residential parcel from the main church property. The property
would be returned to its original rezoning. She stated that the Community Development
Director Jeff Muenkel did not receive any concerns regarding the rezoning request.
Attorney Luke Huddock was present on behalf of St. Paul's Lutheran Church. The church
proposes to market the property in the future.
The Mayor declared the hearing closed.
CONSENT AGENDA
Alderman Kubacki made a motion to approve the items under Consent Agenda.
Alderman Borgman seconded. Motion passed 7 in favor.
The following items were approved:
Operator Licenses for Ryan Lovald and Brian Roberts
Common Council Minutes - November 10, 2015
Resolution #119-2015 - Approval of Letter of Credit Reduction for Belle Chasse Phase III
Resolution #120-2015 - Authorizing Resolution for DNR Wildlife Damage Abatement and
Control Grant Application
Common Council Minutes 2
November 24, 2015
REVIEW OF COMMITTEE REPORTS
Finance Committee - October 27, 2015
Public Works Committee - October 19, 2015
FIRST READING OF ORDINANCES AND POSSIBLE SECOND READING IF RULES
WAIVED
Ordinance #1403 - An Ordinance to Amend the Zoning Map and 2020 Comprehensive Plan of
the City of Muskego (St. Paul's Lutheran Church - I-1 to RS-2)
LICENSE APPROVAL
Approval of Temporary License to Sell Fermented Malt Beverages and Wine for St. Leonard
Home & School Association - December 5, 2015
Alderman Borgman made a motion to approve the license. Alderman Hammel
seconded.
Motion Passed 7 in favor.
VOUCHER APPROVAL
Utility Vouchers
Alderman Borgman made a motion to approve Utility Vouchers in the amount of
$37,730.19. Alderman Madden seconded.
Motion Passed 7 in favor.
General Fund Vouchers
Alderman Borgman made a motion to approve General Fund Vouchers in the amount
of $314,454.21. Alderman Madden seconded.
Motion Passed 7 in favor.
Wire Transfers for Debt Service
Alderman Borgman made a motion to approve Wire Transfers for Debt Service in the
amount of $27,418.75. Alderman Engelhardt seconded.
Motion Passed 7 in favor.
Wire Transfers for Payroll/Invoice Transmittals
Alderman Borgman made a motion to approve Wire Transfers for Payroll/Invoice
Transmittals in the amount of $413,059.89. Alderman Hammel seconded.
Motion Passed 7 in favor.
ADJOURNMENT
Alderman Kubacki made a motion to adjourn at 7:27 p.m. Alderman Madden
seconded; motion carried.
Minutes taken and transcribed by Jill Blenski, Deputy Clerk.
COMMON COUNCIL- CITY OF MUSKEGO
RESOLUTION #121-2015
APPOINTMENT OF ELECTION OFFICIALS BY MAYOR
OF THE CITY OF MUSKEGO
BE IT RESOLVED, I, Kathy Chiaverotti, Mayor of the City of Muskego, do hereby appoint to the
Common Council of said City, the following named persons to be election officials and/or special
voting deputies in the 16 election wards of said City:
JEAN ALBERS
RHETA BENNETT
BARBARA BERNSTEIN
PAUL BERNSTEIN
BARBARA BING
CAROL BOJAR
ROBERT BUECKERS
MANETTA BURGERMEISTER
GLORIA BUROW
SHIRLEY BYKOWSKI
DONNA CZERWONKA
JERRY DOMINSKI
BECKY DUBLINSKI
JANE DUROVY
CHERYL EHLKE
JOHN ENGELHARDT
SHIRLEY ENGELHARDT
BARBARANN ERDMANN
MARIJANE FLASCH
MONICA FRANSEN
GERALD GLANCEY
REBECCA GOODSEL
TIMOTHY HANSON
ROSALIE HANSTEDT
MATTHEW HEIN
SARA HELIEN
ANITA HERMANN
CHRISTINE HOFMEISTER
PATRICIA HULBERT
KRIS HUSS
SHARON JOHNSON
KATHY KACZYNSKI
BARB KARRAKER
GARY KELLY
BERNICE KING
JAMES KONKOL
FRED KORTH
JAMES LAMB
KATHY LAMPE
GEORGE LAST
KATHY LEMASTER
NANCY LOBE
CALVIN LONG
SALLY LUELL
PAUL MANSKE
JAMES MANTEY
JEAN MANTEY
GEORGE MARCZEWSKI
KATHLEEN MARKOWSKI
ROBIN MARSHALL-MOORE
SCOTT MCBRIDE
SILVIJA MEDREK
BRENDA MERTINS
DONALD MILES
PAT MILEWSKI
MARY MOONEY
JOANNE MORENCY
DENISE MORRISSEY
PAULETTE MILLER
DAVID MILLER
PATRICIA NAKAMURA
JOHN OSWALD
CARMEN PINE
PAT PITCHER
MARY QUADE
MICHAEL QUADE
DONNA RAML
JUDY REGALIA
CARLA REGINI
CINDY RICHTER
JEAN RICK
DEANNE ROBISON
MARY SAGE
HANNAH SCHMIDT
MATTHEW SCHULTE
JIM SEEFELDT
LOIS SEEFELDT
JOAN SLAMANN
GLORIA SNEARLY
SANDRA SNYDER
DENA SQUAIRES
ROBERT SQUAIRES
JUDITH STEINER
HARRIET STELTER
JEANNE STRUCK
BEVERLY SUBEL
JEAN TALKOWSKI
JANIS THEEL
CAMILLE THEYS
ANNA THOMPSON
MARILYN THOMPSON
TERRENCE TOMASZEWSKI
DOROTHY WARDIN
MARGARET WESTOVER
JOHN WIEDERHOLD
BEV WILDE
ANN WISSING
RONALD WOJCIECHOWSKI
ELAINE WOJCIECHOWSKI
JEAN ZAHN
BARBARA ZIMMER
JEAN ZINK
JANIS ZUDONYI
SPECIAL VOTING DEPUTIES
BARBARANN ERDMANN
JUDY REGALIA
JEANNE STRUCK
JANIS THEEL
JANIS ZUDONYI
Reso. #121-2015 Page 2
BE IT FURTHER RESOLVED, that the following individuals were nominated by the political parties
to serve as follows:
ELECTION OFFICIALS
JAMES BROWNLOW (D)
JEANNE CATRON (R)
PAM EVANS (R)
ELLEN FOLLANSBEE (R)
JENNA GUENTHER (R)
LOIS HESS (R)
DONNA MATTES (D)
CAROL OLSON (R)
NICK POPOUTSIS (R)
BARB SCHROEDER (R)
DEBRA SCHLOEMER (R)
ROGER ZINDLER (R)
SPECIAL VOTING DEPUTIES
JEANNE CATRON (R)
ELLEN FOLLANSBEE (R)
BE IT FURTHER RESOLVED that the Common Council of the City of Muskego does hereby
confirm the above appointments as election officials and/or special voting deputies for the City of
Muskego and that their term shall expire December 31, 2017.
DATED THIS DAY OF DECEMBER , 2015
SPONSORED BY:
Mayor Kathy Chiaverotti
This is to certify that this is a true and accurate copy of Resolution #121-2015 which was adopted
by the Common Council of the City of Muskego.
___________________________
Clerk-Treasurer
12/2015
CITY OF MUSKEGO
Staff Report to Council
December 8, 2015 Meeting
To: Common Council
From: Jeff Muenkel, AICP
Subject: Support of State Grant
Date: December 1, 2015
Background Information:
Please find enclosed a resolution of Council support for a grant offered by the Wisconsin
Economic Development Corporation (WEDC) entitled the Idle Industrial Sites Redevelopment
Grant Program. This type of grant is only allowed for certain properties in the state and it
happens that the vacant former Parkland Mall property would qualify due to being 10 acres in
size, idle in nature, and previously having over 25 years of previous commercial viability. Grants
are up to $500,000 (no more than 30% of a project) and can be given to municipalities that
qualify for redevelopment purposes.
Staff is applying for this grant, which is due in December, and having letters of support is a
required part of the application process. We have already received letters of support from the
Chamber of Commerce, Senator Mary Lazich, and Representative David Craig. If granted we
would be able to use up to $500,000 to go towards infrastructure costs for the future Parkland
Towne Center development that the city is anticipating setting up a Tax Incremental District
(TID) for in the coming months. These monies would offset any TID incentives the city approves.
If Council recalls we approved a go ahead to start the TID exploration process in July 2015 based
on the developer, Ener-Con Companies, coming forth with a concept plan that outlined plans for
a development that included upwards of 54,000 SF of commercial and 99 units of residential. The
grant is heavily dependent on showing that the proposed development will increase the tax base
and amount of jobs for the area. The Parkland Towne Center development will easily meet this
requirement given that the parcel sits vacant today at an agricultural assessment.
Recommendation: Approval
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #122-2015
RESOLUTION TO SUPPORT RECEIPT OF GRANT FUNDING FROM THE WISCONISN
ECONOMIC DEVELOPMENT CORPORATION
Idle Industrial Sites Redevelopment Grant
WHEREAS, the State of Wisconsin Economic Development Corporation (WEDC) has a grant
known as the Idle Industrial Sites Redevelopment Grant that is due annually in December; and
WHEREAS, a grant of up to $500,000 (no more than 30% of a project) can be given to
municipalities that qualify for redevelopment purposes; and
WHEREAS, the former Parkland Mall parcel (Tax Key No. 2198.984) qualifies for the grant due
to being in excess of 10 acres, is currently vacant, and previously had long term commercial
usage; and
WHEREAS, the property for which the grant is proposed is within the city’s central business
district and within the adopted boundaries of the City’s Redevelopment District #2 Plan; and
WHEREAS, the grant would aid the City of Muskego in offsetting the infrastructure costs for the
proposed Parkland Towne Center development; and
WHEREAS, the Common Council approved moving forward with a Tax Incremental District
process per Council Resolution #075-2015 in anticipation that incentives would be required for
the proposed Parkland Towne Center development in order to realize the maximum economic
Development potential in terms of tax base and jobs created.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego,
supports receiving the Idle Industrial Sites Redevelopment Grant from the Wisconsin Economic
Development Corporation in the amount of $500,000 in order to offset infrastructure costs.
BE IT FURTHER RESOLVED That the City of Muskego believes that without such incentives
and grants that the Parkland Towne Center development would not meet its full potential in
terms of tax base and jobs created.
DATED THIS DAY OF DECEMBER , 2015.
SPONSORED BY:
FINANCE COMMITTEE
This is to certify that this is a true and accurate copy of Resolution #122-2015 which was
adopted by the Common Council of the City of Muskego.
Clerk-Treasurer
CITY OF MUSKEGO
Staff Report to Finance Committee
To: Finance Committee
From: David Simpson, P.E., Director of Public Works/City Engineer
Subject: Approval of Review Refuse/Recycle collection contract for the 2016-2020
program cycle
Date: December 3, 2015
Proposals were received on August 27th, 2015 for the collection and hauling of refuse and
recycling for the years 2016-2020 for the City of Muskego. Two companies submitted
proposals with costs and our current vendor, Advanced Disposal was the resulting low bidder
and was recommended for selection by the Public Works Committee. We have worked with
Advanced to draft a contract based on the County’s template contract. The template was
previously reviewed by our Attorney and is now with our Attorney for specific final review.
The contract included the following items of note that were discussed at the Public Works
Committee:
Automated Refuse Collection was chosen for a price of = $4.23/HH/Month x 9370
HH/Month= $39,635.10 + Cart Costs of $0.38 to $0.44 per HH/Month (equals
$3,560.60 to $4,122.80/ month) depending on cart size for a total cost of $43,195.70
to $43,757.90/month.
Residents with single family homes will be given the 96 gallon carts and condos will
be allowed to choose the smaller 32 gallon container.
The Public Works Committee will discuss cart color options at a future meeting and
carts are intended to be delivered in March.
Recycling Collection with delivery to Waukesha County facility was chosen with a
price of= $2.08/HH/Month x 9370HH= $19,489.60/month + cart cost of $0.38/HH =
$23,050.20/month
Cost to run the yard waste drop off site= $16,543/year
Collection of School Sites (paid by MNSD)= $31,930.08/year
Allows a minimum increase of 1%/year with a maximum increase of 3%/year with
the actual increase being tied to inflation.
There is no fuel cost adjustment in the contract.
Final attorney review is needed but we can approve the contract and then authorize the
Mayor’s signature only after final attorney approval.
Recommendation for Action by Committee:
Recommend approval of the contract with Advanced Disposal contingent upon approval of
the City Attorney.
Page 1 of 1
SOLID WASTE SERVICES CONTRACT
For the City of Muskego (“City”)
City Representative
David Simpson
Director of Public Works/City Engineer
W182 S8200 Racine Ave.
Muskego, WI 53150
262-679-5686
Advanced Disposal Services Solid Waste Midwest, LLC
(“Contractor”)
Contractor Representative
Jason Johnson
W144S6350 College Court
Muskego, WI 53150
262-679-0860
Mail To: P.O. Box 473
Waunakee, WI 53597
Contract Effective Date: January 1, 2016
TABLE OF CONTENTS
PART 1 – GENERAL TERMS AND CONDITIONS ....................................................... 3
ARTICLE 1 – DEFINITIONS AND INTERPRETATION ................................................... 4
ARTICLE 2 – EXCLUSIVE CONTRACT ......................................................................... 9
ARTICLE 3 – SERVICES PROVIDED .......................................................................... 10
ARTICLE 4 – CONTRACTOR SERVICE FEE .............................................................. 18
ARTICLE 5 – COMPLIANCE WITH APPLICABLE LAW ............................................... 21
ARTICLE 6 – RECORDS, REPORTING AND AUDITS ................................................ 22
ARTICLE 7 – INDEMNITIES, INSURANCE, SURETY .................................................. 26
ARTICLE 8 – BREACHES, DEFAULTS AND REMEDIES ............................................ 31
ARTICLE 9 – SUSPENSION OR TERMINATION ......................................................... 39
ARTICLE 10 – TRANSFER OR ASSIGNMENT OF CONTRACT ................................. 43
ARTICLE 11 – INTERPRETATION OF CONTRACT .................................................... 44
ARTICLE 12 – THE PARTIES ....................................................................................... 45
ARTICLE 13 – TERM OF CONTRACT ......................................................................... 47
ARTICLE 14 – CHANGE IN SCOPE OF SERVICE ...................................................... 48
ARTICLE 15 - AMENDMENTS ..................................................................................... 49
ARTICLE 16 – NOTICES, CONSENTS, APPROVALS, ETC. ....................................... 50
ARTICLE 17 – EXECUTION OF CONTRACT .............................................................. 51
SCHEDULES ............................................................................................................... 52
SCHEDULE 1 – CONTRACT SERVICES AND COST SUMMARY .............................. 53
SCHEDULE 2 – COLLECTION CONTRACT COMPLIANCE ITEMS RELATED TO
RECYCLING CONTAINERS AND DELIVERY OF RECYCLABLES TO
A DESIGNATED MRF ........................................................................ 56
SCHEDULE 3 – CONTRACTOR FINANCIAL ASSURANCE ........................................ 57
Page 1
SCHEDULE 4 – CONTRACTOR EVIDENCE OF INSURANCE ................................... 58
SCHEDULE 5 – CONTRACTOR AFFIDAVIT CERTIFYING ACCESS TO SUFFICIENT
LANDFILL CAPACity ........................................................................ 59
SCHEDULE 6 – ANNUAL RATE ADJUSTMENT (CPI AND FUEL) .............................. 60
SCHEDULE 7 – SAMPLE MONTHLY INVOICE ........................................................... 64
SCHEDULE 8 – BULKY ITEM DIVERSION PROGRAM .............................................. 65
SCHEDULE 9 – EMERGENCY BACK-UP COLLECTION SERVICE PLAN ................. 66
SCHEDULE 10 – CUSTOMER COMPLAINT & BILLING DISPUTE RESOLUTION ..... 68
SCHEDULE 11 – UNPERMITTED WASTE SCREENING PROTOCOL ....................... 69
SCHEDULE 12 – CONTRACTOR TRANSITION & CUSTOMER EDUCATION PLAN . 70
SCHEDULE 13 – ROUTE MAPS, SHEETS, AND CHANGE REQUESTS ................... 71
SCHEDULE 14 – RECYCLING RECEPTACLES INVENTORY .................................... 72
SCHEDULE 15 – MONTHLY & ANNUAL REPORTS (SAMPLES) ............................... 73
SCHEDULE 16 – PROTOCOL FOR DELIVERY OF RECYCLABLES TO THE
DESIGNATED MRF .......................................................................... 75
SCHEDULE 17 – VEHICLES, DRIVERS AND EQUIPMENT ....................................... 77
Page 2
THIS CONTRACT (“Contract”) is made and entered into this ____ day of
________________, 2015, by and between the City of Muskego (hereinafter “City”) and
Advanced Disposal Services Solid Waste Midwest, LLC (hereinafter “Contractor”).
PART 1. GENERAL TERMS AND CONDITIONS
RECITALS:
WHEREAS, the City recognizes that it is desirable that provisions be made for the
regular and efficient Collection and Disposal of Solid Waste (including Refuse and Recyclables)
within the legal boundary limits of the City; and
WHEREAS, the City desires that an independent Contractor be utilized to perform said
Collection and Disposal services for properties within the legal boundary limits of the City and
desires to enter into a Contract granting the Contractor the exclusive right to Collect the weekly
generated Solid Waste materials from all single family and eligible multi-family Residential
Customers within the City limits; and
WHEREAS, the City desires to reduce costs by minimizing the amount of Solid Waste
being disposed in landfills, and increasing the amount of recyclable materials recovered within
the City limits; and
WHEREAS, the City is the Responsible Unit for Recycling under Wisconsin Statutes §
287.09, must implement an “effective Recycling program” under Wisconsin Statutes § 287.11
for the benefit of it’s citizens, and has executed a public procurement process to obtain the
services herein described; and
NOW, THEREFORE, in consideration of the premises set forth herein, and for other
good and valuable consideration, the receipt whereof is hereby acknowledged, the parties agree
as follows.
Page 3
ARTICLE 1. DEFINITIONS AND INTERPETATION
1.01 INTERPRETATION
A. Plurality. Words importing the singular number mean and include the plural number,
and vice versa, unless the context demands otherwise.
B. Headings, Font. Any caption or heading after the ATTACHMENT, EXHIBIT,
ARTICLE, Section, lettered subsection, Arabic-numbered subsection or Roman-
numbered subsection and numbered lists preceding the operative text of this
Contract is for convenience of reference on and does in any way control or affect
the scope, intent, meaning, construction, interpretation, or effect of this Contract.
C. Examples. Examples are for purpose of illustration only. If any example is ambiguous
or conflicts with the text that it illustrates, the text governs.
1.02 DEFINITIONS
Affiliate means a person that, directly or indirectly, through one or more intermediaries,
controls, or is controlled by, or is under common control with, Contractor. For the purpose of
this definition, “control” has the meaning provided in Rule 144 of the Securities Act of 1993.
Bulky Items means the following items generated at residential premises and discarded at
residential Set-out Sites, with no one item exceeding 50 pounds in weight:
• furniture, including metal desks, mattresses and storage cabinets,
• tied rolls of carpeting meeting the following requirements:
− not larger than 12 inches in diameter
− no longer than 4 feet in length
• sinks, concrete laundry tubs, and cast iron plumbing fixtures,
• windows and doors,
• large toys,
• bicycles,
• dismantled swing sets,
• up to 5 securely tied bundles of lumber per Customer each month, meeting the following
requirements:
− not larger than 18 inches in diameter
− no longer than 4 feet in length
− free of nails or with nails bent over
− from construction projects, including garages and sheds.
• lawn mowers and snow blowers with no gas or oil in them,
• any item (other than lumber) that can be cut or broken down meeting the following
requirements: not longer than 6 feet in length.
• appliances such as stoves, refrigerators, washers, dryers, dehumidifiers, etc.
• Christmas Trees
• Tires (one per HH/week)
• Extra Receptacles of Refuse
Page 4
Bulky Items does not mean any item weighing in excess of 50 pounds or any of the
following:
• material generated at non-residential premises, including commercial business
operations,
• Yard Waste and branches,
• sod, soil and stone,
• broken concrete and asphalt,
• brick, block, and stone,
• railroad ties or similar type of retaining wall timbers,
• remodeling debris, including shingles,
• animal waste,
• liquids, including paint,
• Hazardous Waste,
• fuel oil tanks,
• any automotive parts including vehicle batteries other than one tire per week/unit.
Collect, Collection, Collecting or other form thereof means any or all Solid Waste pickup(s)
made by Contractor as required by this Contract.
Contract Service Area means the land within the political boundaries of the City.
Contract Service Assets means all property, both tangible and intangible (such as facility leases
or equipment installment purchase agreements), used directly or indirectly in performing
Contract services, including vehicles, Receptacles, operation / maintenance equipment and
facilities, and administrative/office equipment (such as computer hardware and software,
telephones/telefax) and offices.
Contractor Documentation means all documents, papers or other which the Contractor is
obligated to provide to the City.
Contractor Payment Obligations means amounts due and payable by Contractor to City,
including liquidated damages, compensatory damages, as provided in this Contract.
Contractor Representative means the person named by Contractor and identified on the
Contract Cover page and Section 16.01 to fulfill the requirements of Section 12.07(B).
Contractor’s Related Parties means Contractor’s employees, partners, officers, agents,
subcontractors, attorneys, consultants, licensees, invitees, and Affiliates. Contractor’s Related
Parties are third party beneficiaries of provisions that reference them.
County means the County of Waukesha, WI.
Customer or Customers means a person for whom the City is arranging for Solid Waste
Collection services from Contractor.
Page 5
Designated MRF means the Material Recovery Facility located at 1401 W. Mout Vernon
Avenue, Milwaukee, WI where all collected recyclable material is delivered for processing and
marketing if this option is chosen.
Disposal or Dispose or other form thereof means final deposition or destruction of materials in
accordance with this Contract.
Diversion or Divert means activities that reduce or eliminate the amount of Solid Waste from
land Disposal.
Goods or services means Contract Service Assets used to provide Contract services, including
labor, leases and subleases, equipment, supplies, capital, insurance, bonds or other credit support
if the provider is an Affiliate or under control of Contractor or any Affiliate; and legal, risk
management, general and administrative services.
Hazardous Waste means any material or substance which, as of the Contract Date, and for the
duration of this Contract (adopting any future changes in the statutory definitions of the
following statutes or regulations or any newly promulgated statutes or regulations), and by
reason of its composition or characteristics is (a) Hazardous Waste, substance or material as
defined in the Solid Waste Disposal Act, 42 USC §6901 et seq., as amended, replaced or
superseded, and the regulations implementing same; (b) material the Disposal of which is
regulated by the Toxic Substances Control Act, 15 USC §2601, et seq., as amended, replaced or
superseded, and the regulations implementing same; (c) special nuclear or by-products material
within the meaning of the Atomic Energy Act of 1954; (d) Hazardous Waste substance or
material as defined in the Comprehensive Environmental Response, Compensation and Liability
Act of 1980, 42 USC §6901 et seq. as amended, replaced or superseded, and the regulations
implementing same; or (e) treated as Hazardous Waste or substance or material under applicable
federal, state, or local law.
Holidays means the following days:
• New Year’s Day,
• Memorial Day,
• Independence Day,
• Labor Day,
• Thanksgiving Day, and
• Christmas Day.
City means City of Muskego and for purpose of Indemnities, City’s Related Parties.
City Business Day means any day on which City administration office is open to do business
with the public.
City Governing Body means the Common Council of the City.
City Representative means the person named by City as required by Section 16.01 and
identified on the front page of this Contract.
Page 6
City’s Related Parties means City’s officers, employees, agents, representatives, servants,
assigns, volunteers and each and every one of them, which are third party beneficiaries of
provisions in this Contract that reference them.
Own, Owner, or Ownership or other variation thereof has the meaning provided in the
constructive ownership provisions of Section 318(a) of the Internal Revenue Code of 1986, as in
effect on the Contract Execution Date, except that
A. 10% is substituted for 50% in Section 318(a)(2)(C) and in Section 318(a)(3)(C) thereof;
B. Section 318(a)(5)(C) is disregarded, and
C. ownership interest of less than 10 percent is disregarded and percentage interests is
determined on the basis of the percentage of voting interest or value which the ownership
interest represents, whichever is greater.
Performance Obligations means each and every obligation and liability of Contractor under this
Contract.
Receptacle means any can, cart, bin, or other container (such as bags) for storing discarded
Refuse or Recyclables.
Records means information relating to Contract services and other Performance Obligations,
including documentation enumerated in Article 6, ledgers, books of account, invoices, vouchers,
canceled checks, logs, correspondence, computations, files, plans, correspondence, reports, data,
and photographs, and all information required by Wisconsin Administrative Codes NR § 502.06
(4)(g) and NR § 544.07.
Recyclables means ferrous metal cans (including steel and bi-metals), aluminum containers,
glass, PET and HDPE bottles and containers (grades 1 and 7) , mixed plastics (grades 2, 4, 5),
rigid plastics, aseptic and gable top containers, newsprint, phone books, corrugated paper,
magazines and catalogs, office paper, junk mail, mixed residential paper (including boxboard), as
amended from time to time by statute.
Recycle, Recycling, or recyclable means the process of Collecting, sorting, cleansing, treating,
and reconstituting materials (including Recyclables) that would otherwise be Disposed of as
Refuse and returning them to the economic mainstream in the form of raw material for new,
reused, or reconstituted products that meet the quality standards necessary to be used in the
market place.
Refuse means Solid Waste comprised of rubbish, trash, and garbage, excluding Recyclables,
Yard Waste, and Bulky Items that are Diverted for reuse or Recycling.
Residential Customers means those in single-family dwelling units, owner occupied multi-
family dwelling units and multi-family rental or leased dwelling units with 4 or less dwelling
units per building who receive Solid Waste Collection service from the City under this Contract.
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RFP means Request for Proposal, and all subsequent amendments, for Residential and
Municipal Refuse, Recycling and Yard Waste Collection, released on July 23, 2015 by the City.
Set-out Site means the location where Customer must place Receptacles and Bulky Items for
Collection, generally located near the curb adjacent to the road edge.
Solid Waste means those items Collected by Contractor under this Contract in the Contract
Service area, including:
A. Refuse,
B. Recyclables, and
C. Bulky Items,
D. and excluding Unpermitted Waste.
Solid Waste Management Facility means the following facilities, individual and together, as
the context demands:
A. Designated MRF,
B. Refuse Disposal facility, and
C. any transfer facility.
State means the State of Wisconsin.
State Tip Fee (also known as the Wisconsin Landfill Disposal Surcharge Fee) means the fee
imposed on all Solid Waste disposed in Wisconsin landfills as defined in Wisconsin Statute §
287.645, and as of the date of the execution of this agreement is $12.997 per ton.
Ton (or Tonnage) means 2,000 pounds.
Uncontrollable Circumstance(s) means any of the following events:
A. any natural disaster such as landslide, lightning, earthquake, fire, flood, (other than
reasonably anticipated weather conditions for the geographic area of City);
B. sabotage, explosion;
C. insurrection, riot or civil disturbance, war or other emergency affecting City declared by
the President of the United Sates or Congress of the United States, the Governor of
Wisconsin or the City Governing Body;
D. failure of public agency or private utility to provide and maintain water, power, or service
at Contractor’s operations and maintenance yard or administrative offices;
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E. other catastrophic events beyond the reasonable control of that Party and not the result of
willful or negligent action or inaction of that party (other than the contesting in good faith
or the failure in good faith to contest that action or inaction), which materially and
adversely affects the ability of either party to perform any obligation under this Contract
despite that party’s exercise of due diligence.
Unpermitted Waste means materials that cannot be Disposed of in landfill under applicable law
of the state, including Hazardous Waste, Yard Waste, and major appliances. Major appliances
means items banned from landfill Disposal under Wisconsin Statute § 287.07, including air
conditioners, clothes washers and dryers, dishwashers, refrigerators, freezers, stoves, ovens,
dehumidifiers, furnaces, boilers, water heaters, and microwave ovens (unless the capacitor has
been removed).
Yard Waste means “Yard Waste” as defined in Wisconsin Statute 287.01 (17), which as of the
Contract execution date means leaves, grass clippings, yard and garden trimmings, and brush,
including clean woody vegetative material, stumps, roots, or shrubs with intact root balls.
ARTICLE 2. EXCLUSIVE CONTRACT
2.01 Exclusive Right and Privilege. The City hereby grants to Contractor the exclusive right
and privilege, and Contractor hereby accepts the obligation to provide Recycling Receptacles
and to Collect, transport, and Dispose all Solid Waste generated by Residential Customers within
the legal boundary limits of the City as its legal limits may be modified from time to time by
annexation during the term of this Contract. Customers can, however, contract with any licensed
hauler for the collection, transportation, and disposal of materials not covered by this Contract.
Contractor shall comply with the requirements of Schedule 2 in providing Recycling services.
2.02 Disposal Requirements.
A. Recyclables. Contractor shall transport Recyclables to the Designated MRF for
processing and marketing of material. Contractor shall not Dispose of any Recyclables
anywhere else without prior City permission. Contractor shall comply with the
Designated MRF delivery protocol.
B. Refuse. Contractor shall Dispose of Refuse at Advanced Disposal Emerald Park
Landfill located at W124 S10629 124th Street, Muskego, WI, 53150. This requirement
is pursuant to the landfill expansion agreement settled March 21, 2000, between the
Superior Emerald Park Landfill Siting Committee and Superior Emerald Park Landfill,
Inc. (now Advanced Disposal Emerald Park Landfill).
2.03 Comingling prohibited. Contractor shall not comingle Solid Waste from the City with
Solid Waste from other municipalities.
2.04 Natural/Man-Made Disaster Collection Service
A. Nature of Emergency services. Contractor shall have the first opportunity to provide
emergency services beyond the scope of the contracted services, including providing
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drivers, vehicles, and other equipment and personnel to cleanup Solid Waste and other
debris resulting from natural disasters such as earthquakes, storms, tornadoes, floods,
riots, and civil disturbances, for which Contractor shall be reimbursed by the City
separately from this Contract. Within 24 hours of receipt of electronic notification from
the City, followed as soon as practicable by written notice, Contractor shall propose a
plan, including cost in writing. Should City accept Contractor’s plan, Contractor shall
commence implementing the approved plan as established under the accepted plan.
B. Reporting. Should City accept Contractor’s plan, Contractor shall cooperate with City,
the State, and Federal officials in filing information related to a regional, state, or
federal declared state of emergency or disaster as to which Contractor has provided
services under this section.
ARTICLE 3. SERVICES PROVIDED
3.01 General.
A. Collection. Contractor shall Collect Solid Waste from all Residential Customers within
the City for Disposal or Recycling as appropriate and required by law and this Contract.
Service provided shall be automated curbside pickup. Any service required by
Residential Customers beyond what is provided in this Contract shall be arranged by
the Residential Customer and the Contractor directly at the Residential Customer’s sole
cost.
B. Contractor Supplied Receptacles. The Contractor shall provide one Receptacle for
Refuse to each Residential Customer, including new Customers during the term of the
Contract, as specified herein as a City owned Receptacle. The cost of the Receptacle
shall be charged to the City as a monthly fee on a per Receptacle basis. The Contractor
shall deliver a new Refuse and Recycling Receptacle to new households during the
term of the Contract upon notice from the City.
C. Emergency Backup Service Plan. Contractor shall have an emergency backup service
plan which Contractor shall implement if, due to Uncontrollable Circumstances or for
any reason whatsoever, Contractor fails, refuses, or is unable for a period of 48 hours to
Collect and/or at any time to transport Solid Waste or debris, or any portion thereof to a
licensed Disposal facility, and the City determines there is a danger to public health,
safety, or welfare. The Emergency Backup Service Plan is located at Schedule 9.
D. Bulky Item Diversion. Contractor shall Divert all Bulky Item materials that it Collects
to appropriate Recycling outlets. Contractor shall transport and deliver Bulky Items and
excess Refuse that cannot be Diverted to a Recycling facility to a licensed Disposal
facility.
3.02 Solid Waste Collection
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A. Mandatory Residential Collection. Beginning on the service commencement date,
Contractor shall Collect all Refuse and Recyclables placed inside Receptacles at a
Residential Set-out Site on the regularly scheduled Collection day for that Set-out Site.
1. Bulky Items. Contractor shall Collect Bulky Items curbside weekly on the Resident’s
regularly scheduled Collection day. Pick-up shall be initiated by Residential
Customer or driver call in. Drivers must notify the dispatcher of Bulky Item discard
they observe on routes. The Bulky Item truck driver must also pick up any other
Bulky Items discarded at residential curbside set out that he or she observes on the
Bulky Item route.
2. Missed Pickups. Absent Collection Service Exceptions, on the next service day
following notice to Contractor, Contractor shall Collect, without charge, any
Receptacle, and/or the contents therein or Bulky Items that the Contractor should
have Collected, delivered, exchanged, or repaired but did not Collect, deliver,
exchange, or repair. If Contractor does not provide a Contract service in a timely
manner, the City may provide the Contract service itself or through a third party and
Contractor shall reimburse the City’s incremental costs thereof.
3. Collection Service Exceptions. Contractor is not obligated to Collect Solid Waste in
the event of any Service Exception, but must complete and leave a non-Collection
notice securely attached to a Receptacle at or near the Set-out Site.
i. In its next monthly report, Contractor shall inform City of each Customer to
which Contractor gave a non-Collection notice.
ii. Collection Service Exceptions means the following:
1. Solid Waste Not Properly Placed in Receptacles: other than any Bulky Item or
extra bags called in by resident.
2. Receptacles in Excess of Weight Limits: a Receptacle or bag (Collected
manually) that weighs more than 50 pounds.
3. Receptacle or Bulky Items Not Placed at Proper Set-out Site: a Receptacle
not positioned at the Set-out Site, or a Bulky Item or excess Refuse is not
discarded at the Set-out Site.
4. Unsafe Condition: the Set-out Site is not safely accessible to vehicles or
Contractor’s employees.
5. Unpermitted Waste or Unsafe Materials: Contractor observes Unpermitted
Waste in a Receptacle or at the Set-out Site.
6. Contamination of Recyclables: Contractor observes the following materials:
Refuse or Yard Waste in a Recyclables Receptacle in amounts that, in the
judgment of Contractor, will prevent processing or Diversion of Recyclables.
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4. Call Back Collection. In the event a resident fails to set out Solid Waste or Bulky
Items by 7:00 a.m. or fails to place them in an allowable location, the Residential
Customer may request special Collection from the Contractor rather than wait for the
next scheduled Collection. The Contractor shall bill this service directly to the
Residential Customer and the Residential Customer shall remit payment for such
service directly to the Contractor. This service shall be offered at no cost to any
Residential Customer who has scheduled collection on Fridays.
5. Collection at Long Drives. Residents with drivways with a length greater than 400
feet will be allowed to place their refuse out for manual type collections or automated
collection without extra cost. Collection on Underconstructed Roadways
6. Collection on Underconstructed Roadways. Collection of refuse/recycling on
underconstructed roadways, alleys, and light vehicle side streets shall be collected
with light weight vehicles that will not cause damage or significant wear to the under-
constructed roads. These vehicles shall be smaller than or equivalent to the weight of
a standard half-ton pickup truck. Contactor shall receive no additional compensation
for this requirement. See Appendix E which shows all current roadways for which
this section applies.
7. Special Receptacle Roll Out Service. At customer request, Contractor shall provide
roll-out service for refuse and recycling receptacles.
i. Without surcharge. Contractor shall provide roll-out service without surcharge
to the following individuals:
• Elderly or handicapped (as defined)
• Residential customer directed by the City of Muskego who may not
meet the criteria in preceding item, but who demonstrates to the City
of Muskego similar physical hardship.
ii. With surcharge. Contractor shall provide roll-out service to any customer who
does not meet the preceding listed criteria for the customer special service
surcharge listed on the Contractor service fee schedule.
8.
B. Service Days and Hours & Regular Schedule.
1. Contractor shall provide Collection to Residential Customers on the same day each
week, except for Holidays. Contractor shall provide Collection scheduled for a
Holiday on the weekday or Saturday immediately following the Holiday and all
remaining Collection days in the week one day later than scheduled.
2. Contractor may not change a regularly scheduled Collection day without City
approval except for severe and/or extreme weather events that prevent the Contractor
from performing services, in which case any change in Collection days shall be
approved by the City Representative. Approval for a permanent change shall be
requested not less than 60 days prior to Contractor’s proposed date of change.
Approval may be given by the City’s Representative. If approved, the Contractor
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shall notify each Customer of the change in that Customer’s regularly scheduled
Collection day in writing by first class mail at least 2 weeks prior to the change.
Contractor is responsible for notifying Designated MRF of any route changes
approved by the City.
3. Contractor shall not begin actual Collection before 7:00 a.m. nor continue after 6:00
p.m., unless authorized by the City Representative.
3.03 Customer Service.
A. The Contractor shall provide a toll-free number, emergency number, answering service
for after-hours emergencies and email access with trained Customer service
representatives to resolve Customer issues. Contractor office hours for Customer service
shall be 7:00 a.m. to 4:00 p.m., local time, Monday through Friday, Holidays excepted,
and 8:00 a.m. to 12:00 noon, local time on those Saturdays when service is provided.
B. Complaints. Contractor shall respond to all Customer inquiries and complaints,
including any inquiry or complaint left with the telephone answering service, within 1
City Business Day following notice to Contractor and handle complaints substantially as
required by the Customer complaint and billing dispute protocol attached Schedule 10.
C. No referral to City. Contractor shall not refer or forward Customers to City for
resolution of complaints or answers to inquiries unless Customer insists, in which event
Contractor shall refer Customers to the City’s Representative.
D. Employee Training. Contractor shall train its Customer service employees to follow the
Customer complaint and billing dispute protocol upon starting work and periodically
thereafter.
E. Records. Contractor shall maintain a daily electronic log of every inquiry and complaint
received by Contractor, including: date and time of inquiry or complaint, inquirer’s or
complainant’s name and address (if the individual is willing to give this information),
description of the inquiry or complaint, date and description of response taken or the
reason for non-response, and answer to inquiry or resolution of complaint.
3.04 Collection at Municipal Buildings, Designated Sites, and School Owned Properties
A. Beginning on the service commencement date, Contractor shall Collect all Refuse and
Recyclables placed inside Receptacles at a Set-out Site located at municipal buildings or
facilities in the service area as scheduled without charge to the City as found on
Appendix C. Contractor shall provide City with Receptacles in sufficient number and
capacity to contain Refuse and Recyclables as described in Appendix C. Recyclables
Collected from the various municipal service Receptacles are not required to be
transported to the Designated MRF.
B. Beginning on the service commencement date, Contractor shall Collect all Refuse and
Recyclables placed inside Receptacles at a Set-out Site located at school buildings or
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facilities in the service area as scheduled as found on Appendix D. Cost for this service
will be paid as described in Article 4.01. Contractor shall provide Schools with
Receptacles in sufficient number and capacity to contain Refuse and Recyclables as
described in Appendix D. Recyclables collected from the various school service
Receptacles are not required to be transported to the Designated MRF.
C. Within the first year of the Contract term, Contractor shall conduct a Receptacle audit to
assess whether the Receptacles are sufficient to hold the volume of material being
discarded. Contractor shall communicate findings of the audit to the City Representative,
and propose appropriately sized Receptacles as necessary.
3.05 Receptacle Standards.
A. Size. The standard size Receptacle for curbside pickup shall be 64-gallon containers for
recycling and 95/96-gallon containers for refuse. 32-gallon containers shall be offered
for a one time swapout free of charge to all condominiums that elect for said swapout.
B. Warranty. The Receptacle will be from a major U.S. manufacturer and shall carry a 10-
year warranty from manufacturer defects. They must be made from high density plastics
containing post-consumer recycled content and be recyclable. Minimum wall thickness
for Receptacles must be .175 inches and Minimum Resin Weight (not assembled) 9.6
pounds.
C. Contractor contact information and Disposal prohibitions. Contractor will affix to
each Receptacle by stencil, or other means approved by the City, the following text:
“City of Muskego”
Hazardous Waste Disposal prohibitions on the inside of the Receptacle lid
in substantially the following form: “State law prohibits Disposal of grass,
leaves, and hazardous materials (such as batteries, paint, and motor oil)
in your trash or Recycling. If these items are identified in, your
Receptacles they will be tagged and not Collected. For safe and lawful
Disposal options, call 262-679-4128.”
any Discard weight limitations.
Contractor may combine the text of these items in one or more stencil hot stamped on the
Receptacle. Contractor will document any hot stamps in purchase orders to Receptacle
manufacturers and provide those purchase orders in Contractor Documentation.
3.06 Maintenance and Delivery of Receptacles. The Contractor shall be responsible for the
maintenance, repair, asset tracking, and delivery/retrieval of Receptacles to the Residential
Customers by the date specified in the Transition Plan at Schedule 12. The Contractor shall
repair or replace the Receptacle, upon receiving notice from the City’s Representative, or
Customer, of the need for repair, or if the Receptacle is identified as being unserviceable by the
Contractor by the Customer’s next regularly scheduled Collection day, without charge, unless
there is proven Customer negligence.
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3.07 Yard Waste Drop Off Site. Contractor shall furnish a location and staff said site in the
City of Muskego for Saturday residential yard waste drop-off. Hours of operation shall be from
7:00am to 2:00pm every Saturday from the first Saturday in March to the second Saturday of
December. Contractor shall be allowed to close the yard waste site for three (3) predetermined
holidays/occasions per year. These closing must be posted at the site at a minimum of three (3)
weeks prior to the closure as well as on their web-site. The site shall be agreed upon by
Contractor and City of Muskego and located within one (1) mile of the intersection of Janesville
Road and Lannon Drive. Contractor shall furnish the suitable containers to accommodate yard
waste so that wait times for drop-off do not exceed 10 minutes from the customer arrives to the
time they are able to begin unloading their materials.
i. Fees.
The fee is discussed in Section 4.01.
ii. Accepted Materials.
a) Yard Waste such as grass clipping, leaves, yard and garden debris and
brush, including woody vegetative material.
b) The site operator has the right to reject wastes if the load is contaminated
with unacceptable waste materials. The site operator is not required to
test the yard waste for hazardous chemicals prior to rejection of a load.
The presence of hazardous waste receptacles, or unusual chemicals or
colors in the yard waste, may be deemed sufficient justification to reject
the load at the discretion of the site manager or operator. The Contractor
delivering the rejected load is responsible for all removal and disposal
costs.
3.08 Contract Service Standards:
A. General. Contractor will perform all Contract services in a prompt, thorough,
comprehensive, reliable, courteous, and professional manner so that Customers receive
high-quality Contract service at all times. Contractor must perform Contract services
regardless of weather conditions except as noted and regardless of difficulty of
Collection, subject to Collection Service Exceptions and Uncontrollable Circumstances.
B. Inadvertent Collection and Delivery of Unpermitted Waste. Contractor shall have an
Unpermitted Waste Protocol, a copy of which shall be located at Schedule 11. If the
Contractor Collects and delivers Unpermitted Waste in violation of the Unpermitted
Waste Protocol, then Contractor shall be responsible for and shall pay the costs to
identify and remove the Unpermitted Waste for proper disposal.
C. Litter and Leaks.
1. Set-out Sites. Contractor will clean up litter in the following places:
a) anywhere, if done by Contractor's employees (for example when Collecting
Receptacles at a Set-out Site, and
b) Contractor will Notify Customer of all instances of repeated litter by that
Customer and document each instance.
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2. Transportation
a) Litter. Contractor will transport Solid Waste only in covered Collection vehicles.
Contractor will prevent Solid Waste from escaping, dropping, spilling, blowing,
or scattering from vehicles during Collection and transportation. Contractor will
not transfer loads from one vehicle to another on any public street, unless
necessitated by mechanical failure or accidental damage. Contractor will
immediately clean up any Solid Waste that it spills or scatters, including Solid
Waste tracked onto any alley, street, or public place when transporting Solid
Waste.
b) Leaks.
i. Contractor will prevent oil, hydraulic fluid, paint, or other liquid from
leaking out of vehicles. Contractor will train its employees to, and its
employees shall, immediately cover leaked fluids with absorbent materials,
remove those materials from the ground, and apply cleaning agent to cleanse
the soiled spot.
ii. Contractor will keep a log of spills that indicate the material spilled, quantity,
and remedial actions taken. Contractor will immediately report any spills
entering or endangering any waterway or storm drain.
3. City Reimbursement Costs. If Contractor fails to clean up Solid Waste or liquids
within 2 hours after receiving notice from the City of the spill or leak, City may clean
up the spill or leak. Upon the City’s request, Contractor will reimburse City for
City’s reasonable costs of cleaning up the spill or leak.
4. Vehicle equipment. Contractor will equip each Collection vehicle with the
following items for cleaning up litter and leaks:
a) broom,
b) rake,
c) shovel,
d) petroleum absorbent materials, and
e) cleaning agents.
D. Respect for Property
1. Private Property. Contractor will use due care collecting solid wastes under this
contract, avoiding damage to private property. Within 2 City Business Days, upon
receiving notice of any damage to Customer's property by phone or other medium,
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Contractor will determine whether or not the damage to Customer's property was
caused by the inattention, carelessness, or negligence of Contractor's employees. If
Contractor determines that it was responsible for damage, within 5 City Business
Days of making its determination, Contractor will reimburse Customer the
Customer’s reasonable and direct costs of repair or replacement of damaged property
to the extent damaged by the Contractor. If Contractor determines that it was not
responsible for damage, within 5 City business days of making its determination,
Contractor will provide the Customer and City with reasons for its determination and
documentation supporting that determination. If Contractor and Customer are unable
to agree on the determination of responsibility for damages, the City may resolve the
dispute at City’s discretion.
2. Receptacles. Contractor will handle Receptacles with due care. Contractor will not
throw or drop Receptacles from trucks or roughly handle, damage, or break them.
Contractor will return Receptacles to within 5 feet of the location from where they
were picked up by Contractor's employees, upright, with lid closed, without
obstructing any passable driveway, sidewalk, or street.
3. Pavement. Contractor is responsible for damage to driving surfaces or other
pavement (including curbs), other than ordinary wear and tear, if City or Customer
can demonstrate the following to satisfaction of City:
a) that the damage is the result of Collection vehicles exceeding the legal maximum
weight limits allowed under applicable law, or
b) Contractor negligently operated vehicles or moved Receptacles.
However, Contractor may secure a waiver of damage liability and/or Indemnity in a
form satisfactory to City if Customer specifically directs Contractor to drive on
private driveways or pavement in the course of providing Collection.
4. Utilities. Contractor is responsible for damage to public and private utilities and
pavement, whether located on public streets or property or private property, when
City or Customer can demonstrate to satisfaction of City that the damages are the
result of the inattention, carelessness, or negligence of Contractor. City or Customer,
as the case may be, may direct Contractor to as soon as practicable based on the
nature of the damage, repair or replace the damaged pavement or utilities to
satisfaction of Customer or City, as the case may be, or repair and replace them itself
or through a third party. In that event, Contractor will reimburse Customer the
Customer’s reasonable and direct costs of repair or replacement and City its
reimbursement costs of repair or replacement, as the case may be.
E. Vehicles and Drivers. Contractor’s vehicles and Drivers shall comply with the
requirements found at Schedule 17.
3.09 Title to Solid Waste. This Contract does not purport to grant Contractor ownership over
Solid Waste. The right to possession or ownership of Solid Waste discarded at the Set-out Site
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for Collection, including Recyclables, will be determined as required by applicable law and not
as a result of this Contract.
3.10 Personnel.
A. Identification, Appearance, Conduct. Contractor will train and require each of its
personnel to:
1. present a neat, tidy and orderly appearance with uniforms preferred.
2. conduct his or her self in a courteous manner.
3. refrain from using loud or profane language.
4. perform Collection as quietly as possible.
B. No Gratuities. Contractor will not permit its personnel to demand or solicit, directly or
indirectly, any additional compensation or gratuity from Customers or any members of
the public.
3.11 Responsiveness to City.
A. Phone calls. Contractor will return telephone calls from City to the individual who made
that call no later than the next City business day.
B. Meetings. Within one week of oral or written direction by City, Contractor will meet
with the City during City office hours at the offices directed by that City.
1. E-mails. Contractor will respond to all e-mails from City within 48 hours of receipt
except on weekends and Holidays.
2. Written correspondence. Contractor will respond to written correspondence from
City within one week of receipt or other time specified by City.
3.12 Cooperation with Waste Studies. Contractor will cooperate with City on all waste
composition studies conducted no more frequently than once each Contract year, at no cost to
City, including modification of routes, separate Collection of an individual Customer's Solid
Waste, and delivering targeted loads of Solid Waste to a location or locations designated by the
City.
3.13 Disposal of Solid Waste from Multi-family Properties Served by Dumpsters.
Contractor shall Collect and Dispose of Solid Waste from multifamily properties served by
dumpsters instead of containers at the rate established in Schedule 1 for each location.
Contractor is encouraged to take Recyclables from these locations to the Designated MRF.
ARTICLE 4. CONTRACTOR SERVICE FEE
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4.01 Contractor Service Fee. The City will compensate Contractor the Contractor service fee
for providing Contract services in compliance with all Performance Obligations. The City
shall pay Contractor as provided on Schedule 1, Items A.1, A.2 or A.2.a. B.2, C.1-C.3, D.1,
D.2 and E.1. The monthly total charged for Collection and Receptacles shall reflect changes
to the number of Residential Customers. The rate shall be adjusted annually as provided in
this Article.
4.02 Inclusiveness. Contractor service fee includes all Contractor's direct costs, indirect costs,
plus profit or return of investment for providing Contract services, including:
A. labor (including wages and fringe benefits), including drivers, Customer service
personnel, supervisors, and administrators,
B. acquisition, repair, and maintenance of Contract Service Assets (including but not limited
to vehicles, equipment, buildings and grounds, and Receptacles),
C. tools and supplies,
D. fuel and utilities,
E. insurance premiums and fees for the letter of credit, performance bond or any further
assurance of performance,
F. taxes,
G. securing and maintaining permits and complying with applicable law,
H. fines and penalties for violation of permits or applicable law,
I. following all Contractor established protocols,
J. Contractor’s negligence or misconduct,
K. fees imposed by regulatory agencies, which are included in the Contract fee, and
M. any other cost of providing Contract services not explicitly compensated by surcharge to
Residential Customer or charge to the City.
Reference in this Contract to providing Contract services “without surcharge” or similar
language does not infer that absence of such reference elsewhere in this Contract means
Contractor is entitled to compensation in addition to the Contractor service fee listed on the
Contractor service fee schedule or explicit reference to reimbursement of direct costs or
Contractor’s reimbursement costs.
4.03 Annual Rate Adjustment. The actual annual rate adjustment will be calculated as
described in § 4.04 below, but shall not exceed the maximum annual rate adjustment of 3.0
percent (%) as provided by the Contractor’s proposal.
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4.04 Calculation of Annual Rate Adjustment.
At the end of the first year of the original term (December 31, 2016) and at the end of each
calendar year thereafter, the amount for items described in Form 1A, Schedule A and E will be
adjusted annually. The Annual Rate Increase adjustment for any one year shall be a minimum
percentage as shown on Form 1A, Schedule C1 but no greater than the percentage as shown on
Form 1A, Schedule C2 well as any increases in federal, state and/or local fees affecting the
collection of any refuse/recycling material. Subject to the foregoing, the ARI adjustment shall be
determined in accordance with the change in the Consumer Price Index” using the National CPI-
U Index published by the Bureau of Labor Statistics Consumer Price Index (August to August)
using the August Index published on or about September 15, 2015, as the base date and
comparing it with the “Consumer Price Index” (National CPI-U Index) published in September
of subsequent years. In each case annually, at the end of each calendar year, the amount payable
shall be adjusted in accordance with the foregoing only once for each annual period. Said
changes, based on the CPI-U Index shall be reflected in the monthly payments commencing with
January, 2017.
B. Diesel Fuel Surcharge.
Rates are subject to a diesel fuel surcharge regardless of the vehicle’s engine type
being used for collection. This surcharge establishes a base fuel price of $4.00 per
gallon. For each $.10 per gallon increase above the base fuel price the monthly rate
will increase the percentage as shown on Form 1A Schedule C3. This adjustment will
be made on a monthly basis. The average diesel fuel price will be taken from the
Energy Information Administration of the United States Department of Energy
(DOE) Midwest Region http://tonto.eia.doe.gov/oog/info/wohdp/diesel.asp on or
about the 15th of each month (for that month’s invoice). The fuel surcharge will be
reviewed monthly, and if applicable, be billed as a separate line item on the invoice.
If mutually agreed by the parties, a different source may be used to determine the
average diesel fuel price.
C. Rounding.
1. Calculations. Calculations must be rounded up or down to the nearest
1/100th decimal place (for example, 17.674 is rounded to 17.67; 17.678 is
rounded to 17.68). 5 must be rounded down (for example, 101.965 to 101.96).
2. Dollars. Adjustment in Contractor service fee must be rounded to nearest
penny.
D. Submission of Annual Rate Adjustment. Contractor will prepare a statement setting
forth Contractor’s detailed calculation of Contractor’s requested annual rate
adjustment in Contractor service fee using a format prescribed by City and submit the
same no later than December 15th.
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E. Applicable Cost Components. The annual rate adjustment will apply only to that
portion of the total fee associated with Collection, transportation, and Disposal of
materials. The annual rate adjustment will not apply to the Yard Waste Drop Off Site
or monthly charges related to the provision of Receptacles.
4.05 Invoices.
A. Invoices shall be submitted by the Contractor for Service provided through the end of
the month, on a form to be specified by the City. The application for payment shall
identify any changes to the scope of services, such as number of households, during
the month.
B. The City’s Representative will review invoices for payment and contact Contractor
regarding discrepancies or errors. City will pay invoice 30 days from receipt except
for any unresolved discrepancies or errors. City shall not pay invoice with a credit
card and if so chooses, shall reimburse Contractor all transaction fees associated with
transaction.
C. The City’s Representative’s approval of any invoice, shall constitute a representation
to the City’s Governing Body that the conditions precedent to the Contractor being
entitled to payment as set forth herein have been fulfilled. The City may refuse to
approve, in whole, or in part, a payment application, if, in his/her opinion, he/she is
unable to make the representation to the City’s Governing Body that all conditions
precedent to the Contractor being entitled to payment have been satisfied. The City’s
Representative may also refuse to approve any such payments, or, because of
subsequently discovered evidence or the results of subsequent inspections or tests,
nullify any previous approval of such payment, to such extent as may be necessary in
his/her opinion to protect the City from loss because:
- the work is defective,
- claims have been filed or there is reasonable evidence indicating the possible
filing thereof; or
- the Contract fee has been reduced because of a change, or modification, of the
Performance Obligation.
D. Any reimbursement due to the City, other than Liquidated or Compensatory Damages,
shall be subtracted from the amount owed to Contractor when paying the invoice. The
reason or purpose for the reimbursement shall be explained in writing by the City along
with the City’s payment.
ARTICLE 5. COMPLIANCE WITH APPLICABLE LAW
5.01 Compliance. Contractor shall comply with all applicable laws, including securing and
maintaining all permits. No Performance Obligation may be construed to relieve Contractor of
any obligations imposed by applicable law. Contractor will apply and pay for any permits at
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Contractor’s sole cost. Contractor will show proof of permits and will demonstrate compliance
with the terms and conditions of permits promptly at the request of City.
5.02 References. References in this Contract to particular provisions or requirements of
applicable law may not be construed to limit Contractor’s obligation to comply with all
provisions of applicable law. Those references are intended to facilitate Contractor’s satisfaction
of its Performance Obligations and City’s administration and specific enforcement of this
Contract and may not be construed to constitute lack of obligation to comply with other
provisions or requirements of applicable law not specifically referred to or cited in this Contract.
If any provision of this Contract is more stringent than applicable law, Contractor will comply
with that provision, unless preempted by that law.
5.03 Fines and Penalties. Contractor is solely liable for all fines and penalties that are imposed
on Contractor or due to Contractor’s actions, including fines and penalties that are the result of
Contractor’s violation of applicable law (including permits). Contractor will not seek
reimbursement from City or any Customer for any fines or penalties.
5.04 City's Protection of Public Safety, Health, and Welfare. Contractor warrants and
represents that it is fully acquainted with the provisions of the City Code. No provision in this
Contract may be deemed to limit City’s police power to take any action that City deems
necessary or appropriate in its sole discretion to protect the public's safety, health, and welfare.
ARTICLE 6. RECORDS, REPORTING AND AUDITS
Contractor acknowledges City’s right to review Records and receive reports, for the purposes of
enforcing Customers’ rights, evaluating Contractor's performance under and compliance with
this Contract, exercising City’s rights to perform, or cause a third person to perform,
Contractor’s Performance Obligations in certain events, such as defaults and Uncontrollable
Circumstances; and determining and corroborating the amount of any Contractor Payment
Obligation.
6.01 Records
A. Maintenance. Contractor will keep accurate and complete Records. Contractor will
grant access to those Records to any person duly authorized by City.
B. Preservation and Retention. Contractor shall accurately preserve and retain Records
for 7 years in accord with 19.21, Wis. Stats. Any Record which is still required to be
retained at the termination of this Contract or any extension thereof, shall be turned
over to the City at that time.
C. Response to Open Records Request.
1. Pursuant to the requirements of §19.36 (3), Stats., that the City shall make available
for inspection and copying under §19.35 (1), Stats., any record produced or
collected under a Contract entered into by the authority with a person other than an
authority to the same extent as if the record were maintained by the authority except
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for the inspection or copying of a record under § 19.35 (1) (am), Stat., the
Contractor shall provide to City within 7 City Business Days any Record it requests
so that the City can comply with an Open Records request.
2. Indemnification. In addition to, and not to the prejudice or exclusion of anything
under this Agreement or any documents incorporated by reference in this
Agreement, Contractor will indemnify and save City harmless from, accept tender
of defense of City, and pay to City, all liabilities and losses asserted against or
imposed on the City or City Related Parties based on any of the following:
a. Contractor failing to provide City with requested Records upon City request,
or
b. City failing to timely respond to a Records request due to Contractor’s failure
to timely provide Records under this Article.
D. City Custody. If the City has reason to believe that records may be lost, discarded or
destroyed for any reason, the City may require that Contractor give City custody of any
or all Records related to this Contract.
E. City Inspection and Audit.
1. Location. Upon 3 City Business Days advance telephonic or written request by City,
Contractor will provide copies of Records to City and its designees for inspection,
review, or audit at the City’s offices. If Contractor cannot provide the City with
copies of Records within 3 City Business Days, Contractor will make those Records
available to the City or its designees for inspection, review, or audit at Contractor’s
office during Contractor’s office hours.
2. Scope of inspection or audit. City may do any or all of the following:
a.) inspect and review Records at any time following notice under subdivision (1)
above, or
b.) audit Records once each Contract year,
including verification of any of the following:
a.) any Contract fees,
b.) Solid Waste Tonnage Collected, processed, Diverted, or Disposed,
c.) Customer complaint logs, and
d.) other Records that confirm compliance with Performance Obligations.
Upon request, Contractor will provide City or its designees with any additional
information (such as primary Records supporting reports) relevant to this Contract within
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5 City Business Days. Any action by City against Contractor for charges paid to
Contractor by LUG must be brought within one year of the date of ay alleged wrongful
act or disputed payment.
3. City’s Audit Reimbursement Costs. The Contractor will reimburse the City the costs
it incurs for conducting an audit in the following instances. For purposes of this
paragraph, “discrepancy” means the difference between Records and the following:
a) any amounts Contractor paid to the City or
b) Tonnage or amounts of Solid Waste (by type) that Contractor reported to the City
for a Contract year.
• Discrepancy 3% or more. If the discrepancy is 3% or more, Contractor will
pay City’s reimbursement costs for the audit.
• Discrepancy less than 3% but more than 1%. If the discrepancy is less than
3% but more than 1%, Contractor will pay ½ of City’s reimbursement costs for
the audit.
• Discrepancy 1% or less. If the discrepancy is 1% or less, Contractor is not
obligated to reimburse City’s costs for the audit.
c) In the case of a discrepancy, the City shall share the results of its audit with
Contractor and the parties shall refund or reimburse the other for over/under
charges in the next monthly invoice after the audit is complete and given to the
Contractor.
F. Updated Inventory. Within 10 Days of City request, Contractor will update all or a
portion of its inventory of Contract Service Assets included in Contractor Documentation
to reflect acquisition or replacement of Contract Service Assets.
6.02 Service Materials Use by City. City may use without restriction the work product,
whether computerized, written, printed, or photographic, that Contractor develops in connection
with Contract services, including route plans, reports, and public education / community
relations materials.
6.03 Reporting.
A. Monthly. Contractor will deliver a complete monthly report to the City and the County in
a single submission and in a form prescribed by the City no later than the 20th day of the
following month, including, but not limited to the information required by Wisconsin
Administrative Codes NR 502.06(4)(g) and NR 544.10(2)(d), utilizing the forms found at
Schedule 15.
B. Annual. Contractor will submit a complete Annual Report to the City and the County in
a single submission and in form prescribed by the City no later than 45 days after the end
of each year, including the information required by Wisconsin Administrative Code NR
544.10(2)(d), for the preceding Contract year utilizing the forms found at Schedule 15.
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C. Additional Information. Contractor will incorporate into future reports additional
information as requested by the City.
D. City Reports. Each month the City shall provide the Contractor the address for each new
Residential Customer so that Contractor can deliver Recycling Receptacle to Customer
by next Collection day. The City shall also notify the Contractor if there is a decrease in
Residential Customers due to the termination of residential use.
6.04 Financial Records and Reports.
A. Maintenance of Records.
1. Content. Contractor will maintain accurate and complete financial Records of the
following:
a.) payments to City including Contractor Payment Obligations
b.) costs and expenses associated with providing Contract services, whether by
Contractor or an Affiliate.
Contractor may maintain financial Records associated with Goods or services provided
by an Affiliate in the office of the Affiliate but will provide City with a copy of those
Records within 10 City Business Days of City request.
2. Form. Contractor will maintain its financial Records on an accrual basis and as
required by generally accepted accounting principles.
B. Contractor’s audited financial statements.
1. Contractor’s annual submission. Together with the annual report, Contractor will
deliver to City 1 copy of Contractor's most recent audited financial statements,
including the following:
a.) any accompanying statement or opinion by the accountant who prepared them
respecting that accountant’s audit,
b.) representation and warranty of a knowledgeable financial officer of Contractor
that the information is accurate and complete and does not contain any material
misstatements or omissions, and
c.) representation and warranty of a knowledgeable officer of Contractor that there
is no then existing breach other than any disclosed breaches.
C. Review and meet. City and its designees may review the accountant’s audit plan and
work papers. Contractor and its accountant(s) will meet with City and its designees, to
answer questions or discuss differences of opinion within two (2) weeks of City's
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request.
6.05. RIGHT TO INSPECT AND AUDIT OPERATIONS
The City reserves the right to inspect and/or audit all Contractors operations, vehicles, equipment
and routes related to the performance of this Contract. Such inspections shall only be undertaken
by City to assure that the Contractor is complying with the terms of the Contract, applicable law,
and applying best efforts to attain the goals of this Contract as stated in the Request for Proposal.
For any inspection of the Contractors’ facilities, the City will provide five (5) City Business
Days notice.
6.06 Customers' Privacy.
A. Protection of Customer privacy.
1. Non-Disclosure. Contractor will not disclose to any person other than the City or its
designee any information identifying the following:
a) an individual Customer, or
b) the composition or contents of a Customer's Solid Waste,
unless
a) upon the authority of a law or order or request of a regulatory or government
entity, or
b) pursuant to written authorization of the Customer or the City.
2. No marketing. Contractor will not market or distribute mailing lists with the name or
address of Customers.
B. Cooperation with City. Subsection (1) may not be construed to preclude Contractor
from doing any of the following:
1. preparing, participating in, or assisting in the preparation of waste characterization
studies or waste stream analyses that may be required by the City or applicable law,
2. assisting City to meet the requirements of the recycling program and applicable law,
3. keeping Records,
4. providing the City with a copy of Records or discussing those Records with the City,
5. allowing the City to review or audit Records, or
6. making reports.
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ARTICLE 7. INDEMNITIES, INSURANCE, SURETY
7.01 Insurance
A. Coverage Requirements. Without limiting its Indemnities, Contractor will secure and
maintain insurance coverage meeting the requirements in this section. The City, its
boards, commissions, agencies, officers, employees and representatives must be named as
additional insured with respects to the coverage and so stated on the certificate of
insurance for all policies.
i. Worker’s Compensation and Employer’ Liability insurance – Statutory
worker’s compensation benefits and employers’ liability insurance with a
limit of liability not less than $100,000 each accident. Contractor shall
require subcontractors not protected under its insurance to take out and
maintain such insurance.
ii. Commercial General Liability insurance– Policy shall provide coverage
for premises and operations, products and completed operations, personal
injury and blanket Contractual coverage. Limits of liability are not less
than $1,000,000 per occurrence and aggregate. No claims-made polices
will be accepted.
iii. Automobile Liability insurance – Business automobile policy covering all
owned, hired and non-owned private passenger autos and commercial
vehicles. Limit of liability not less than $1,000,000 combined single limit.
Policy shall be issued with a Symbol 1.
iv. Umbrella Liability insurance – Coverage to be in excess of employers’
liability, commercial general liability and automobile liability insurance
required above. Limits of liability not less than $5,000,000 each
occurrence, $5,000,000 aggregate.
B. Insurer qualifications. Contractor will secure insurance provided by an insurer meeting
the following qualifications:
1. is acceptable to the City,
2. is an admitted company in Wisconsin,
3. has a size category of VII or larger by A.M. Best Company, Inc., and
4. has a rating of A or better by A.M. Best Company, Inc.
C. Insurance Coverage Requirements for Subcontractors. Contractor will ensure each
subcontractor performing Collection by providing evidence that either:
1. Contractor is maintaining insurance required by this section covering the activities of
the subcontractor, or
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2. the subcontractor is maintaining that insurance itself.
D. Evidence of Coverage. Contractor will provide endorsements, schedules, and other
evidence of coverage as listed below with respect to Contractor and any subcontractor
requested by and acceptable to the City, at the following times:
a. on or before the Contract execution date,
b. within two weeks upon renewal of policies, and
c. within 10 City Business Days of the City’s request.
a) Certificates of insurance. Contractor will provide certificates (or other evidence
of coverage) containing at a minimum, the following information with respect to
Contractor and any subcontractor:
(1) Contract name: explicitly identifying this Contract (for example, UNDER
DESCRIPTION OF OPERATIONS), and if necessary to secure Contractual
liability coverage as an “insured Contract” or otherwise, including a schedule
or endorsement that specifically identifies this Contract;
(2) Types, policy numbers, policy effective / expiration dates and limits:
explicitly reference each type and corresponding limit of coverage required
under this Contract, together with the following:
• policy numbers,
• effective / expiration dates, and
• The certificate of insurance must specifically reference the required type of
coverage (such as “pollution liability” under TYPE OF INSURANCE –
OTHER) together with a summary description of its coverage (such as
“pollution conditions caused by transported cargo” under SPECIAL
PROVISIONS);
(3) 30 days’ cancellation or non-renewal notice: containing the express
condition that City must be given written notice by mail at least 30 days in
advance of cancellation or non-renewal for all policies evidenced on the
certificate of insurance. Certificate of insurance cannot contain mere "best
effort" modifiers or relieve the insurer from its responsibility to give that notice
and the CANCELLATION information on the certificate of insurance must
delete language such as “failure to do so shall impose no obligation or liability
of any kind upon the insurer, its agents, or representatives”.
(4) Deductibles and self-insured retentions: identifying any deductible and self-
insured retention. Upon City request, Contractor will reduce any self-insured
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retention as it applies to any City or provide a letter of credit, certificate of
deposit, or other financial assurance acceptable to City guaranteeing payment
of all retained losses and related costs and expenses related to investigations,
claims administrations, and legal defense. The letter of credit or certificate of
deposit must be provided by a bank satisfactory to City; and
b) Endorsements: Contractor must provide copies of the following endorsements
applicable to all policies except workers compensation and employer’s liability
with respect to Contractor and any subcontractor satisfactory to the City:
(1) additional insured endorsement to each liability policy, explicitly adding City’s
Related Parties as additional insured;
(2) waiver of subrogation;
(3) insurance is primary and not contributory with any other insurance or self-
insurance programs maintained by City and its officers and employees;
(4) providing dedicated limits under a liability policy in favor of City.
c) Schedules: Contractor must provide schedules or other evidence that liability
policies of Contractor and any subcontractor provide Contractual liability
coverage for indemnities, such as listing this Contract as an “insured Contract.”
d) Signature verification. At City’s request, Contractor must provide
documentation verifying that the individual signing or countersigning the
certificates, policies, endorsements, or other evidence of coverage of Contractor
and any subcontractor is authorized to do so and identifies his or her company
affiliation and title. The City may require complete, certified copies of
Contractor's insurance policies at any time.
C. Notice of claims. If any Person makes a claim against Contractor or any subcontractor
relating to the provision of services under this Contract exceeding the amount of any
deductibles or self-insured retentions, Contractor will notify the City of the claim within
5 City Business Days.
7.02 Contractor Indemnity, Defense, and Release
A. Liabilities and Losses means liabilities; lawsuits; claims; complaints; causes of action;
citations; investigations; demands; clean-up orders; damages (including actual, special,
consequential, and punitive) whether in Contract or in tort, such as natural resource,
property, and personal injury damages; costs and expenses, including (1) all costs and
expenses of litigation, mediation or arbitration, attorney’s fees (whether City’s or
Contractor’s staff attorneys or outside attorneys), expert witness fees, accountant’s fees,
engineer’s fees, consultant’s fees, and court costs, and (2) response remediation and
removal costs; losses; debts; liens; mediation, arbitration, legal, or administrative
proceedings; interest; fines, charges, and penalties; and other detriments of every nature
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and description, whether under state or federal law.
B. General. To the extent allowable under applicable law, Contractor shall indemnify,
defend with counsel approved by the City, release, and hold harmless City and City’s
Related Parties from and against all liabilities and losses paid, incurred, or suffered by, or
asserted against, City or City’s Related Parties, but only to the extent that those liabilities
and losses are caused by the following:
1. Contractor Negligence or Misconduct. The wrongful, willful, or negligent act, error
or omission, or the misconduct of Contractor;
2. Non-Customer Materials. The Collection, transporting, delivery, Recycling,
processing, composting, Disposal, or other handling by Contractor of Solid Waste and
Unpermitted Waste that Contractor Collects outside the Contract Service Area or
from persons other than Customers;
3. Failure to Comply with Unpermitted Waste Screening Protocol. The failure of
Contractor to train its employees as required by applicable law and the Unpermitted
Waste screening protocol;
d. Contractor-identified Unpermitted Waste. The improper or negligent Collection,
handling, delivery, processing, Recycling, composting, or Disposal by Contractor of
Unpermitted Waste that Contractor inadvertently Collects but that Contractor
identifies as Unpermitted Waste before its delivery, processing, Recycling,
composting, or Disposal.
City acknowledges that the mere presence of Hazardous Waste in Solid Waste will not
constitute negligence or in and of itself create any liability on the part of Contractor
absent any of the circumstances described in items (1) through (4) of this subsection.
C. City Negligence Excluded. Contractor is not required to reimburse or indemnify City to
the extent any liabilities or losses are due to the negligence of City with respect to
Contract services.
D. Indemnity During Term Only. Contractor’s Indemnity is limited to liabilities and losses
resulting from Contract services provided by Contractor from the Contract execution date
through the termination date. However, CONTRACTOR’S OBLIGATIONS UNDER
THIS SECTION WILL SURVIVE THE EXPIRATION OR TERMINATION OF THIS
CONTRACT
E. Statutory Agreement. Contractor’s Indemnity described under this section is intended to
operate as an agreement under 42 U.S.C. Section 9607(e) and any corresponding
applicable law provisions of Wisconsin, to insure, release, protect, hold harmless, and
indemnify City from liabilities and losses as required by this section. (for example, a
driver accepting a Customer bribe and illegally disposing of Unpermitted Waste that
upon identification thereof, must be segregated and transported as required by
applicable law).
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F. Reimbursement of Enforcement Costs. If Contractor fails to pay any indemnities and
that failure results in any costs to City, within 15 City Business Days of City request,
Contractor will reimburse the City for those costs.
7.03 Surety Instrument. Contractor will provide a performance bond (Bond) from an
insurance company licensed to transact business in the State of Wisconsin. The surety
instrument must authorize the beneficiary City to draw, in one or more drawings, not less than 12
months of the estimated service costs of the City. City may draw on the surety as evidenced to
the satisfaction of the City when there is a default as in §8.02.
The surety instrument must expire on the date on which the Bank or insurance receives a
certificate from the City saying that:
A. this Contract has expired, or
B. this Contract has been terminated for a period of 180 days or other preference period
provided under applicable law with respect to bankruptcy or insolvency, or
C. Contractor has substituted an alternative letter of credit, performance bond, or other
security document acceptable to the City in the City’s sole discretion, and
D. Contractor does not owe City any money.
THIS SECTION WILL SURVIVE THE TERMINATION OF THIS CONTRACT. The surety
instrument must be transferable to any successor or assigns of the City.
7.04 Assurance of Performance. In its sole discretion and in addition to all other remedies it
may have, City may demand from Contractor reasonable assurances of full satisfaction of
Performance Obligations by a specified date, in any or all of the following events:
A. Labor unrest: Contractor is the subject of any labor unrest (including work stoppage or
slowdown, sick-out, picketing, lock-out, or other concerted job action) in excess of 6
days;
B. Monetary judgments: Contractor is the subject of fines, penalties, or civil or criminal
judgment or order entered by a regulatory authority, which judgment is in excess of the
past 12 months’ Contractor service fees or requires estimated expenditure by Contractor
in excess of those 12 months’ Contractor service fees.
ARTICLE 8. BREACHES, DEFAULTS AND REMEDIES
Contractor acknowledges that City may enforce this Contract and exercise its remedies under
this Contract in its sole discretion.
8.01 Certain Breaches, Liquidated Damages, and Specific Compensatory Damages
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A. Notice. If City determines that Contractor is in breach, City may assess compensatory
damages or liquidated damages after giving notice to Contractor identifying and
describing the breach. Contractor will pay damages within 20 days of receiving the
notice of assessment.
B. Dispute. Contractor may dispute the assessment of compensatory damages or liquidated
damages by notice to City within 20 days of receiving the notice of assessment, but will
pay assessed compensatory damages or liquidated damages pending resolution of its
dispute. In that notice of dispute, Contractor must describe the basis for its dispute and
include relevant documentation. The chief administrative officer of City or his or her
designee will review the notice of dispute and make a determination as soon as
practicable. His or her determination will be final. If he or she determines that the City
should not have assessed all or a portion of the compensatory damages or liquidated
damages, the City will return all or a portion of the compensatory damages or liquidated
damages to Contractor. Contractor acknowledges that compensatory damages and
liquidated damages do not constitute fines and penalties imposed by City as a
governmental or regulatory entity, but as a Contracting party.
8.02 Defaults. Each of the following acts or omissions described in this Section constitutes a
default under this Contract:
A. Contract Service Defaults:
1. Uncured Breach: Contractor breaches this Contract; and
a) the City notifies Contractor that an identified breach has occurred; and
b) Contractor does not correct that breach within 20 days of receiving the City’s
notice.
If Contractor believes that it cannot cure the breach within 20 days, Contractor
a) may notify the City within 5 days of receiving the City’s notice, explaining why
Contractor believes it needs additional time to effectuate a cure and proposing
schedule for cure, and
b) will diligently proceed to cure the breach within that schedule.
The City, in its sole discretion, may take any of the following acts:
a) accept Contractor's proposed schedule of cure, or
b) make a written demand that Contractor cure the breach within an alternative time
period set by the City, or
c) exercise any remedies under this Contract, including terminating this Contract at
the end of the 20 day period.
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2. Repeated Breach. Contractor repeatedly or habitually breaches this Contract, as
determined in the sole discretion of the City.
3. Contract Service Failures
a) Contractor fails to Collect the following percent of pickups (regularly scheduled
or by appointment) at Customers’ Set-out Sites (subject to Collection Service
Exceptions):
(1) 10% or more for more than 7 consecutive days,
(2) 5% or more during a 12-month period; City does not have to wait until the end
of the 12-month period to declare this Default, or
4. Failure to Comply With Law:
a) Violation
(1) Contractor does not cure any violation of applicable law to the satisfaction of
the City or applicable regulatory authority within 30 days of the notice,
assessment, or determination of that violation of applicable law; or
(2) Repeated. Contractor repeatedly, in judgment of City, receives a notice,
assessment, or determination of the same or different violation of applicable
law.
b) Contests. If Contractor is entitled to contest, and in good faith does contest a
notice, assessment, or determination of violation of applicable law, no default will
be deemed to have occurred until a final decision adverse to Contractor is entered.
5. Criminal Activity: Contractor fails to effectuate cures or to timely terminate and/or
replace any Contractor Representative under Section 8.02.
6. Failure to Timely Pay Contractor Payment Obligation: Contractor fails to pay any
Contractor Payment Obligation within 15 days of the date it is due and payable.
7. Failure to Allow City to Perform Contract Service: Contractor fails to timely
allow City to exercise any of City’s rights in connection with performing Contract
services under § 8.09.
B. Performance Assurance Defaults
1. Failure to Provide Performance Assurance: Contractor fails to provide any
performance assurance.
2. Seizure, Attachment: Any Contract Service Asset is seized, attached, or levied upon
(other than a pre-judgment attachment) so as to substantially impair Contractor's
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ability to timely and fully perform Contract services, and which cannot be released,
bonded, or otherwise lifted within 48 hours, excepting weekends and holidays.
3. Insolvency, Bankruptcy, Liquidation:
a) Contractor:
(1) files a voluntary claim for debt relief under any applicable bankruptcy,
insolvency, debtor relief, or other similar law now or hereafter in effect,
unless Contractor retains full control of Contract Service Assets throughout
the pendency of that claim, or
(2) consents to the appointment of or taking of possession by a receiver,
liquidator, assignee (other than as a part of a transfer of Contract Service
Assets no longer used to provide Contract services), trustee (other than as
security of an obligation under a deed of trust), custodian, sequestration,
administrator (or similar official) of Contractor for any part of Contractor's
operating assets, or any substantial part of Contractor's property, or
(3) makes any general assignment for the benefit of Contractor's creditors, or
(4) fails general to pay Contractor's debts as they become due, or
(5) takes any action in furtherance of any of the foregoing.
b) Court Ordered:
(1) a court having jurisdiction enters a decree or order for relief in respect of this
Contract, in any involuntary case brought under any bankruptcy, insolvency,
debtor relief, or similar law now or hereafter in effect, or
(2) Contractor consents to or fails to oppose any similar proceeding, or
5. (3) any court having jurisdiction enters a decree or order appointing a receiver,
liquidator, assignee, custodian, trustee, sequestrator, administrator (or similar official)
of Contractor or for any part of Contractor's operating equipment or assets, or orders
the winding up or liquidation of the affairs of Contractor. Transfer: Contractor
makes a Transfer without City consent required by § 10.02.
6. Subcontract: Contractor engages a subcontractor or enters into a subcontract without
City knowledge and consent and does not terminate that subcontract within 15 City
business days of City notice.
C. False Representations; Breach of Warranties.
1. Under this Contract.
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a) Contractor makes a representation or certification in or under this Contract,
which Contractor knows, or in the course of diligently conducting business and
providing Contract services should have known, is untrue on the date Contractor
made it.
b) Contractor breaches a warranty under this Contract.
2. As inducement to enter into this Contract. Contractor makes a representation or
fails to make a disclosure, whether within this Contract or otherwise, to City in
connection with or as a material inducement to entering into this Contract or any
future amendment to this Contract, which representation or failed disclosure is false
or misleading in any material respect when made.
8.03 Breaches and Defaults Excused
A. Uncontrollable Circumstance/prevention and mitigation. To the extent that the default
is due to an Uncontrollable Circumstance, Contractor will not be deemed in default for
breach of its Performance Obligations under the following sections:
1. Section 8.02(A)(1) and (2) (uncured breach; repeated breach), except to the extent
that a breach constitutes a default otherwise itemized in Section 8.02, or
2. Section 8.02(A)(3) (contract service failures)
if Contractor exerted the following best efforts:
1. to prevent the breach, and
2. to mitigate the effects of the Uncontrollable Circumstance.
For example, if Contractor breaches the Contract by failing to provide insurance, which
breach constitutes a specific default under Section 8.02B, that breach is not excused by
an Uncontrollable Circumstance.
B. Contractor notice of Uncontrollable Circumstance. Contractor will give immediate
notice of an Uncontrollable Circumstance to the City, including:
1. Describing the breach for which Contractor seeks to be excused;
2. the expected duration of the Uncontrollable Circumstance;
3. the extent to which Contractor may curtail Contract services;
4. any requests or suggestions to mitigate the adverse effects of the Uncontrollable
Circumstance.
C. City’s Rights.
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1. Perform Contract services. Notwithstanding that a breach due to Uncontrollable
Circumstances does not constitute a default, after the continuance of the breach for 48
hours City may nevertheless, in its sole discretion, perform Contract services in the
Contract Service Area itself as allowed by § 8.09.
2. Exercise other remedies. After the continuance of any breach for 30 days, City may,
in its sole discretion, exercise any other remedy under this Contract, including
suspending or terminating this Contract as provided in § 9.01.
8.04 Remedies
A. As provided by law. Either party may exercise any and all remedies available under law
or equity for the other party’s breach of this Contract. A party’s exercise of any one
remedy, including City’s assessing liquidated damages, is not an election of remedies but
is cumulative with any other available remedies.
B. City’s additional remedies. In addition to exercising any remedy available under law or
equity, upon occurrence of a default, City, in its sole discretion, may exercise any or all
of the following additional remedies:
1. Terminate this Contract or any portion of Performance Obligations as authorized by §
9.01(A);
2. Suspend this Contract or any portion of Performance Obligations as authorized by §
9.01(B);
3. Perform Contract services as allowed by § 8.09;
4. Injunctive Relief / Damages seek to obtain injunctive relief and/or damages;
5. Damages: assess liquidated damages, compensatory damages and any other damages
under law, and
6. Financial Assurances: drawing on the Letter of Credit or Bond, demanding payment
under indemnities, or submitting claims under insurance.
D. Contractor Payment Obligations. City may Collect Contractor Payment Obligations
due and owing by Contractor to City by any or all of the following means:
1. demanding payment from Contractor,
2. drawing on the Letter of Credit or Bond if Contractor fails to pay an undisputed
Payment Obligations within 15 days after notice from the City,
3. submitting claims as an additional insured under insurance policies or under
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Contractual liability provisions of insurance policies, and
E. Dispute Resolution. The Parties available legal remedies notwithstanding, the Parties
agree to participate in good faith to resolve any dispute, claim or controversy arising out
of or relating to this Contract. If the dispute, claim or controversy is not resolved by
negotiation, the Parties may agree to participate in mediation in good faith prior to
exercising legal remedies. The Parties shall share equally in the cost of mediation.
8.05 Additional Compensatory Damages. Without limiting the City’s rights to seek
compensatory damages under § 8.01 or law, City may seek the following compensatory
damages:
A. Amounts equal to any Contractor Payment Obligations or other amounts that Contractor
has previously paid to City but are subsequently recovered from that City by a trustee in
bankruptcy as preferential payments or otherwise;
B. If City terminates this Contract for default, that City’s reimbursement costs to provide or
re-procure services in lieu of Contract services; and
C. If City terminates this Contract for default, City’s projected direct costs of replacing
services in excess of Contractor service compensation for the balance of the term
remaining if this Contract had not been terminated, as based on service fees under
replacement agreements for those services.
THIS SECTION WILL SURVIVE THE TERMINATION OF THIS CONTRACT FOR 180
DAYS OR OTHER PREFERENCE PERIOD PROVIDED UNDER APPLICABLE LAW
WITH RESPECT TO BANKRUPTCY OR INSOLVENCY. City may draw upon the Letter of
Credit, Bond, or any other available performance assurance to pay compensatory damages.
8.06 Waivers
A. Waiver of Breach. No waiver of any breach or default constitutes a waiver of any other
breach or default. Failure of City to enforce any provision of this Contract may not be
construed as a waiver of City’s enforcement rights. City’s subsequent acceptance of any
damages or other money paid by Contractor may not be deemed to be a waiver by City of
any pre-existing or concurrent breach or default.
8.07 Jurisdiction; Venue, Costs
A. Jurisdiction. Parties will bring any lawsuit arising out of this Contract in Wisconsin
State courts, which will have exclusive jurisdiction over those lawsuits.
B. Venue. Venue is made in and will be performed in courts sitting in Waukesha, WI,
to the extent permitted by Applicable law.
8.08 Enforcement Costs. Contractor will reimburse City upon request for either or both of the
following City’s reimbursement costs:
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A. investigating any alleged breach, when such investigation concludes that Contractor was
in breach, when appropriate in City’s judgment, or
B. incurred by City as a consequence of a breach.
8.09 City Right to Perform
A. Events. City may perform, or provide for the performance of, any or all Performance
Obligations such as Collection, transportation, and delivery of Solid Waste to the
Disposal facility upon the occurrence of either of the following events determined by the
City in its sole discretion:
1. Failure to Collect for 48 hours: Contractor, due to Uncontrollable Circumstances or
for any reason whatsoever, fails, refuses, or is unable to Collect any Solid Waste and
transport it to the Disposal facility or the designated Recyclables drop-off site, for a
period of 48 hours after the Collection was required under this Contract, and the City
determines in its sole discretion that there is a danger to the public health, safety, or
welfare; or
2. Suspension or termination of Contract: City suspends or terminates all or a portion
of this Contract.
B. Continuation. City has no obligation to continue performing or providing for the
performance of any or all Performance Obligations and may at any time, in its sole
discretion, cease to provide any or all Performance Obligation. However, City’s right to
perform or provide for the performance of any or all Performance Obligations will
continue until either of the following:
1. Resumption of Service: Contractor can demonstrate to the City’s satisfaction that
Contractor is ready, willing, and able to resume timely and full performance of all
Performance Obligations, or
2. Alternative service arrangements: City can make alternative arrangements for
providing services, in its judgment comparable to Contract services in scope and
price, which may include Contracting with another service provider.
C. notice. The City may give Contractor 24 hour oral notice that City is exercising any or
all of City’s rights under this Section. The oral notice will be effective immediately, but
within another 24 hours, City must confirm that oral notice with written notice.
E. Records. At the City request, Contractor will immediately provide the City or its
designees with immediate access to Contractor’s office at any time City it is exercising its
rights under this section with respect to those Records related to routing and Customers’
frequency and level of Contract Service.
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8.10 Liquidated Damages: Acknowledgement, Agreement and Confirmation.
Termination of this Contract for default and other remedies provided in this Contract are, at best,
a means of future correction and not remedies that make City whole for past breaches therefore,
the following liquated damages are available to the City.
Performance Standard Monetary Penalty
1 Failure to respond to Customers’ complaint(s) within the
specified time frame
$25 per occurrence per day
2 Reporting unresolved complaints as resolved $100 per occurrence
3 Chronic service failures - three (3) or more instances of the
same or similar problem at the same service address within
any ninety (90) day period.
$150 upon the 3rd occurrence; $50 per
occurrence thereafter
4 Commingling of Refuse, program Recyclables, Yard Waste,
or any other materials, unless approved by the City’s
Representative
$1,000 per occurrence. City also reserves
the right to recover excess State Tipping
Fee if a chronic pattern of commingling is
established.
5 Failure to deliver any Recycling Collected to the Designated
MRF
$1,000 per occurrence; repeat occurrences
may also result in termination of
agreement.
6 Failure to clean spillage or leakage (oil, hydraulic fluid, Solid
Waste, Recyclables, etc.) immediately or within 2 hours of
City notification.
$250 per occurrence in addition to
reimbursement §3.08.C.
7 Failure to repair or replace a Recycling Receptacle within
three (3) days of notification of disrepair
$100 per occurrence
8 Failure to provide a Recycling Receptacle to a new account
within 5 City Business Days of notification
$100 per occurrence
9 Failure to submit reports within required timeframes $100 per day
8.11 Compensatory Damages. If Contractor fails to deliver Recyclables to the Designated
MRF as required by §2.02, then in addition to assessing liquidated damages, City may in its sole
discretion assess the following compensatory damages, and Contractor will pay City the
following compensatory damages:
A. City’s reimbursement cost of enforcing or securing specific performance of Contractor’s
delivery obligation.
B. City’s reimbursement cost of State Tipping Fee.
ARTICLE 9. SUSPENSION OR TERMINATION
9.01 City Right to Suspend or Terminate
A. Termination Events. City may, in its sole discretion, terminate this Contract in whole or
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in part, in the following termination events:
1. Default: the occurrence of a default;
2. Uncontrollable Circumstances: the occurrence and continuance of an
Uncontrollable Circumstance under § 8.03(C);
B. Suspension Events. City may in its sole discretion suspend this Contract, in whole in or
in part, upon the occurrence of any Termination Event for no longer than 30 days.
During the suspension period Contractor will have the opportunity to demonstrate to the
satisfaction of City that Contractor can once again fully perform Contract services. If
Contractor so demonstrates to satisfaction of City in its sole discretion, City’s right to
suspend or terminate this Contract will cease and Contractor may resume providing
Contract services. If Contractor does not so demonstrate, City may terminate this
Contract and exercise its additional rights and remedies.
C. Notice. City will give Contractor a notice of termination or suspension effective at the
following times:
1. immediately or upon other period stated by City with respect to the following defaults
described in Section 7.02:
a) insurance), and
b) insolvency, bankruptcy, liquidation, to the extent permitted by applicable law
(insolvency, bankruptcy, liquidation), or
2. upon Contractor’s receipt of notice with respect to any of the following all other
defaults, unless City specifies an alternative date in the notice;
3. a date City specifies in the notice.
D. Suspension, Termination of a Portion of Performance Obligations: Reduction in
Fee. If City suspends a portion of this Contract or terminates some but not all Performance
Obligations, Contractor will continue to fully perform its obligations under the remaining
portions of this Contract which are not suspended or terminated, and the parties will
mutually agree upon an adjustment to the Contractor service fee to reflect actual reductions
in Performance Obligations.
9.015 Contractor’s Right to Suspend or Terminate. Contractor may, in its sole discretion,
terminate this Contract in whole or in part, if the City fails to provide payment for services under
Article 4 for 3 or more consecutive months.
9.0155 General Suspension or Termination Events. Either party may request termination or
suspension if the parties fail to agree on adjustments to Contractor service fee due to changes in
law as provided in § 14.02 (D).
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9.02 Criminal Activity
A. In this section the following terms are defined as follows:
Criminal Activity means any of the following:
A. fraud or criminal felony offenses in connection with obtaining, attempting to
obtain, procuring. or performing a public or private agreement related to
Recyclables, Yard Waste, Refuse, construction and demolition debris, garbage,
Refuse or any other Solid Waste, or MSW management services of any kind
(including Collection, hauling, transfer, processing, composting, or Disposal),
including this Contract ;
B. bribery or attempting to bribe a public officer or employee of a regulatory authority;
or
C. embezzlement, extortion, racketeering, false claims, false statements, forgery,
falsification or destruction of Records, obstruction of justice, knowingly receiving
stolen property, theft, or misprision (failure to disclose) of a felony; or
D. unlawful Disposal of hazardous, designated, or other waste; or
E. violation of the following:
1. securities or antitrust laws (such as laws relating to price-fixing, bid-rigging,
and sales and market allocation), and
2. unfair and anti-competitive trade practice laws, including with respect to
inflation of waste Collection, hauling, or Disposal fees.
Position of Influence means a position of authority or responsibility to directly or
indirectly administer, manage, direct, supervise, or oversee Contract services or this
Contract, including the following:
A. supplying Goods or services,
B serving as a member of the governing body of directors of Contractor or an
Affiliate,
C. serving as an officer of Contractor or an Affiliate,
D. reviewing or negotiating Contractor’s Contracts (including this Contract),
E. providing in-house legal services,
F. providing captive insurance or other performance assurance or security, and
G. providing Collection, Recycling, processing or Refuse Disposal, but
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excluding the following:
A. monitoring Contractor’s performance,
B. supervising Contractor’s finance and capital budget decisions, and
C. articulating general policies and procedures not related to Criminal Activity.
B. Notice. Contractor will immediately give notice to the City of either of the following
with respect to Contractor or any Contractor Representative:
1. conviction of a Criminal Activity or
2. plea of “guilty”, nolo contendere” or “no contest” to a Criminal Activity.
Contractor will promptly notify the City of any of those convictions or pleas with respect
to a Contractor Representative in a position of influence.
C. Cure. Upon the occurrence of any conviction or plea, Contractor immediately will do or
cause to be done both of the following:
1. terminate from present employment or remove from present office the offending
Contractor Representative who is an individual, or, with respect to a Contractor
Representative that is Contractor or an Affiliate, the individual or individuals
responsible for the Criminal Activity, unless otherwise directed or ordered by a court
or regulatory authority of competent jurisdiction and/or authority, and unless
termination would subject Contractor, an Affiliate or any of its Contractor
Representatives to substantial liability for breach of any labor agreement entered into
before this Contract execution date, and
2. refrain from employing or appointing that Contractor Representative who is an
individual or, with respect to a Contractor Representative that is Contractor or
Affiliates, the individual or individuals responsible for the Criminal Activity, from
any other position of influence.
D. City remedies. Upon the occurrence of either of the following events:
1. Contractor or any Affiliate fails to effectuate the cure described in § 9.02(C), or
2. the Criminal Activity is related to this Contract or occurs within the boundaries of
City (incorporated or unincorporated),
City may take any or all of the following actions:
a) suspend or terminate this Contract, or
b) impose other sanctions (which may include financial sanctions and any other
condition the City deems appropriate, short of suspension or termination) as it
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deems proper.
E. Limitations on Contractor Representative. No Contractor Representative may have
previously:
1. been convicted of a Criminal Activity, or
2. plead “guilty”, “nolo contendere” or “no contest” to a Criminal Activity.
ARTICLE 10. TRANSFER OR ASSIGNMENT OF CONTRACT
10.01 City Transfer. City may transfer this Contract to any of the following persons without
Contractor’s consent to a sanitation district, other joint power authority or other public entity
succeeding to the major portion of City’s Solid Waste management rights and obligations.
10.02 Contractor Transfer.
A. In this subsection, the term Transfer means any of the following:
1. selling, exchanging, or otherwise transferring ownership or control of Contractor
(through sale, exchange, or other transfer of outstanding stock, partnership shares,
equity interest, or otherwise) except to an Affiliate;
2. issuing new stock or selling, exchanging, or otherwise transferring 20% or more of
the then outstanding common stock of, or partnership shares or equity interest in,
Contractor, except to an Affiliate;
3. any dissolution, reorganization, consolidation, merger, re-capitalization, stock
issuance or re-issuance, voting trust, pooling agreement, escrow arrangement,
liquidation, buy-out, or other transaction which results in a change of ownership or
control of Contractor except to an Affiliate if pursuant to an internal corporate
reorganization;
4. insolvency or bankruptcy, making assignment for the benefit of creditors, writ of
attachment of an execution, being levied against Contractor, appointment of a
receiver taking possession of any of Contractor’s tangible or intangible property;
5. any sale or other transfer of 50% or more of the value of assets of Contractor except
for sales or transfers to, an Affiliate, parents, grandparents, siblings, children, and
grandchildren of persons having a shareholder, partnership or other equity interest in
Contractor on the Contract execution date ("Immediate Family") or trust created
primarily to benefit members of the immediate family;
6. assumption of any of Contractor's rights under this Contract, or assumption by,
delegation to, or takeover of any Performance Obligations or any other Contractor's
duties or responsibilities under this Contract by any person other than Contractor
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(except to an Affiliate), whether by subcontract (unless approved by City under §
10.01) or any other mechanism.
B. Contractor acknowledges that Contractor submitted evidence to City with respect to
Contractor’s experience, expertise, and qualifications to provide Contract services, and
that Contractor’s experience, expertise, and qualifications were material considerations of
City in entering into this Contract with Contractor. Therefore, Contractor shall not
without City consent, given in City’s sole discretion, Transfer in whole or in part,
voluntarily or involuntarily, any of the following:
a) this Contract,
b) any rights or duties in this Contract or under the Contract,
Contractor may not circumvent City’s consent rights by securing goods or Contract
services from a subcontractor.
C. Contractor request. Without obligating City to give consent, Contractor will
demonstrate to City’s satisfaction that the proposed transferee has the operational and
financial ability to satisfy Performance Obligations. City is not obligated to consider any
proposed Transfer by Contractor if Contractor is in breach at any time during City’s
consideration.
D. Novation. If City consents to Transfer of this Contract, it will execute a novation under
which the person which is the transferee Contractor assumes all of the rights and
Performance Obligations of the transferor Contractor.
ARTICLE 11. INTERPRETATION OF CONTRACT
11.01 Specifics no limitation on generalities. The mention of any specific duty or liability
imposed upon Contractor may not be construed as a limitation or restriction of any general
liability or duty imposed upon Contractor by this Contract or applicable law.
11.02 Integration. This Contract contains the entire agreement between the parties with respect
to their rights and obligations under this Contract except as provided below, there are no
Contracts or understandings between these Parties other than those written or specified in this
Contract. The entire agreement of the Parties with respect to the transactions contemplated
herein is contained in the documents listed below. The documents listed below are incorporated
into and together comprise all terms of this Contract:
(a) This Contract and all Schedules attached;
(b) The Request for Proposal (RFP) including amendments thereto.
In the event of any conflict in any of the terms of the foregoing, the order of priority of such
terms shall be in descending order of the above list.
11.03 Governing Law. This Contract is governed by, and construed and enforced as required by,
the applicable laws of the State of Wisconsin.
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11.04 Severability. If any clause, sentence, provision, subsection, section, or article of this
Contract or exhibit or attachment to this Contract is ruled unconstitutional, illegal, invalid, non-
binding, or unenforceable by any court of competent jurisdiction, then the parties will take the
following actions:
A. promptly meet and negotiate a substitute for the Contract provision and any related
amendments, deletions, or additions to other provisions of this Contract which together
effect the parties’ original intent to the greatest extent allowable under applicable law;
and
B. if necessary or desirable to accomplish preceding item (1), apply to the court that
declared said invalidity for a judicial construction of the substituted Contract provision
and any amendments, deletions, or additions to this Contract.
The unconstitutionality, illegality, invalidity, non-binding nature, or unenforceability of any
Contract provision will not affect any of the remaining provisions of this Contract. This Contract
will be construed and enforced as if the Contract provision did not exist to the extent possible.
However, if any Contract provision with respect to City’s direction to deliver Recyclables to the
Designated MRF site is ruled unconstitutional, illegal, invalid, non-binding, or unenforceable by
any court of competent jurisdiction, then City in its sole discretion may either sever that Contract
provision and construe and enforce this Contract as required by this section or Terminate all or a
portion of this Contract. Contractor agrees that it will not challenge the constitutionality, legality,
validity, enforceability or binding nature of Contractor’s obligation to deliver Recyclables to the
Designated MRF.
11.05 Interpretation. This Contract must be interpreted and construed reasonably and neither
for nor against either Party, regardless of the degree to which either party participated in its
drafting. Contractor acknowledges that it determined to provide Contract services in City and
execute this Contract upon its own choice and initiative and that it had the opportunity to submit
comments, recommend changes, and take exception to the proposed provisions of this Contract
during the procurement process. Each party represents and warrants that it has reviewed this
Contract and has either commented upon this Contract or had the opportunity to do so, with
advice of its attorneys. No provision in this Contract may be construed against City solely
because the County assisted the City in preparing the form of this Contract.
ARTICLE 12. THE PARTIES
12.01. The Parties agree and the Contractor acknowledges as follows:
A. Contractor will have the exclusive control over the manner and means of performing
Contract Service and over all persons performing Contract Service, except for City’s
right to change the scope of Contract service as described in Article 14.
B. Contractor is solely responsible for the acts and omissions of its officers, employees,
Contractors, subcontractors, and agents, none of whom is deemed to be an officer, agent,
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servant, or employee of City.
C. Nothing in this Contract may be construed as creating an arrangement for handling
Unpermitted Waste.
D. Contractor bears the sole responsibility and liability for furnishing workers' compensation
and all other benefits required by law to any individual for injuries arising from or
connected with Contract services performed on behalf of Contractor under this Contract.
E. Contractor’s actions and Performance Obligations include reference to any
subcontractor’s actions under this Contract, as applicable, without specifying in each
instance that Contractor must directly take those actions itself, or cause its subcontractors
to take those actions on Contractor’s behalf.
12.02 Parties in Interest – City. Nothing in this Contract, whether express or implied, is
intended to confer any rights on anyone other than the parties and the parties’ respective
representatives, successors, and permitted assigns. City’s Related Parties are third party
beneficiaries of provisions in this Contract that reference them.
12.03 Binding on Successors. The provisions of this Contract will inure to the benefit of and be
binding on the successors and permitted assigns of the parties.
12.04 Further Assurances. Each party agrees to execute and deliver any instruments and to
perform any acts as may be necessary or reasonably requested by the other to give full effect to
this Contract, including Contractor Documentation.
12.05 Actions of City in Its Governmental Capacity. Nothing in this Contract may be
interpreted as limiting the rights and obligations of City in its governmental or regulatory
capacity.
12.06 Contractor’s Obligations Performed at Its Sole Expense. Contractor will perform
Contract services solely for the compensation expressly provided for in this Contract.
12.07 Parties Representatives
A. City. The City Representative is identified on the cover page of this Contract and at §
16.01
B. Contractor Representative. Contractor Representative is named on the cover page of
this Contract, at § 16.01 and in Contractor Documentation. Contractor Representative
must have at least 5 years’ experience in Solid Waste and Recycling Collection services
before being named Contractor Representative. Contractor Representative is authorized
to act on behalf of Contractor in the satisfaction of all Performance Obligations and
exercise of Contractor’s rights and options under this Contract.
12.08 Due Diligence. Contractor acknowledges each of the following:
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A. services, including Contract Service, are highly regulated under applicable law,
B. City may be subject to statutory fines, or withholding of funds, for failure to achieve
mandated Diversion levels, and
C. waste management is a public health and safety concern.
Contractor agrees that it will exercise due diligence in performing Contract Service.
12.09 No Use of City Name. Contractor will not do business as or use a corporate, partnership,
venture, or other formal name, containing the name of City or implying government ownership.
12.10 Subcontractors.
A. Goods or services related to Collection, transportation, processing, or Diversion of
Solid Waste. Contractor shall not engage any subcontractor without City’s prior approval
of the subcontractor. Any subcontract entered into without City’s approval of the
subcontractor is a default. An approved subcontractor cannot Contract for the
performance of its duties or obligations to the Contractor. Any such sub-subcontracting
will be considered a default.
B. Contractor responsibility. Contractor is solely responsible for directing the work of
subcontractors and paying subcontractors’ compensation.
C. Removal. City may require Contractor to remove any approved subcontractor.
ARTICLE 13. TERM OF CONTRACT
13.01 Commencement and Expiration.
A. Contract execution date and expiration of term. The Term for this Contract
commences on January 1, 2016 and expires on December 31, 2020.
B. City options to extend term. On or before 60 days prior to the expiration of the original
term under subsection (A), City, may extend the term of the Contract for two years with
the mutual consent of the Contractor.
13.02 Survival of Certain Provisions. The following provisions of this Contract will survive the
term:
A. all acknowledgements, representations, and warranties of the parties in this Contract,
B. all indemnities,
C. Contractor Payment Obligations or claims therefore,
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D. all Contractor’s Performance Obligations and City’s rights with respect to Records,
including the following:
1. giving City a copy of Records, or allowing City to copy, inspect, and audit Records,
including:
a) information with respect to Refuse Disposal and Solid Waste Management
Facilities (such as Disposed Tons of Solid Waste),
b) certificates of insurance or other evidence of insurance coverage, and
c) Contract Service Asset inventory and Contract Service Asset documentation.
E. All Contractor’s Performance Obligations and City’s rights with respect to reports;
including submitting final reports.
F. Any other provision of this Contract that expressly states that it survives termination.
G. Any right of either party vested and any obligation of either parties accrued before the
termination date.
After the termination date, Contractor has no other Performance Obligations or rights under this
Contract.
13.03 Contractor's Obligations Upon Expiration or Termination: OBLIGATIONS IN
THIS SECTION SURVIVE THE EXPIRATION OR TERMINATION OF THIS
CONTRACT. If Contractor is not awarded an agreement to continue to provide MSW
management services to City after the expiration or termination of this Contract, prior to and
after that expiration or termination, Contractor will cooperate fully with City and the succeeding
Contractor(s), licensee(s), permittee(s) or other person(s) providing services to assure a smooth,
efficient, orderly, timely, and effective transition of and delivery of MSW management services
to City’s residential Customers, including providing City with Records as required under Article
6 upon request, in the format specified by City.
ARTICLE 14. CHANGE IN SCOPE OF SERVICE
14.01 Change in Performance Obligations
A. At City direction. City may direct Contractor to implement a change of Performance
Obligations, including Contract service specifications or Contract service standards, in
the Contract Service Area following request for, submission of, and review of
Contractor’s proposal under Section 14.02. Contractor will submit its proposal within 15
City Business Days of receiving City’s request for proposal (or a longer period that City
may designate in light of the complexity or magnitude of the directed change).
B. Upon Contractor Proposal. Contractor may propose to City a change in the scope of
Contract services under Section 14.02, such as the following:
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1. new developments in Collection technologies that would improve Contract Service
efficiency and reduce the Contractor service fee, pollution, or environmental impact;
2. a program that would increase Diversion; and
3. changes in operations necessitated by a change in law.
14.02 Review and Comment
A. Proposal contents. In its proposal, Contractor must describe its detailed plan for
implementing the requested or proposed change, including the following:
1. a task list and time-line implementation schedule,
2. Goods or services (including any subcontractor) necessary to implement the change,
and
3. any change in Contractor service fee and cost substantiation therefore, including
Contractor’s changes in direct costs (taking into account both incremental direct costs
and savings offsets) such as:
a) modifying vehicle(s);
b) adding Receptacle(s), vehicle(s) or routes;
c) shortening or extending route time;
d) laying off or supplementing labor; and
e) increasing transportation distance or time to a Solid Waste Management Facility.
Contractor will include documentation supporting its proposal satisfactory to the City.
B. City may withdraw the request for proposal at any time, for any reason, including receipt
of a proposal from Contractor unsatisfactory to the City.
C. Offer. Contractor’s proposal will be deemed Contractor's offer to City to implement the
requested or proposed change. Contractor’s proposal will remain binding for 60 days
from the date submitted to the City.
D. Failure to agree.
1. City-directed change. If the parties cannot reach agreement on a proposal directed
by the City, the City may implement the change itself or through another Person
2. Contractor-initiated proposal Changes in Law. If the parties cannot reach
agreement on a proposal initiated by Contractor the proposal is deemed rejected and
this Contract will not be amended except that if parties cannot reach agreement on a
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proposal initiated by Contractor due to a change in law, then Contractor may request
binding dispute resolution..
ARTICLE 15. AMENDMENTS
15.01 Amendments
Any amendments to this Contract must be by written agreement of the Parties.
ARTICLE 16. NOTICES, CONSENTS, APPROVALS, ETC.
16.01 Notices, etc. notices must be given to the City at the following addresses:
City: David Simpson
Director of Public Works/City Engineer
W182 S8200 Racine Ave.
Muskego, WI 53150
262-679-5686
Contractor: Advanced Disposal
Services Solid Waste Midwest, LLC
W144 S6350 College Ct
Muskego, WI 53150
Jason.johnson@advanceddisposal.com
262-679-0860
262-679-3514 (fax)
The notice may be provided in one or more of the following forms:
A. by Email;
B. by personal delivery to a Contractor or City representative as the case may be;
C. by deposit in the United States mail first class postage prepaid (certified mail, return
receipt requested); or,
D. by commercial delivery service providing delivery verification.
notice by City to Contractor of a missed pick-up or a Customer problem or complaint may be
given to Contractor orally by telephone at Contractor's local office with written confirmation sent
to Contractor promptly after the oral notification.
Parties must notify the other of a change of their address.
16.02 Writing Requirements. All notices, reports, demands, requests, directions, selections,
option exercises, orders, proposals, reviews, comments, acknowledgments, approvals,
agreements, consents, waivers, certifications, and other communications made under this
Contract must be in writing, unless oral communication is explicitly authorized.
16.03 Exercise of Options. Parties will exercise any approval, disapproval, consent, acceptance,
option, discretion, election, opinion, or choice under this Contract, make a requirement under this
Contract, or interpret this Contract (“Discretionary Action”) reasonably. Recognizing the
essential public health and safety protections this Contract serves, where this Contract
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specifically provides that the exercise of any “Discretionary Action” is in either party's
independent, sole, exclusive, or absolute discretion, control, or judgment, the other party will not
question or challenge the other party’s exercise thereof. Parties will nevertheless exercise their
rights and remedies in good faith as required by applicable law.
ARTICLE 17. EXECUTION OF CONTRACT
17.01 Execution in Counterparts. This Contract may be signed in any number of original
counterparts. All counterparts will constitute but one and the same Contract.
17.02 Authority to Execute.
A. City. City warrants that its officers listed below have been duly authorized to execute this
Contract on its behalf.
B. Contractor. Contractor warrants that the individuals listed below have been duly
authorized to execute this Contract on its behalf.
City of Muskego:
Date: __________________________________
_______________________________________
Mayor Kathy Chiaverotti
Attest:
_______________________________________
Sharon Mueller, Clerk
[Name of Contractor]:
Date: _____________________________
By: _______________________________
Name:_____________________________
Title: ______________________________
Attest:
__________________________________
Name:_____________________________
Title: ______________________________
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SCHEDULES
Contract Documentation Checklist.
RFP REFERENCE
Schedule 1: Contract Services And Cost Summary Form 1A
Schedule 2: Collection Contract Compliance Items Related To Recycling
Containers and Delivery of Recyclables to the Designated MRF
Schedule 3: Contractor Financial Assurance XIII
Schedule 4: Contractor Evidence Of Insurance XIV
Schedule 5: Contractor Affidavit Certifying Access To Sufficient Landfill
Capacity XVI
Schedule 6: Annual Rate Adjustment (CPI And Fuel) IX
Schedule 7: Sample Monthly Invoice
Schedule 8: Bulky Item Diversion Program VII.m.vi.
Schedule 9: Emergency Back-Up Collection Service Plan VII.j.
Schedule 10: Customer Complaint & Billing Dispute Resolution Protocol VII.k.
Schedule 11: Unpermitted Waste Screening Protocol VII.m.v.
Schedule 12: Contractor Transition & Customer Education Plan VII.a.i.ii.
Schedule 13: Route Maps, Sheets, And Change Requests VII.f.
Schedule 14: Recycling Receptacles Inventory VII.a.,g.
Schedule 15: Monthly & Annual Reports (Samples) VII.r.
Schedule 16: Delivery Protocol For Designated MRF
Schedule 17: Vehicles, Drivers And Equipment VII.s.
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SCHEDULE 1
CONTRACT SERVICES AND COST SUMMARY
[Insert table provided with all final negotiated pricing from Form 1A of the RFP. Include a
schedule of costs for dumpster credits vs. recptacles, a schedule of emergency service costs (1b),
and any other agreed services and pricing.]
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SCHEDULE A - BASIC RESIDENTIAL CONTRACT SERVICES 9,370
Co
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A.1
A.2
SCHEDULE B - ADDITIONAL RESIDENTIAL SERVICE CHARGES
B.2
SCHEDULE C - ANNUAL RATE ADJUSTMENT & FUEL SURCHARGES
C.1 Minimum Annual Rate Increase (ARI) 1%
C.2 Maximum Annual Rate Increase (ARI)3%
C.3 Diesel Fuel Surcharge- For each $0.10 above $4.00 per gallon, the monthly charge will increase by this %0
Note: Rate Increases & Fuel Surcharges applies to schedule A & E ONLY
SCHEDULE D - PROVISION OF RECEPTACLES AND RELATED SERVICES*
D.1
D.2
SCHEDULE E - COLLECTION OF MUSKEGO/NORWAY SCHOOL DISTRICT
E.1
Annual Cost
Refuse & Recycling Collection at School Sites Idendified in Exhibit C $31,930.08
64 gallon (Including Maintenance Cost)$0.38 $0.38
96 gallon (Including Maintenance Cost)N/A $0.44
Co
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Receptacle (Recycling and Refuse)
*Assume a 60 month contract period. Lease to own receptacles
will require City Approved lettering
Recycling Receptacle Refuse Receptacle
City's Existing Carts
Maintenance/ Replacement/
N H S l F
Lease-to-own new carts
$/HH/Month (City to Own Carts)
Annual Cost
Yard Waste Drop Off Site $16,543.00
Weekly Refuse Collection (not including receptacle fee)$4.45 $4.23
Single Stream Recyclables Collection & Delivery to Waukesha
County Designated MRF (Every Other Week)N/A $2.08
Total Households/Units:
Contract Service Description
Option for Manual Curbside
Service Fee Per Unit Per
Month
Option for Automated Curbside
Service Fee Per Unit Per Month -
(Every Other Week for Recycling)
SCHEDULE 2
COLLECTION CONTRACT COMPLIANCE ITEMS RELATED TO RECYCLING
CONTAINERS AND DELIVERY OF RECYCLABLES TO A DESIGNATED MRF
The Contractor shall comply with the provisions below.
A. Recycling Container Provisions
1. Recycling Container Standards. All Recycling containers shall be for single sort
Recycling and shall meet City standards for in-mold educational labeling, identifying
recyclable and non-recyclable/hazardous materials. All containers shall have a 10-year
warranty.
2. Distribution and Use of Recycling Containers. Contractor shall, by the dates specified in
this Contract, distribute Recycling containers to each household/unit served under this
Contract. Contractor shall ensure these containers are only used for Recycling.
Contractor shall notify any non-complying household/unit at the time non-compliance is
observed, and shall track and report a summary of non-compliance to the City monthly.
3. Distribution of Educational Materials. Contractor shall attach educational materials to
the top of each Recycling container upon delivery of the containers, as noted above. The
Contractor shall submit to the City in advance for review and all costs for production are
the Contractors responsibility.
4. Contractor Report on Containers. Contractor shall provide the City an annual report by
February 1 each year on the number and size(s) of Recycling containers used within the
City.
B. Direct Haul Provisions
1. Direct Haul. Contractor shall deliver all recyclable materials Collected under this
Contract to the Designated MRF.
2. Delivery Protocol. Contractor shall comply with the delivery protocol of the Designated
MRF and coordinate delivery times to maximize efficiencies at the truck scale and tip
floor and minimize traffic back-ups.
3. Record Keeping and Reports. Contractor shall keep Records and provide all requested
data and reports to the County as needed to administer recycling grants and maintain
compliance with applicable state or local codes, program rules, and the protocol for
delivery of Recyclables to the Designated MRF. This includes, but is not limited to,
providing up-to-date information on haul routes, Collection days and times, and vehicles
used to Collect Recyclables.
4. Alternate Processing. In the event the Designated MRF is unable to accept Recyclables,
the Contractor shall deliver recyclable materials to an alternate location for a designated
time, as directed by the City. [Note: Any additional transportation and processing costs
will be covered by separate Contract.]
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SCHEDULE 3
CONTRACTOR FINANCIAL ASSURANCES
[Insert Letter of Credit (LOC) or Performance Bond as required in Section 7.03 of this Contract]
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SCHEDULE 4
CONTRACTOR EVIDENCE OF INSURANCE
[Insert certification as required in Section 7.01 of this Contract]
SCHEDULE 5
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CONTRACTOR AFFIDAVIT CERTIFYING ACCESS TO SUFFICIENT LANDFILL
CAPACITY
NOT APPLICABLE
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SCHEDULE 6
ANNUAL RATE ADJUSTMENT
Not Applicable
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SCHEDULE 7
SAMPLE MONTHLY INVOICE
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SCHEDULE 8
BULKY ITEM DIVERSION PROGRAM
Items identified as Bulky Items will be collected weekly, except as identified herein. Up to one
(1) of the following items will be collected weekly (See Article 3):
1. Only items that are eligible for disposal in an approved WI landfill
2. All items must be manageable by one (1) person and weigh less than fifty (50) pounds
a. If larger than above, resident must contact Customer Service to arrange service
collection
3. Furniture, including metal desks and storage cabinets
4. Major appliances (See #5)
5. Freon containing appliances
a. $35 each
6. Carpeting & Padding
a. The following collected at no charge
i. Up to four (4) rolls cut and tied
ii. Rolls not larger than 6 inches in diameter
iii. Rolls not longer than 4 feet in length
iv. Rolls not weighing more than 50 pounds
v. Rolls kept dry
b. $35 per collection/item if more than weekly allowed amounts
7. Building Materials
a. Building materials as follows shall be collected at no charge
b. Contained in one (1) 32 gallon container, or
c. Up to five (5) securely tied bundles of lumber per customer each month, each
bundle meeting the following requirements:
i. not larger than 18 inches in diameter
ii. no longer than 4 feet in length
iii. weighing no more than 50 pounds
iv. free of nails or with nails bent over
v. from construction projects, including garages and sheds,
d. $35 per collection/item if more than weekly allowed amounts
8. Sinks, concrete laundry tubs, and cast iron plumbing fixtures
9. Windows and doors
10. Large toys,
11. Bicycles,
12. Dismantled swing sets
13. Lawn mowers and snow blowers with no gas or oil in them
14. Up to 4 auto or pickup tires per customer each calendar month, with rims removed
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15. One (1) additional refuse container not exceeding 35 gallons in volume and not
exceeding 50 pounds
16. Any item (other than lumber) that can be cut or broken down meeting the following
requirements:
a. not longer than 6 feet in length
b. weighing no more than 50 pounds.
17. Other Bulk Items will be estimated at the time of collection
COLLECTION
• Standard bulk items will be collected the same day as regular services and must be placed
curbside
• For larger “call-in” or charged items, Customer Service will provide Resident with
collection day when taking payment information
DIVERSION
• All appliances or other items that are not eligible for WI landfill disposal will be recycled
and properly disposed and processed according to Wisconsin statues and federal
regulations
• To the extent practical, Contractor will divert bulky items from landfill including metals
and other recyclable material.
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SCHEDULE 9
EMERGENCY BACK-UP COLLECTION SERVICE PLAN
Advanced Disposal understands how important it is to the City of Muskego to prepare for
any type of emergency, whether natural or man-made. Advanced Disposal is also prepared
for any type of emergency or unforeseen circumstances. Although difficult to plan
specifically for every type of emergency, this plan shall serve as an example of Advanced
Disposal's abilities to respond quickly and effectively in the event of any emergency or
unforeseen event.
With over 15 years experience serving over twenty municipalities in Waukesha County,
Advanced Disposal has the experience and dedication to meet the City’s needs. Advanced
Disposal is ready and able to prepare for, and react to an emergency event.
In any event, as with our day-today operations, effective communication is most important.
Advanced Disposal will immediately notify the Town of any event that will hamper our
ability to perform collection, processing or disposal services.
Loss of Processing Facilities or Disposal Capabilities
Solid Waste: In the event that the Emerald Park Landfill is unable to accept solid waste from
the City, Advanced Disposal will transfer solid waste to the Glacier Ridge Landfill or
Mallard Ridge Landfill, both owned by Advanced Disposal.
Recyclables: If the processing facilities designated by the County are unable to accept
materials, Advanced Disposal will transfer the recyclables to either the new County
designated facility, or the next approved facility designated by the county/municipality.
Inclement Weather
Advanced Disposal holds the safety of our drivers and communities at the forefront of all
weather related service issues. In the event of inclement weather, the District and General
Managers will evaluate conditions. If Advanced Disposal determines that it is unsafe to
provide services, we will directly notify the City-designated contact to review the decision.
Advanced Disposal will utilize television, radio and information technology to notify
Muskego residents of their next collection day.
Unexpected Circumstance
Advanced Disposal has developed a local plan that includes specific procedures for
catastrophic events. In a catastrophic event, Advanced Disposal would resume service with
the assistance of employees based in unaffected areas throughout the District. We would
prioritize the collection of refuse from all essential public service facilities.
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Equipment Failure
In the event of equipment failure or loss, Advanced Disposal maintains spare service,
delivery and collection vehicles at each Advanced Disposal District in the region.
Advanced Disposal has over 200 trucks located within a 60-minute radius of Muskego. Each
District has a spare ratio that can assist operations that serve Muskego. Advanced Disposal
also has a significant inventory of roll-off boxes for large quantity bulk hauling. This
equipment would be available for use in an emergency situation.
In order to best prepare for unforeseen events and provide tools for the City to be able to quickly
respond to emergencies or unplanned events, Advanced Disposal suggests reviewing all options
for the City and Advanced Disposal in the event of an emergency. Possible considerations could
include suspension of service, Sunday pick up, extended hours of service, etc.
NATURAL/MAN-MADE DISASTER SERVICES
• Contractor shall provide 20yd/30yd containers for either refuse or recycling at the Town
Yard or other areas in the City based on mutual agreement for usage
o Pricing Emergency Services
o 20/30yd containers, Haul Rate of $135 per container, plus disposal
• Extra personnel could be provided for collection above and beyond in an Emergency for
additional road side collections (downed trees, floods, etc.)
o One-man crew $125/hour, plus disposal
o Two-man crew $155/hour, plus disposal
Nature of Emergency Services.
Within 24 hours of receipt of electronic notification by the Municipality, followed as soon as practicable by
written notice, Contractor shall propose a plan, in writing, to provide emergency services beyond the scope
of the Contracted services at the times and the extent agreed by the Municipality, including providing
drivers, vehicles, and other equipment and personnel to cleanup solid waste and other debris resulting from
natural disasters such as earthquakes, storms, tornadoes, floods, riots, and civil disturbances, for which
Contractor shall be reimbursed by the Municipality. Contractor shall use reasonable business efforts to
commence implementing the approved plan as soon as possible, but no later than 72 hours following the
oral notice (or longer time as allowed by Municipality).
Reporting
Contractor shall cooperate with Municipality, the State, and Federal officials in filing
information related to a regional, state or federal declared state of emergency or disaster as to
which Contractor has provided services under this section
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SCHEDULE 10
CUSTOMER COMPLAINT AND BILLING DISPUTE RESOLUTION
• Contractor shall track all calls received from Residents and log into system
o All calls are tracked by date and time of call when opened
o All calls must be resolved and closed in system to ensure completion
• Contractor shall provide to Town monthly log of service calls received and resolution
• For missed pickups, service will be completed either on same day or within 24 hours
• All Contractor Customer Service Representative are trained and receive “secret shopper”
calls to ensure professionalism and quality control
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SCHEDULE 11
UNPERMITTED WASTE SCREENING PROTOCOL
Insert the Unpermitted Waste Screening Protocol which must include, at a minimum, the
following:
1) Contractor provides collection and safety training for all drivers and supervisors to identify
unpermitted waste in the collection activities
a. For automated customers, this is done via cameras that view the collection
materials as they are dumped into the automated collection vehicles charge
box
2) Any unpermitted waste will be tagged for non-compliance with the steps needed to ensure
proper collection
a. This includes tagging of recyclables that are overly contaminated with non-
recyclable material
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SCHEDULE 12
CONTRACTOR TRANSITION AND CUSTOMER EDUCATION PLAN
Insert the Contractor transition and education plan which must include, at a minimum, the
following:
1) Customer Education Plan
a. Residents will receive receptacles along with education materials provided by
Contractor and Waukesha County
b. Residents will receive notice for non-compliance (“tagging”) for items outside
scope of collection, unpermitted waste or other issues
c. Advanced Disposal will work with City on various education plans, including:
i. Community Outreach Events
1. Car Seat Recycling
2. Electronics Recycling
3. Wreaths for Soldiers
4. America Recycles Day
5. Flag Recycling
6. Presentations to groups or organizations
ii. School Programs
1. Bringing Environmental Education to Schools
a. School age programs
b. Landfill Tours
c. Earth Day
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SCHEDULE 13
ROUTE MAPS, SHEETS, AND CHANGE REQUESTS
Insert Contractor route details which must provide, at a minimum, the following:
1) a. Route changes with Municipality Consent
2) * Contractor shall submit to Municipality, in writing, any proposed
change in collection route maps not less than 60 days prior to
Contractor's proposed date of the change.
3) * Upon Municipal comments and mutual agreement Contractor shall
implement changes following 2 weeks' notice, sent by Contractor, to
affected customers so that no customer is left without collection for
more than 6 days.
4)
5) ii. Route Audits
6) Municipality may conduct audits of Contractor's collection routes.
Contractor shall cooperate with Municipality on route audits,
including permitting Municipality employees or other persons
designated by Municipality to follow the collection vehicles during the
audit. Contractor will have no responsibility or liability for the salary,
wages, benefits, or worker's compensation claims of any person
designated by Municipality to conduct audits.
7)
8) iii. Commingling with Other Municipalities Refuse and/or Recyclables
9) If Contractor commingles refuse or recyclables (from the service area)
with refuse or recyclables (from other jurisdictions) on any collection
route, Contractor shall provide Municipality with a protocol
satisfactory to Municipality to accurately account for tonnage (or
volume) attributable to the Municipality's jurisdiction and provide
accurate reporting to the County as the RU.
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SCHEDULE 14
RECEPTACLES INVENTORY
Haulers are required, at a minimum, to provide the following:
1) City shall provide Contractor an address listing of all eligible Household for delivery
of recycling containers
2) As new eligible households are added, the City shall notify the Contractor in advance.
Within one (1) week, Contractor shall deliver appropriate containers and within two
(2) weeks shall implement regular collections.
3) Advanced Disposal will provide to City the total number of households and a quantity
of each container size delivered after the initial implementation.
4) City and Contractor will confirm the total number of households being served and the
quantity of each container in use.
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SCHEDULE 15
MONTHLY AND ANNUAL REPORTS (SAMPLES)
1) Requirements stated in Section VII. Scope of services in RFP.
2) Monthly Reports Required:
A. Recycling, Solid Waste, Bulky Items Tonnage
B. Update all or a portion of its inventory of Contract Service Assets.
C. Any occurrences affecting the Contractor’s performance;
D. Permit compliance status;
E. Documentation regarding Unpermitted Waste, if any, rejected, gathered, produced
and/or retained at the Disposal Facility
F. Discussion operational problems and resolution thereof or planned, and
G. Additional information related to Performance Obligations requested by City.
3) Mandatory Annual Reports.
A. A collated summary of the information contained in any Monthly Reports,
including reconciliation of any adjustments from prior Monthly Reports, and the
following information and statements:
B. Total Tonnage for Recycling, Solid Waste, Bulky Item and Yard Waste (as
applicable).
C. Updated Collection route maps as required
D. Complete inventory of Receptacles including total households and quantity of
each size Receptacle.
E. A declaration describing the current status of any criminal or civil litigation
pending against: (i) either Contractor or “Contractor Representatives” with
respect to Criminal Activities, and (ii) against Contractor with respect to Solid
Waste handling, Collection, Recycling or Disposal.
F. The name of all subcontractors, the amount of Goods or services that each
subcontractor provides to Contractor, and a description of Contractor’s
relationships to each subcontractor (including ownership interests).
G. An update on remaining estimated capacity of the Contract Disposal Facility.
H. A review of any Change in Law that would increase or decrease operational costs
of the Contract Disposal Facility i.e. state landfill environmental fees.
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SCHEDULE 16
PROTOCOL FOR DELIVERY OF RECYCLABLES TO THE DESIGNATED MRF
[INSERT PROTOCOL HERE]
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SCHEDULE 17
VEHICLES, DRIVERS AND EQUIPMENT
i. Vehicles used must comply with all Wisconsin Department of Transportation and Municipal
requirements (such as to properly contain materials).
ii. Specifications. Contractor shall acquire Collection vehicles of the manufacturer, model, type,
and description detailed on the inventory list attached as Contractor Documentation, meeting the
following specifications:
a) The bodies of any vehicle used in Collection pick-ups or transportation of Solid Waste
must have watertight beds of metal or impervious material that can be cleaned.
b) Vehicles used in Collection pick-ups must be packer-type, completely enclosed vehicles
unless other type of vehicles are required by terrain or type of Solid Waste to be hauled.
iii. Noise. The noise level generated by Collection vehicles using compaction mechanisms during
the stationary compaction process shall not exceed 75 decibels at a distance of 25 feet from the
vehicle measured at an elevation of 5 feet above ground level using the “A” scale of a standard
sound level meter at slow response, or applicable law, whichever is more stringent.
iv. Vehicle Identification. On the left, right, and rear of each vehicle, in letters and numbers not
less than 3 inches high and colors that contrast with the color of the body of the vehicle,
Contractor shall display the following information; company name, toll-free telephone number,
and vehicle number.
v. Vehicle Repair and Maintenance.
a) Safety. Contractor shall maintain all vehicles in good repair so that they operate properly
and safely.
b) Appearance. Contractor acknowledges that it is important to City that Contractor
presents a professional and pleasing image.
vi. Spare Vehicles. Contractor shall maintain in readiness at least one spare Collection vehicle,
fueled, and ready to dispatch and replace any Collection vehicle which breaks down on route
within reasonable time of a break down. Customers on that route shall receive Contract service
before 8:00 p.m. that same day.
vii. Driver training. Contractor shall provide operational and safety training for all of its
personnel, including those who drive Collection vehicles or operate other Collection equipment,
such training shall include live, on-the-job-training by supervisors. Contractor shall train its
drivers to identify Unpermitted Waste and comply with the Unpermitted Waste screening
protocol.
viii. Route/Field Supervisor. During Collection, Contractor shall maintain on duty a site
supervisor of field operations responsible for ensuring compliance with this Contract, including;
observing Collection operations, identifying and correcting non-compliance with performance
specifications and responding to and resolving Customer complaints. Contractor shall equip
supervisor with a vehicle and equip that vehicle and each Collection Vehicle with 2-way radio or
cell phones.
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #123-2015
APPROVAL OF SOLID WASTE SERVICES CONTRACT FOR
2016-2020 WITH ADVANCED DISPOSAL SERVICES FOR
REFUSE AND RECYCLING COLLECTION
WHEREAS, Two proposals were received for the collection and hauling of refuse and
recycling for 2016-2020 for the City of Muskego; and
WHEREAS, The City’s current vendor, Advanced Disposal, was the resulting low bidder
and was recommended for selection by the Public Works Committee; and
WHEREAS, The Finance Committee recommended approval of the contract with
Advanced Disposal subject to review by the City Attorney.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego, upon the recommendation of the Finance Committee, does hereby approve
the Solid Waste Services Contract between the City of Muskego and Advanced
Disposal Services Solid Waste Midwest, LLC.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are hereby
authorized to sign the contract in the name of the City subject to final attorney approval.
DATED THIS DAY OF , 2015.
SPONSORED BY:
FINANCE COMMITTEE
This is to certify that this is a true and accurate copy of Resolution #123-2015 which
was adopted by the Common Council of the City of Muskego.
Clerk-Treasurer
12/15jmb
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #124-2015
RESOLUTION AUTHORIZING THE CITY’S WITHDRAWAL
FROM THE LGPIF
WHEREAS, the City has been insured through the state Local Government Property Insurance
Fund (LGPIF); and
WHEREAS, the 2015-2017 state budget proposed to discontinued the LGPIF property
insurance fund which was approved by the Joint Finance Committee, but ultimately the
discontinuance was removed from the budget by the Legislature, thereby continuing the
program; and
WHEREAS, review and evaluation of LGPIF’s financial position resulted in a recommended rate
increase of 85%; and
WHEREAS, the League of Wisconsin Municipalities Mutual Insurance Company partnered with
two other existing municipal insurance companies, Cities and Villages Mutual Insurance
Company and Wisconsin Municipal Mutual Insurance Company, all of which have significant
experience in insuring municipalities; and
WHEREAS, the League of Wisconsin Municipalities Mutual Insurance Company has formed a
partnership with said companies to operate under the name of Municipal Property Insurance
Company (MPIC); and
WHEREAS, the partnership has offered broad coverage specifically designated to address
property insurance needs of Wisconsin municipalities; and
WHEREAS, MPIC consists of three municipal insurance companies that are familiar with the
needs of municipalities and has offered a cost-effective premium proposal; and
WHEREAS, City staff requested quotes for insurance coverage for 2016, receiving the
following:
Local Government Property Insurance Fund (LGPIF) $66,825.00
Municipal Property Insurance Company (MPIC) $43,847.00; and
WHEREAS, it is in the best interest of the City of Muskego to withdraw from LGPIF and
contract with MPIC for property insurance coverage for 2016.
NOW, THEREFORE, BE IT RESOLVED that the City withdraw from LGPIF effective
December 31, 2015.
BE IT FURTHER RESOLVED that the City enter into a contract with MPIC for property
insurance coverage effective January 1, 2016, and appropriate City officials are authorized to
enter into said contract.
DATED: December 8, 2015 CITY OF MUSKEGO
____________________________
Mayor Kathy Chiaverotti
ATTEST:
________________________
Clerk-Treasurer
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #125-2015
APPROVAL OF FINAL PLAT
Aster Hills Estates Subdivision
WHEREAS, A Final Plat was submitted October 16, 2015 by Towne Realty, Inc. for the Aster
Hills Estates Subdivision located in the NE 1/4 of Section 24 to create 53 single-family lots and
five outlots for wetland preservation, stormwater management and park dedication; and
WHEREAS, The Plan Commission has recommended approval through Resolution #P.C. 054-
2015.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego,
upon the recommendation of the Plan Commission, does hereby approve the Final Plat for the
the Aster Hills Estates Subdivision, subject to approval of the City Engineer and all objecting
and approving agencies, receipt of all fees as provided in Section 18.14 of the Land Division
Ordinance, any special assessments which may be due, and the conditions outlined in
Resolution #P.C. 054-2015.
BE IT FURTHER RESOLVED That Aster Hills Estates Subdivision was originally approved as a
Planned Development zoning district and the City of Muskego Municipal Code Chapter 17
Zoning Ordinance 9.06(2) dictates that language outlining the specifics of the PD will be passed
by resolution of the Common Council concurrent with the final plat approvals. The new code
language for this planned development is attached to this resolution.
BE IT FURTHER RESOLVED That outlot 2 is officially dedicated to the City of Muskego per this
plat for preservation and park purposes.
BE IT FURTHER RESOLVED That Outlot 3 of the Big Muskego Estates Plat is deeded to the
City of Muskego at the time of signing of the Final Plat for Aster Hills Estates Subdivision.
BE IT FURTHER RESOLVED That a digital file of this final plat shall be submitted to the City in
accordance with Common Council Ordinance #1118 and Resolution #196-2002.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are hereby authorized to
sign the necessary documents in the name of the City, and that the Mayor, in consultation with
the City Attorney, may make any necessary technical corrections.
DATED THIS DAY OF DECEMBER , 2015.
SPONSORED BY:
Ald. Eileen Madden
This is to certify that this is a true and accurate copy of Resolution #125-2015 which was
adopted by the Common Council of the City of Muskego.
Clerk-Treasurer
Reso. #125-2015
9.55 PD-49 ASTER HILLS ESTATES
(1) The Aster Hills Estates Planned Development consists of 53 single-family parcels on
approximately 63.5 acres. The development is located off of the west side of North
Cape Road just south of Durham Drive. The development is to be constructed in one
phase and is serviced by City sewer and water. Outlots within the development are
reserved for stormwater management, open space preservation, and a for a future city
park. The planned development is created under the auspices of the RS-2 Suburban
Residence Zoning District as a planned development. The Planned Development zoning
was put in place to allow the developer’s to cluster lots while preserving a substantial
outlot for city preservation and park purposes. Lot sizes all are 23,000+ square and at
least 110 feet in width. The PD also changed a few of the requirements of the
underlying zoning including having setbacks on lots be 30 feet and side setbacks of 15
feet unless noted differently on the Final Plat.
(2) DATES OF ADOPTION AND ORDINANCE/RESOLUTION NUMBERS:
Plan Commission Rezoning Approval: 10/07/2014 per Resolution #054-2014
Common Council Rezoning Approval: 10/14/2014 per Ordinance #1387
Common Council Agreement Approvals: 05/26/2015 per Resolution #056-2015
Plan Commission Final Plat Approvals: 11/03/2015 per Resolution #054-2015
Common Council Final Plat Approvals: 12/08/2015 per Resolution #120-2015
(3) BASIC REGULATIONS
(A) Lot Size (B)
Density
(C) Building Location (D) Building Size (E) Open
Space
(F) Height
Min. Lot
Area
Min. Avg.
Lot Width
D/U Per
Acre
Min. Set
Back
Side
Yard
Rear
Yard
Min. floor
area 1st
floor
(ranch)
Min. floor
area total
Floor
Area
Ratio
Min. open
space per
res D/U
Min. Ht
Principal
structure
Min. Ht
Accessory
structure
23,000 110 .83 30 15 25* 1900 1900-2100 25% 15,000 SF 30 **
*Rear setbacks are 25 feet with the exception of lots backing up to Durham Drive, Priegel Drive, or
North Cape Road where the rear setback is 40 feet. Wetland setbacks of 15 feet or 50 feet (per the
plat) affect all setbacks.
**See Section 5
(4) PERMITTED USES BY RIGHT
1. Any use as permitted in the RCE district subject to zoning substantial change
hearings if required.
(5) PERMITTED ACCESSORY USES
1. Any accessory use permitted in the RCE district subject to zoning substantial
change hearings if required.
(6) PERMITTED USES BY CONDITIONAL GRANT
1. Any conditional use permitted in the RCE district subject to zoning substantial
change hearings if required.
GRAPHIC SCALE
Feet
0 120 240
ASTER HILLS ESTATES
SHEET 1 OF 9
S:\5166114\dwg\FP100P100.dwg \ SHEET 1
262-781-1000 Fax 262-797-7373, www.rasmithnational.com
16745 W. Bluemound Road, Brookfield WI 53005-5938
R.A. Smith National, Inc.
Appleton, WI Orange County, CA Pittsburgh, PA
There are no objections to this plat with respect to
Secs. 236.15, 236.16, 236.20 and 236.21(1) and (2),
Wis Stats. as provided by s. 236.12, Wis. Stats.
Certified __________________, 20_____
Department of Administration
Being a redivision of Certified Survey Map No. 6039, part of vacated Durham Drive and unplatted lands located in a part of the Northeast 1/4, Northwest 1/4,
Southwest 1/4 and Southeast 1/4 of the Northeast 1/4 of Section 24, Town 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin.
SURVEYOR & ENGINEER DEVELOPER
R.A.SMITH NATIONAL, INC HBT OF ASTOR HILLS ESTATES LLC
16745 W. BLUEMOUND ROAD 710 NORTH PLANKINTON AVE.
BROOKFIELD, WI 53066 MILWAUKEE, WI. 53203
PH. 262-781-1000 MR. JIM DOERING
FAX 262-797-7373 PH. 414-274-2488
All dimensions measured and shown to the nearest hundredth of a foot. Bearings are reference to the West line of the Northeast 1/4 of Section 24, Town 5 North, Range 20 East,
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RESTRICTION
Per Section chapter 17, Section 5.02 F and G of the City of Muskego Zoning Ordinance, in the vision setback area no structure of any kind shall be permitted which exceeds a
height of 30 inches above the elevation of the center of the intersection, except for necessary highway and traffic signs, public utility lines, and open fences through which there is
clear vision, nor shall any plant material or natural growth be permitted which obscures safe vision of the approaches to the intersection.
BASEMENT NOTE
Although all lots in the subdivision have been reviewed and approved for development with single family residential use in accordance with section 236, Wisconsin Statutes, some lots may
contain soil conditions which, due to the possible presence of groundwater near the surface, may require additional soil engineering and foundation design with regard to basement
FRQVWUXFWLRQLIVXFKFRQVWUXFWLRQH[LVWDQGLIEDVHPHQWFRQVWUXFWLRQLVSURSRVHG,WLVUHFRPPHQGHGWKDWHLWKHUDOLFHQVHGSURIHVVLRQDOHQJLQHHURURWKHUVRLOVH[SHUWGHVÕJQDEDVHPHQW
and foundation which will be suitable to withstand the various problems associated with saturated soil conditions on basement walls or floors or that special measures be taken. Soil
conditions should be subject to each owners special investigation prior to construction and no specific representation is made herein.
OUTLOT OWNERSHIP:
Owners of lots within this plat shall have an undivided fractional ownership of Outlots 1, 3, 4, 5 & 6. The City of Muskego and Waukesha County shall not be liable for any fees or special
charges in the event they become the owner of any Lot or Outlot in the subdivision by reason of tax delinquency.
All Lots and Outlots are restricted to no direct vehicular access to CTH OO (North Cape Road). Outlot 4, Lot 28 and Lot 29 are restricted to no direct vehicular access to Durham Drive.
Durham Drive was vacated by City of Muskego Resolution #117-97, dated May 27, 1997 and recorded on June 3, 1997 in Reel 2447, Image 895-897 as Document No. 2218574.
Outlots 1, 3, 4, 5 & 6 to be maintained by the homeowners association for stormwater management, drainage, open space & wetland barrier fencing. With said Outlots to be used for
stormwater and drainage purposes, the existence of standing water may be present within the outlots, as intended.
Outlot 2 is dedicated to the City of Muskego for park & conservation purposes. There is an Isolated Natural Area present on Outlot 2.
Storm Sewer and/or Drainage easements are located on Lots:1-7, 9-22, 27-32, 34-42, 44-46, & 48. Also see details on sheet 8.
Utility easements for Sanitary Sewer are located on Lots: 30, 31, 41 and 42
Street Tree easements are located on Lots 1-16, 23-43, 47-53
³8WLOLW\(DVHPHQWV´IRU(OHFWULF7HOHSKRQH &DEOHDUHORFDWHGRQ/RWV
Wetland fencing easements are located on lots: 6, 8, 9, 10, 11, 12, 16, 17, 18, 19, 22, 23, 26 & 27.
Vision corner easements are located on lots: 1, 7, 8, 16, 23, 24, 32, 38, 39, 43, 47, 53 and Outlot 4.
Recreational Trail Easement is on Lots: 33, 34, 49-52 and Outlot 6.
30' Planting Easement is on lots: 33, 34, 49-52
The island landscaping at the intersection of Lindley Court/Ballard Court & Boxhorn Reserve Drive is the responsibility of the homeowners association.
Responsibilities of the Landscape easement and recreational trail easement along North Cape Road:
x Landscaping is the responsibility of the homeowners association
x Maintenance and any & all future repair or replacement of the recreational trail is the responsibility of the City of Muskego.
Entry subdivision monument sign on Outlot 4 is the responsibility of the homeowners association.
Deed Restrictions for the ownership and maintenance of the Outlots are on file at the Waukesha County Register of Deeds.
Ownership and/or maintenance obligations of all drainage swales & easements located on individual lots are the responsibility of the Lot Owner - see Sheet 9 for further notes.
Isolated Natural Resource Area and Wetland Restrictions:
Those areas of land which are identified as isolated natural resource areas and wetland areas on this plat shall be subject to the following restrictions:
1.Grading and filling shall be prohibited.
2.The removal of topsoil or other earthen materials shall be prohibited.
3.The removal or destruction of any vegetative cover, i.e., trees, shrubs, grasses, etc., shall be prohibited with the exception of the removal of exotic, invasive, dead, diseased or
hazardous vegetation at the discretion of landowner and approval of the City of Muskego.
4.Grazing by domesticated animals, i.e. horses, cows, etc. shall be prohibited.
5.The introduction of plant material not indigenous to the existing environment of the natural area shall be prohibited.
6.Ponds may be permitted subject to the approval of the City of Muskego and, if applicable, the Wisconsin Department of Natural Resources and the Army Corps of Engineers.
7.Construction of buildings is prohibited.
WETLAND SETBACK RESTRICTIONS:
Certain Lots are affected by a City of Muskego required 15 foot setback and certain Lots are affected by a Wisconsin Department of Natural Resources 50 foot wetland protection setback
around certain wetlands areas as shown. The areas of land which are identified as wetland protection offset areas shall follow all restrictions listed in Chapter 17 of the City of Muskego
municipal code relating to wetland protection setbacks. DNR regulations are applicable and said regulations are in addition to all City of Muskego regulations and as shown on the final
plat.
The Developer will protect wetlands with a spilt rail fence in the location shown on the plat - see sheet 8 of 9. The fencing shall be maintained by the homeowners association in perpetuity
and shall not be removed.
PD-48 - Aster Hills Estates Planned Development District
-minimum front setback - 30 ft.
-minimum front setback from Durham Drive, North Cape Road & Priegel Drive - 40 ft.
-minimum rear setback - 25 ft; 40 ft from right of way of roads, except as shown.
-minimum side setback - 15 ft, except as shown.
-minimum wetland setback - 15 ft or 50ft as shown on this plat.
60'
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Homeowners Association shall be responsible for the duties
GLUHFWO\UHIHUHQFHGRQWKLVILQDOSODW,IIRUVRPHUHDVRQWKH
Homeowners Association dissolves or is no longer in existence,
owners of all of the lots collectively, shall take on the duties
directly referenced on this final plat for the Homeowners
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LVQRWDPHPEHURIWKH+RPHRZQHUV$VVRFLDWLRQ´
GRAPHIC SCALE
Feet
0 40 80
ASTER HILLS ESTATES
SHEET 2 OF 9
There are no objections to this plat with respect to
Secs. 236.15, 236.16, 236.20 and 236.21(1) and (2),
Wis Stats. as provided by s. 236.12, Wis. Stats.
Certified __________________, 20_____
Department of Administration
Being a redivision of Certified Survey Map No. 6039, part of vacated Durham Drive and unplatted lands
located in a part of the Northeast 1/4, Northwest 1/4, Southwest 1/4 and Southeast 1/4 of the Northeast
1/4 of Section 24, Town 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin.
GRAPHIC SCALE
Feet
0 40 80
ASTER HILLS ESTATES
SHEET 3 OF 9
There are no objections to this plat with respect to
Secs. 236.15, 236.16, 236.20 and 236.21(1) and (2),
Wis Stats. as provided by s. 236.12, Wis. Stats.
Certified __________________, 20_____
Department of Administration
Being a redivision of Certified Survey Map No. 6039, part of vacated Durham Drive and unplatted lands located in a part of the Northeast 1/4, Northwest 1/4,
Southwest 1/4 and Southeast 1/4 of the Northeast 1/4 of Section 24, Town 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin.
GRAPHIC SCALE
Feet
0 40 80
ASTER HILLS ESTATES
SHEET 4 OF 9
There are no objections to this plat with respect to
Secs. 236.15, 236.16, 236.20 and 236.21(1) and (2),
Wis Stats. as provided by s. 236.12, Wis. Stats.
Certified __________________, 20_____
Department of Administration
Being a redivision of Certified Survey Map No. 6039, part of vacated Durham Drive and unplatted lands located in a part of the Northeast 1/4, Northwest 1/4,
Southwest 1/4 and Southeast 1/4 of the Northeast 1/4 of Section 24, Town 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin.
GRAPHIC SCALE
Feet
0 40 80
ASTER HILLS ESTATES
SHEET 5 OF 9
There are no objections to this plat with respect to
Secs. 236.15, 236.16, 236.20 and 236.21(1) and (2),
Wis Stats. as provided by s. 236.12, Wis. Stats.
Certified __________________, 20_____
Department of Administration
Being a redivision of Certified Survey Map No. 6039, part of vacated Durham Drive and unplatted lands located in a part of the Northeast 1/4, Northwest 1/4,
Southwest 1/4 and Southeast 1/4 of the Northeast 1/4 of Section 24, Town 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin.
GRAPHIC SCALE
Feet
0 40 80
ASTER HILLS ESTATES
SHEET 6 OF 9
There are no objections to this plat with respect to
Secs. 236.15, 236.16, 236.20 and 236.21(1) and (2),
Wis Stats. as provided by s. 236.12, Wis. Stats.
Certified __________________, 20_____
Department of Administration
Being a redivision of Certified Survey Map No. 6039, part of vacated Durham Drive and unplatted lands located in a part of the Northeast 1/4, Northwest 1/4,
Southwest 1/4 and Southeast 1/4 of the Northeast 1/4 of Section 24, Town 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin.
ASTER HILLS ESTATES
SHEET 7 OF 9
There are no objections to this plat with respect to
Secs. 236.15, 236.16, 236.20 and 236.21(1) and (2),
Wis Stats. as provided by s. 236.12, Wis. Stats.
Certified __________________, 20_____
Department of Administration
Being a redivision of Certified Survey Map No. 6039, part of vacated Durham Drive and unplatted lands located in a part of the Northeast 1/4, Northwest 1/4,
Southwest 1/4 and Southeast 1/4 of the Northeast 1/4 of Section 24, Town 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin.
GRAPHIC SCALE
Feet
0 40 80
ASTER HILLS ESTATES
SHEET 8 OF 9
There are no objections to this plat with respect to
Secs. 236.15, 236.16, 236.20 and 236.21(1) and (2),
Wis Stats. as provided by s. 236.12, Wis. Stats.
Certified __________________, 20_____
Department of Administration
Being a redivision of Certified Survey Map No. 6039, part of vacated Durham Drive and unplatted lands
located in a part of the Northeast 1/4, Northwest 1/4, Southwest 1/4 and Southeast 1/4 of the Northeast
1/4 of Section 24, Town 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin.
WETLAND FENCING & STORM SEWER EASEMENT EXHIBIT
ASTER HILLS ESTATES
SHEET 9 OF 9
There are no objections to this plat with respect to
Secs. 236.15, 236.16, 236.20 and 236.21(1) and (2),
Wis Stats. as provided by s. 236.12, Wis. Stats.
Certified __________________, 20_____
Department of Administration
Being a redivision of Certified Survey Map No. 6039, part of vacated Durham Drive and unplatted lands located in a part of the Northeast 1/4, Northwest 1/4,
Southwest 1/4 and Southeast 1/4 of the Northeast 1/4 of Section 24, Town 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin.
CITY TREASURER CERTIFICATE
STATE OF WISCONSIN }
:SS
WAUKESHA COUNTY }
I, SHARON MUELLER, BEING THE DULY ELECTED QUALIFIED AND ACTING CITY TREASURER OF THE CITY OF MUSKEGO, DO HEREBY
CERTIFY THAT IN ACCORDANCE WITH THE RECORDS IN MY OFFICE, THERE ARE NO UNPAID TAXES OR SPECIAL ASSESSMENTS AS OF
, 20 ,ON ANY OF THE LAND INCLUDED IN THE PLAT
OF ASTER HILLS ESTATES.
DATE:
SHARON MUELLER, CITY TREASURER
COUNTY TREASURER'S CERTIFICATE
I, PAMELA F. REEVES, BEING THE DULY ELECTED, QUALIFIED AND ACTING TREASURER OF THE COUNTY OF WAUKESHA, DO HEREBY
CERTIFY THAT THE RECORDS IN MY OFFICE SHOW NO UNREDEEMED TAX SALES OR UNPAID SPECIAL ASSESSMENTS AS OF
, 20 , AFFECTING THE LANDS INCLUDED IN THE PLAT OF ASTER HILLS ESTATES.
DATE:
PAMELA F. REEVES, COUNTY TREASURER
CORPORATE OWNER'S CERTIFICATE
HBT OF ASTER HILLS ESTATES LLC, a limited liability company duly organized and existing under and by
virtue of the laws of the State of Wisconsin, as owner, certifies that it has caused the land described on this Plat to be
surveyed, divided, dedicated and mapped as represented on this Plat.
HBT OF ASTER HILLS ESTATES LLC does further certify that this map is required by S.236.10 or S.236.12 to
be submitted to the following for approval or objection:
City of Muskego
Wisconsin Department of Administration
Waukesha County Department of Parks and Land Use.
IN Witness Whereof, HBT OF ASTER HILLS ESTATES LLC, has caused these presents to be signed by William
A.Wigchers, Vice President of Towne Realty, Inc, it's Manager,
on this day of _____________________ 2015.
HBT OF ASTER HILLS ESTATES LLC
by: Towne Realty, Inc., Manager
BY: __________________________________
William A. Wigchers, Vice President
STATE OF WISCONSIN }
:SS
WAUKESHA COUNTY }
Personally came before me this day of , 2015, William A. Wigchers, Vice President of Towne
Realty, Inc., and Member of HBT OF ASTER HILLS ESTATES LLC, to me known to be the persons who executed the
foregoing instrument and acknowledged that they executed the foregoing instrument as such member.
Notary Public, State of Wisconsin
My commission expires
SURVEYOR'S CERTIFICATE
STATE OF WISCONSIN }
:SS
WAUKESHA COUNTY }
I, JOHN P. CASUCCI, PROFESSIONAL LAND SURVEYOR, CERTIFY:
THAT I HAVE SURVEYED, DIVIDED AND MAPPED A REDIVISION OF CERTIFIED SURVEY MAP NO. 6039,
PART OF VACATED DURHAM DRIVE AND UNPLATTED LANDS LOCATED IN A PART OF THE NORTHEAST
1/4, NORTHWEST 1/4, SOUTHWEST 1/4 AND SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 24,
TOWN 5 NORTH, RANGE 20 EAST, CITY OF MUSKEGO, WAUKESHA COUNTY, WISCONSIN, BOUNDED AND
DESCRIBED AS FOLLOWS:
&200(1&ø1*$77+(1257+:(67&251(52)6$ø'6(&7ø21 7+(1&(6287+
($67
$/21*7+(:(67/ø1(2)6$ø'6(&7ø21)((7727+(6287+:(67&251(52)3$5&(/
ø1&(57ø)ø('6859(<0$312$1'7+(32ø172)%(*ø11ø1*2)/$1'672%('(6&5ø%('
7+(1&(1257+
($67$/21*7+(6287+/ø1(2)6$ø'3$5&(/)((7727+(
6287+($67&251(52)6$ø'3$5&(/ 7+(1&(1257+
:(67$/21*7+(($67/ø1(2)6$ø'
3$5&(/)((77232ø17ø17+(6287+/ø1(2)35ø(*(/'5ø9( 7+(1&(1257+
($67
$/21*6$ø'6287+/ø1( )((772$32ø17 7+(1&(6287+
($67)((7
7+(1&( )((7$/21*$1$5&2)$&859(:+26(&(17(5/ø(6727+(1257+($67:+26(
5$'ø86ø6 )((7$1':+26(&+25'%($566287+
($67)((772$32ø17
7+(1&(6287+
($67)((772$32ø17 7+(1&(6287+
:(67)((772
$32ø17 7+(1&(6287+
($67)((772$32ø17ø17+(:(67/ø1(2)1257+&$3(
52$' 7+(1&(6287+
:(67$/21*6$ø':(67/ø1()((7727+(1257+($67
&251(52)&(57ø)ø('6859(<0$312 7+(1&(1257+
:(67$/21*7+(1257+/ø1(
2)6$ø'&(57ø)ø('6859(<0$3 )((7727+(1257+:(67&251(52)6$ø'&(57ø)ø('
6859(<0$3 7+(1&(6287+
:(67$/21*7+(:(67/ø1(2)6$ø'&(57ø)ø('6859(<0$3
$1'7+(:(67/ø1(2)&(57ø)ø('6859(<0$3 $'ø67$1&(2))((7727+(6287+:(67
&251(52)6$ø'&(57ø)ø('6859(<0$3 7+(1&(6287+
($67$/21*7+(6287+/ø1(
2)6$ø'&(57ø)ø('6859(<0$3)((772$32ø17ø17+(:(67/ø1(2)1257+&$3(52$'
7+(1&(6287+
:(67$/21*6$ø':(67/ø1()((772$32ø17 7+(1&()((7
$/21*$/21*6$ø':(67/ø1($1'$1$5&2)$&859(:+26(&(17(5/ø(6727+(6287+($67
:+26(5$'ø86ø6)((7$1':+26(&+25'%($566287+
:(67)((772
1257+($67&251(52)%2;+2515(6(59(68%'ø9ø6ø21 7+(1&(6287+
:(67$/21*
7+(1257+/ø1(2)6$ø'68%'ø9ø6ø21 )((772$32ø17ø17+(:(67/ø1(2)7+(
1257+($672)6$ø'6(&7ø21 7+(1&(1257+
:(67$/21*6$ø':(67/ø1(
)((7727+(32ø172)%(*ø11ø1*
SAID LAND CONTAINS 2,765,717 SQUARE FEET OR 63.4921 ACRES.
THAT I HAVE MADE SUCH SURVEY, LAND DIVISION AND PLAT BY THE DIRECTION OF HBT OF ASTER
HILLS ESTATES LLC, OWNER OF SAID LAND.
THAT SUCH PLAT IS A CORRECT REPRESENTATION OF ALL THE EXTERIOR BOUNDARIES OF THE LAND
SURVEYED AND THE LAND DIVISION THEREOF MADE.
THAT I HAVE FULLY COMPLIED WITH THE PROVISIONS OF CHAPTER 236 OF THE WISCONSIN STATUTES
AND THE SUBDIVISION REGULATIONS OF THE CITY OF MUSKEGO IN SURVEYING, DIVIDING AND
MAPPING THE SAME.
DATE: OCTOBER 9, 2015
REVISED NOVEMBER 18, 2015
REVISED NOVEMBER 19, 2015
JOHN P. CASUCCI
PROFESSIONAL LAND SURVEYOR
REGISTRATION NO. 2055
UTILITY EASEMENT PROVISIONS :
An easement for electric, natural gas, and communications service is hereby granted by
HBT OF ASTER HILLS ESTATES LLC, Grantor, to
WISCONSIN ELECTRIC POWER COMPANY, a Wisconsin corporations doing business as We Energies, Grantee,
Wisconsin Bell, Inc. d/b/a AT & T Wiscoinsin, a Wisconsin Corporation, Grantee, and
Time Warner Cable Midwest, LLC, Grantee,
their respective successors and assigns, to construct, install, operate, repair, maintain and replace from time to time,
facilities used in connection with overhead and underground transmission and distribution of electricity and electric
energy, natural gas, telephone and cable TV facilities for such purposes as the same is now or may hereafter be used, all
in, over, under, across, along and upon the property shown within those areas on the plat designated as "Utility
Easement Areas", together with the right to install service connections upon, across within and beneath the surface of
each lot to serve improvements, theron, or on adjacent lots; also the right to trim or cut down trees, brush and roots as
may be reasonably required incident to the rights herein given, and the right to enter upon the subdivided property for all
such purposes. The Grantees agree to restore or cause to have restored, the property, as nearly as is reasonably
possible, to the condition existing prior to such entry by the Grantees or their agents. This restoration, however, does not
apply to the initial installation of said underground and/or above ground electric facilities, natural gas facilities, or
telephone and cable TV facilities or to any trees, brush or roots which may be removed at any time pursuant to the rights
herein granted. Structures shall not be placed over Grantees' facilities or in, upon or over the property within the lines
marked "Utility Easement Areas" without the prior written consent of Grantees. After installation of any such facilities, the
grade of the subdivided property shall not be altered by more than four inches without written consent of grantees.
The grant of easement shall be binding upon and inure to the benefit of the heirs, successors and assigns of all parties
hereto.
COMMON COUNCIL CERTIFICATE
RESOLVED THAT THE PLAT KNOWN AS ASTER HILLS ESTATES, IN THE CITY OF MUSKEGO, WAUKESHA COUNTY, WISCONSIN, WHICH HAS BEEN FILED FOR
APPROVAL, BE AND HEREBY IS APPROVED AS REQUIRED BY CHAPTER 236 OF THE WISCONSIN STATE STATUTES.
I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE AND CORRECT COPY OF A RESOLUTION NO. ___________________________,
DATED__________________ AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF MUSKEGO ON DAY OF ___ , 20 .
DATE:
KATHY CHIAVEROTTI, MAYOR
DATE:
SHARON MUELLER, CITY CLERK
PLAN COMMISSION CERTIFICATE
RESOLVED THAT THE PLAT KNOWN AS ASTER HILLS ESTATES, IN THE CITY OF MUSKEGO, WAUKESHA COUNTY, WISCONSIN, WHICH HAS
BEEN FILED FOR APPROVAL BY RESOLUTION NO. ______________ DATED __________________.
DATE:
KATHY CHIAVEROTTI, CHAIRMAN
DATE:
KELLIE MCMULLEN, SECRETARY
NOTES
³7KHVDQLWDU\VHZHUZDWHUPDLQDQGVWRUPVHZHUHDVHPHQWVGHVFULEHGDV³VDQLWDU\VHZHUZDWHUPDLQ
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County, Wisconsin (Grantee) with the right, permission and authority to enter upon, construct, install,
inspect, test, operate, maintain, replace and repair mains, pipes, risers, and other conveyances above and
below ground, together with appurtenances thereto (Facilities), in, through, under, across, and upon said
easements. The right, permission and authority is also granted said Grantee, to trim and/or cut down trees
and/or brush where said trees and/or brush interfere with the installation or maintenance of the Facilities
or represent a hazard to such Facilities. The land must only be put to uses consistent with this easement
such as lawn areas, parking lots and driveways. No obstruction of access to the Facilities or its
appurtenances shall be created in the future in that no building or other structures or items that may
interfere with inspection, maintenance or repair shall be located in the easement. Trees or shrubs may be
allowed within the easement area upon written permission from the Grantee. The surface elevation of the
land within the easements shall not be raised or lowered without the prior written approval of the Grantee.
Grantee and its agents shall have the right to enter upon the easement for the purpose of exercising its
rights herein described. Grantee agrees to restore or cause to have restored said premises, as nearly as is
reasonably possible, to the condition existing prior to such entry by the Grantee or its agents. The
restoration, however, does not apply to any brush or trees which may be removed at any time pursuant to
WKHULJKWVKHUHLQJUDQWHG´
³7KHGUDLQDJHHDVHPHQWVGHVLJQDWHGE\WKHZRUGV³'5$,1$*(($6(0(17672506(:(5DQG67250
SEWER & DRAINAGE EASEMENT on Sheets 2, 3, 4, 5, 6, & 8 of this plat shall be maintained by the owners
of each lot that is burdened by such easement. Specifically, the owner of a lot where an easement is
located shall maintain said easement located on such lot in an unobstructed condition so as to maintain its
intended purpose. Construction of any building, grading or filling-in said easement is prohibited. In the
event such property owner does not properly preserve or maintain the drainage easement area, the City of
Muskego may send written notice to the lot owner indicating that the City has determined that that the
drainage easement is not being properly preserved or maintained, and further indicating that the City of
Muskego will perform such correction of the drainage easement area and/or maintenance if not properly
done by lot owner. The above-referenced notice shall give the lot owner a minimum of seven (7) days to
correct the problem, unless the City determines that a shorter period of notice, or no notice, is necessary
due to exigent circumstances, the City of Muskego shall then have the authority, but not the obligation, to
restore the drainage easement area and/or maintain any such drainage easement area referred to in said
notice and shall have the right to charge the lot owner for any costs incurred by the City as a result of said
restoration and/or maintenance. The City's rights of restoration shall include the right to remove any
obstructions placed by the lot owner within the drainage easement area. Said costs shall be assessed as
special charges pursuant to Section 66.0627, Wisconsin Statutes. If such charges are not paid by any lot
owner within the period fixed by the City of Muskego, the charges shall become a lien upon the lot owner's
lot as provided in Section 66.0627, Wisconsin Statutes, and shall extend upon the tax rolls as a delinquent
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City of Muskego
Plan Commission Supplement PC 054-2015
For the meeting of: November 3, 2015
REQUEST: Approval of the Final Plat for Aster Hills Estates Subdivision
North Cape Road / Tax Key No. 2253.998.003 & .004
NE ¼ of Section 24
PETITIONER: James Doering – Towne Realty, Inc.
INTRODUCED: November 3, 2015
LAST AGENDA: N/A
PREPARED BY: Jeff Muenkel CEcD, AICP
BACKGROUND PC 054-2015
Petitioner has submitted the Final Plat for the Aster Hills Estates Subdivision. The overall Aster Hills development
previously received Preliminary Plat approval from the Planning Commission on December 2, 2014 under PC 063-
2014 and from the Common Council on December 9, 2014 under Resolution 100-2014.
PLAN CONSISTENCY PC 054-2015
Comprehensive Plan: The 2020 Plan indicates this area as slated for medium density residential
development. The proposal is consistent with the Plan.
Zoning: The parcel is zoned PD Planned Development District. The proposed lots all
meet these requirements.
Street System Plan:
All necessary dedications are being made as part of this plat. The plat is
consistent with the Plan.
Adopted 208 Sanitary Sewer
Service Area:
The property is within the sewer service area. The parcels will be served by
municipal sewer.
Water Capacity Assessment
District: The lots will be serviced by public water.
Stormwater The plat has made accommodations for stormwater management in the various
outlots.
Parks and Conservation
Plan
The plan identifies a park need in this quadrant of the city. The developer has
Outlot 2 dedicated to the city for future park purposes as per past approvals.
STAFF DISCUSSION PC 054-2015
Parcels are at least 20,000 square feet and 110 feet in width which is what was allowed as part of the PD Planned
Development zoning. A rezoning to a PD Planned Development zoning allowed some front setbacks to be 30 feet and
side setbacks to be 15 feet as noted on the plat . Overall, the lot layout meets the requirements of the preliminary plat
approved by Plan Commission from December 2014. Engineering relating comments are pending which don’t
affect the approval of the plat at this time but will be required before signing of the final plat. The resolution is
subject to technical corrections.
Lastly, the resolution notes that the approval is s ubject to the dedication of Outlot 2 to the City of Muskego for park
purposes and that Big Muskego Estates Outlot 3 is formally dedicated to the city for conservation purposes before
recording of the Final Plat. These were requirements of the rezoning approvals.
STAFF RECOMMENDATION PC 054-2015
Approval of Resolution #PC 054-2015
The Resolution is drafted to allow approval subject to technical corrections, which do not substantially impair the
plat.
RESOLUTION #P.C. 054-2015
RECOMMENDATION OF APPROVAL OF A FINAL PLAT FOR THE ASTER HILLS ESTATES
SUBDIVISION LOCATED IN THE NE ¼ OF SECTION 24
(NORTH CAPE ROAD / TAX KEY NO. 2253.998.003 & .004)
WHEREAS, On October 16, 2015 a final plat was submitted by Towne Realty, Inc. for the Aster Hills
Estates Subdivision located in the NE ¼ of Section 24, and
WHEREAS, Said plat proposes 53 lots for single-family use and 5 outlots for wetland preservation,
stormwater management, and park dedication, and
WHEREAS, A rezoning to a PD Planned Development zoning was previously granted for this
development and allows minimum lot sizes of 20,000 square feet and minimum widths of 110 feet and
said plat meets the zoning requirements, and
WHEREAS, A rezoning to a PD Planned Development zoning allowed some front setbacks to be 30
feet and side setbacks to be 15 feet as noted on the plat, and
WHEREAS, The overall Aster Hills development previously received Preliminary Plat approval from
the Planning Commission on December 2, 2014 under PC 063-2014 and from the Common Council on
December 9, 2014 under Resolution 100-2014, and
WHEREAS, The 2020 Comprehensive Plan currently depicts the property for low-density residential
uses (.5 – .99 units an acre), and this proposal is consistent with this goal, and
WHEREAS, Said parcels will be serviced by City sewer and water, and
WHEREAS, Stormwater management will be accommodated within the outlots depicted.
THEREFORE BE IT RESOLVED, That the Plan Commission recommends approval to the C ommon
Council of a Final Plat for the Aster Hills Estates Subdivision located in the NE ¼ of Section 24 subject
to resolution of technical discrepancies as identified by the City Planning Department and City
Engineers, and payment of all applicable fees in Section 18.14 of the Land Division Ordinance and
outstanding assessments if applicable.
BE IT FURTHER RESOLVED, That all State and County requirements be addressed before final
approvals.
BE IT FURTHER RESOLVED, That approval is subject to the dedication of Outlot 2 to the City of
Muskego for park purposes and that Big Muskego Estates Outlot 3 is formally dedicated to the city for
conservation purposes before recording of the Final Plat.
BE IT FURTHER RESOLVED, That a digital file of this Plat shall be submitted to the City in
accordance with Common Council Ordinance No. 1118 and Resolution 196-2002.
Plan Commission
City of Muskego
Adopted: November 3, 2015
Defeated:
Deferred:
Introduced: November 3, 2015
ATTEST: Kellie McMullen, Recording Secretary
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1403
AN ORDINANCE TO AMEND THE ZONING MAP
AND 2020 COMPREHENSIVE PLAN
OF THE CITY OF MUSKEGO
(St. Paul’s Lutheran Church – I-1 to RS-2)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN
AS FOLLOWS:
SECTION 1: The following described property is hereby rezoned from I-1 –
Government, Institutional, and Public Service District to RS-2 – Suburban Residence
District:
A tract of land being a part of the Northeast ¼ of the Southeast ¼ of Section 2, Town 5
North, Range 20 East, in the City of Muskego, County of Waukesha, State of Wisconsin,
bounded and described as follows: Commence at the East ¼ Corner of said Section: thence
South 00°59'19" East for a distance of 431.69 feet, along the East line of said ¼ Section, to a
point; thence South 87°41'18" West for a distance of 676.13 feet, parallel to the North line of
said ¼ Section, to the point of beginning; thence South 87°41'18" West for a distance of
258.91 feet, continuing along said line, to a point on the East line of GAULKE DRIVE; thence
North 26°12'42" West for a distance of 120.32 feet, along said East line, to a point; thence
North 87°41'18" East for a distance of 155.79 feet, parallel to the North line of said ¼
Section, to a point; thence Sou th 43°59'09" East for a distance of 0.81 feet, along the top of
bank, to a point; thence South 41°58'55" East for a distance of 46.07 feet, continuing along
the top of bank, to a point; thence South 52°03'32" East for a distance of 22.93 feet,
continuing along the top of bank, to a point; thence South 59°14'51" East for a distance of
14.32 feet, continuing along the top of bank, to a point; thence South 54°57'34'' East for a
distance of 21.31 feet, continuing along the top of bank, to a point; thence South 72°41'10"
East for a distance of 19.20 feet, continuing along the top of bank, to a point; thence South
70°52'21" East for a distance of 25.51 feet, continuing along the top of bank, to a point;
thence South 72°32'37" East for a distance of 15.21 feet, con tinuing along the top of bank, to
a point; thence South 50°13'40" East for a distance of 26.04 feet, continuing along the top of
bank, to the point of beginning. Contains 21,535 SF.
SECTION 2: The several sections of this ordinance are declared to be se verable. If
any section or portion thereof shall be declared by a decision of a court of competent
jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to
the specific section or portion thereof directly specified in the decision, and not affect the
validity of all other provisions, sections, or portion thereof of the ordinance which shall
remain in full force and effect. Any other ordinances whose terms are in conflict with the
provisions of this ordinance are hereby repealed as to those terms that conflict.
SECTION 3: The Common Council does hereby amend the 2020 Comprehensive Plan
to reflect a change from Government and Institutional to Medium Density Residential
uses.
SECTION 4: This ordinance is in full force and effect from and after passage and
publication.
Ord. #1403 2
PASSED AND APPROVED THIS DAY OF , 2015.
CITY OF MUSKEGO
_______________________________
Kathy Chiaverotti, Mayor
First Reading: 11/24/2015
ATTEST:
______________________________
Clerk-Treasurer
Notice of Newly Enacted Ordinance Published:
CITY OF MUSKEGO
Staff Report to Council
November 24, 2015 Meeting
To: Common Council
From: Adam Trzebiatowski, AICP
Subject: St. Paul’s Church Rezoning & 2020 Comprehensive Plan Amendment
Date: November 18, 2015
Background Information:
A Rezoning and 2020 Land Use amendment request has been submitted for the St. Paul’s Church property. The
property is located along Janesville Road and also along Gaulke Drive. The property contains numerous
structures relating to the church and school uses that occur on this site, along with a few homes owned by the
church that have been used by church staff in the past.
The property is currently zoned I-1, Government, Institutional, & Public Service District and the current 2020
Land Use designation is Government & Institutional uses. The proposal is to rezone a portion of this lot to RS-2,
Suburban Residence District. This request also proposes a change to the 2020 Land Use from Government &
Institutional uses to Medium Density Residential uses. The portion of the lot requesting to be rezoned is shown
on the proposed CSM, shown below. This area currently contains one of the homes that is located on the St.
Paul’s Church property. The intention is to rezone this lot so that the proposed land division can occur and this
lot can then be sold off from the church if needed. The newly proposed lot is 21,535 SF in size.
Recommendation:
Staff will be recommending approval of this rezoning at the December Planning Commission as the RS-2 zoning
district and the Medium Density Residential use is already found in this neighborhood and on adjacent properties.
This home would then be zoned the same as others in this neighborhood.
Current Zoning & 2020 Land Use Proposed Zoning & 2020 Land Use
St. Paul's Church RezoningSt. Paul's Church Rezoning
Created By:
City of Muskego
November 18, 2015´Legend
Affected Properties
Zoning
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Petitioner: St. Paul's Church
Tax Key Number:2165972
RS-2
RS-2
HC-1
B-3
B-2
PD-22
I-1
RS-2
RS-2
HC-1
B-3
B-2
Approved
CITY OF MUSKEGO
FINANCE COMMITTEE MINUTES
November 10, 2015
6:50 PM
City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
Mayor Chiaverotti called the meeting to order at 6:50 p.m.
PLEDGE OF ALLEGIANCE
Those present recited the Pledge of Allegiance.
ROLL CALL
Present: Committee Members Aldermen Borgman, Kubacki and Madden. Also present:
Alderman Hammel, Community Development Director Muenkel and Deputy Clerk Blenski.
Alderman Engelhardt arrived at 6:53 p.m.
PUBLIC MEETING NOTICE
The Deputy Clerk stated that the meeting was noticed in accordance with the open meeting
law.
APPROVAL OF MINUTES - October 27, 2015
Alderman Borgman made a motion to approve the minutes. Alderman Kubacki
seconded.
Motion Passed 3 in favor.
LICENSE APPROVALS
Recommend Approval of Operator Licenses
Alderman Kubacki made a motion to recommend approval of Operator Licenses for
David Castona, Jamie Coss and Daniel Saxon. Alderman Madden seconded.
Motion Passed 3 in favor.
Approval of Taxi Driver Licenses for 2016 - Muskego Senior Taxi Service
Michael J. Dombeck, Ann Wissing
Alderman Borgman made a motion to approve the licenses. Alderman Kubacki
seconded.
Motion Passed 3 in favor.
NEW BUSINESS
Recommendation to Utilize 2016 Capital Funds in 2015 (Park Arthur Fencing)
Community Development Director Muenkel was present. The 2016 Capital Budget approved
Finance Committee Minutes 2
November 10, 2015
installing various Park Arthur baseball field fencing. Mr. Muenkel stated that if the 2016
fencing project is done in connection with the 2015 project to install fenced dugouts, an 8%
savings will be recognized.
Alderman Kubacki made a motion to recommend that the funds be used. Alderman
Borgman seconded.
Motion Passed 3 in favor.
Recommendation Authorizing the Mayor to Approve Year-End Vouchers
Alderman Borgman made a motion to recommend approval. Alderman Madden
seconded.
Motion Passed 3 in favor.
VOUCHER APPROVAL
Utility Vouchers
Alderman Borgman made a motion to recommend approval of Utility Vouchers in the
amount of $17,458.02. Alderman Kubacki seconded.
General Fund Vouchers
Alderman Borgman made a motion to recommend approval of General Fund
Vouchers in the amount of $475,478.45. Alderman Madden seconded.
Motion Passed 3 in favor.
Wire Transfers for Payroll/Invoice Transmittals
Alderman Borgman made a motion to recommend approval of Wire Transfers for
Payroll/Invoice Transmittals in the amount of $336,713.67. Alderman Kubacki
seconded.
Motion Passed 3 in favor.
ADJOURNMENT
Alderman Kubacki made a motion to adjourn at 6:56 p.m. Alderman Madden
seconded.
Motion Passed 3 in favor.
Minutes taken and transcribed by Jill Blenski, Deputy Clerk
approved
CITY OF MUSKEGO
PLAN COMMISSION MINUTES
November 3, 2015
6:30 PM
Muskego City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
Mayor Kathy Chiaverotti called the meeting to order at 6:30 PM.
PLEDGE OF ALLEGIANCE
Those present recited the Pledge of Allegiance.
ROLL CALL
Present: Mayor Chiaverotti, Ald. Madden, Commissioner Hulbert, Fiedler, Jacques,
Buckmaster and Bartlett. Also present: Director Muenkel and Recording Secretary McMullen.
STATEMENT OF PUBLIC NOTICE
The meeting was noticed in accordance with the open meeting laws.
APPROVAL OF THE MINUTES OF THE OCTOBER 6, 2015 MEETING
Commissioner Jacques made a motion to approve the minutes of October 6,
2015. Commissioner Fiedler seconded.
Motion Passed 6 in favor.
Commissioner Bartlett abstained.
PUBLIC HEARING
Public Hearing for termination of existing Conditional Use permits for properties listed on
attached notice in accordance with the Muskego Zoning Ordinance.
With no questions or comments, Mayor Chiaverotti closed the public hearing.
CONSENT BUSINESS
Recommended for approval en gross.
Commissioner Buckmaster made a motion to approve the consent business engross.
Commissioner Jacques seconded.
Motion Passed 7 in favor.
RESOLUTION #PC 053-2015 - Approval of a Three Lot Certified Survey Map for the Marohl
property located in the NW 1/4 of Section 1 (Tax Key No. 2162.069 / W133 S6587 Fennimore
Lane).
RESOLUTION #PC 057-2015 - Approval of a Two Lot Extraterritorial Certified Survey Map for
the Rausch property located in the Town of Waterford.
Plan Commission Minutes 2
November 3, 2015
NEW BUSINESS FOR CONSIDERATION
RESOLUTION #PC 054-2015 - Recommendation of Approval of a Final Plat for the Aster Hills
Estates Subdivision located in the NE 1/4 of Section 24 (North Cape Road / 2253.998.003 and
2253.998.007).
Commissioner Jacques made a motion to approve RESOLUTION #PC 054-2015 -
Recommendation of Approval of a Final Plat for the Aster Hills Estates Subdivision
located in the NE 1/4 of Section 24 (North Cape Road / 2253.998.003 and
2253.998.007). Commissioner Madden seconded.
Motion Passed 7 in favor.
RESOLUTION #PC 055-2015 - Approval of a Building, Site and Operation Plan Amendment
for Starz Dance Academy for the property located in the NE 1/4 of Section 5 (Tax Key
2177.934.001 / W195 S6610 Racine Ave).
Commissioner Jacques made a motion to approve RESOLUTION #PC 055-2015 -
Approval of a Building, Site and Operation Plan Amendment for Starz Dance
Academy for the property located in the NE 1/4 of Section 5 (Tax Key 2177.934.001 /
W195 S6610 Racine Ave). Commissioner Buckmaster seconded.
Commissioner Fiedler made a motion to amend RESOLUTION #PC 055-2015 to
accept the plans as submitted with a flat metal wall and remove from the resolution:
BE IT FURTHER RESOLVED, The southern facade needs to be altered to be similar to
the northern facade, to include a similar masonry band, masonry columns, and lap
siding, and to add: BE IT FURTHER RESOLVED, Landscaping is required as 10-
foot arborvitaes every 7 feet along the southern facade in a 6-foot by 130-foot
strip. Commissioner Madden seconded.
Motion Passed 6 in favor 1 opposed.
Commissioner Bartlett voted no.
Motion Passed 6 in favor 1 opposed.
Commissioner Bartlett voted no.
RESOLUTION #PC 056-2015 - Recommendation to Common Council to Terminate
Conditional Use Grants in Accordance with Section 17:14.06 of the Zoning Ordinance.
Commissioner Buckmaster made a motion to approve RESOLUTION #PC 056-2015 -
Recommendation to Common Council to Terminate Conditional Use Grants in
Accordance with Section 17:14.06 of the Zoning Ordinance. Commissioner Jacques
seconded.
Motion Passed 7 in favor.
MISCELLANEOUS BUSINESS
ADJOURNMENT
Commissioner Jacques made a motion to adjourn at 7:07 PM. Ald. Madden
seconded.
Plan Commission Minutes 3
November 3, 2015
Motion Passed 7 in favor.
Respectfully submitted,
Kellie McMullen,
Recording Secretary
approved
CITY OF MUSKEGO
PARKS AND CONSERVATION
COMMITTEE MINUTES
November 3, 2015
5:30 PM
Muskego City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
Toby Whipple called the meeting to order at 5:30 PM.
PLEDGE OF ALLEGIANCE
Those present recited the Pledge of Allegiance.
ROLL CALL
Present: Toby Whipple, Ald. Bob Hammel, Jerry Hulbert, Brett Hyde, Bill Miller, Peal Peardon,
Barbara Erdmann, and Howard Schneider.
Excused: Sharon Roy
STATEMENT OF PUBLIC NOTICE
The meeting was noticed in accordance with the open meeting laws.
APPROVAL OF THE MINUTES OF THE SEPTEMBER 1, 2015 MEETING
Bill Miller made a motion to approve the minutes of the September 1, 2015 meeting,
Howard Schneider seconded.
Motion Passed 8 in favor.
NEW BUSINESS
Park Plan Update/Recommendations
Aster Hills Neighborhood Park Name
2016 Budget Items
DIRECTOR’S REPORT
Public Works Director's Report
Conservation Coordinator's Report
Recreation Manager's Report
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
Announcements only. No discussion or action will be taken.
ADJOURNMENT
Jerry Hulbert made a motion to adjourn at 6:13 PM. Bill Miller seconded.
Motion Passed 8 in favor.
Council Date DECEMBER 8, 2015
Total Vouchers All Funds $396,685.20
Total Voucher Approval
Utility Vouchers (Approve Separately)
Water Vouchers $14,171.35
Water Wire Transfers
Total Water $14,171.35
Sewer Vouchers 6,657.66
Sewer Wire Transfers
Total Sewer $6,657.66
Net Total Utility Vouchers $ 20,829.01
#1 - Utility Voucher Approval
Tax Vouchers - Refunds & Tax Settlements (Approve Separately)
Tax Vouchers $
Tax Void Checks ()**
Total Tax Vouchers $ -
#2 - Tax Voucher Approval
Total General Fund Vouchers (Approve Separately)
General Fund Vouchers $375,856.19
General Fund Void Checks ()**
Total General Fund Vouchers $ 375,856.19
#3 - General Voucher Approval
Big Muskego Lake Vouchers $
.
Wire transfers (Approve Separately):
Tax Settlements $
Debt Service $
Payroll/Invoice Transmittals $315,427.46
#4 - Wire Transfers Approval
Void Checks Since Last Report
Check #Amount Check #Amount
Total ***
Total 0.00 *Total ***
CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 1
Report dates: 11/25/2015-12/8/2015 Dec 04, 2015 11:47AM
Report Criteria:
Detail report.
Invoices with totals above $0 included.
Paid and unpaid invoices included.
[Report].Description = {<>} "1099 adjustment"
Invoice Detail.Type = {>} "adjustments"
Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number
AMERICAN LITHO, INC.
249583-01 1 Invoice Winter-Spring 2016 Program Guide 12/01/2015 12/08/2015 3,331.28 1215 100.05.72.10.5820
Total AMERICAN LITHO, INC.:3,331.28
ARENZ, MOLTER, MACY AND RIFFLE
10717 1 Invoice ASTOR HILL ESTATES/836 12/03/2015 12/08/2015 435.50 1215 507.00.00.00.2714
10717 2 Invoice CITY HALL FACILITY PLAN/GARA 12/03/2015 12/08/2015 1,139.20 1215 401.08.93.51.6550
10717 3 Invoice CITY HALL FACILITY PLAN/CITY H 12/03/2015 12/08/2015 157.50 1215 410.08.90.09.6550
10717 4 Invoice CITY HALL FACILITY PLAN/PD 12/03/2015 12/08/2015 157.50 1215 410.08.91.20.6550
10717 5 Invoice CRICKET 12/03/2015 12/08/2015 328.80 1215 605.56.09.23.5805
10717 6 Invoice MAROHL CSM/864 12/03/2015 12/08/2015 39.80 1215 507.00.00.00.2648
10717 7 Invoice MISC GENERAL GOVERNMENT 12/03/2015 12/08/2015 3,859.50 1215 100.01.05.00.5805
10717 8 Invoice RAUSCH CSM/866 12/03/2015 12/08/2015 39.80 1215 507.00.00.00.2656
10717 9 Invoice TITLE COMMITMENT TWO PARCE 12/03/2015 12/08/2015 900.00 1215 401.08.93.51.6550
10717-PD 1 Invoice Attorney Fees 12/01/2015 12/08/2015 3,615.50 1215 100.01.08.00.6003
Total ARENZ, MOLTER, MACY AND RIFFLE:10,673.10
ASSURANT EMPLOYEE BENEFITS
5469400/12081 1 Invoice DECEMBER 2015 - DENTAL 12/03/2015 12/08/2015 3,338.04 1215 100.00.00.00.2211
5469400/12081 2 Invoice DECEMBER 2015 - VISION 12/03/2015 12/08/2015 457.17 1215 100.00.00.00.2212
60169/120815 1 Invoice ACCIDENT - NOVEMBER 2015 11/16/2015 12/08/2015 220.56 1115 100.00.00.00.2247
60169/120815 2 Invoice CRITICAL ILLNESS - NOVEMBER 2 11/16/2015 12/08/2015 192.15 1115 100.00.00.00.2248
60169/120815 3 Invoice LONG-TERM DIS - NOVEMBER 20 11/16/2015 12/08/2015 344.86 1115 100.00.00.00.2246
60169/120815 4 Invoice SHORT-TERM DIS - NOVEMBER 2 11/16/2015 12/08/2015 565.88 1115 100.00.00.00.2243
Total ASSURANT EMPLOYEE BENEFITS:5,118.66
BAKER & TAYLOR COMPANY
2031393103 1 Invoice PRINT 12/02/2015 12/08/2015 1,103.30 1215 100.05.71.01.5711
2031405889 1 Invoice PRINT 12/03/2015 12/08/2015 2,030.24 1215 100.05.71.01.5711
2031406739 1 Invoice PRINT 12/03/2015 12/08/2015 1,053.96 1215 100.05.71.01.5711
2031407616 1 Invoice PRINT 12/03/2015 12/08/2015 3,899.44 1215 100.05.71.01.5711
2031412492 1 Invoice PRINT 12/03/2015 12/08/2015 90.97 1215 100.05.71.01.5711
2031418482 1 Invoice PRINT 12/03/2015 12/08/2015 826.14 1215 100.05.71.01.5711
5013884993 1 Invoice PRINT 12/02/2015 12/08/2015 42.88 1215 100.05.71.01.5711
Total BAKER & TAYLOR COMPANY:9,046.93
BAKER & TAYLOR ENTERTAINMENT
M86074550 1 Invoice AV 12/02/2015 12/08/2015 20.36 1215 100.05.71.02.5711
M86074551 1 Invoice AV 12/02/2015 12/08/2015 14.36 1215 100.05.71.02.5711
M86757210 1 Invoice AV 12/02/2015 12/08/2015 15.83 1215 100.05.71.02.5711
M86757211 1 Invoice AV 12/02/2015 12/08/2015 128.81 1215 100.05.71.02.5711
M86757212 1 Invoice AV 12/02/2015 12/08/2015 10.79 1215 100.05.71.02.5711
M87453450 1 Invoice AV 12/02/2015 12/08/2015 356.98 1215 100.05.71.02.5711
Total BAKER & TAYLOR ENTERTAINMENT:547.13
CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 2
Report dates: 11/25/2015-12/8/2015 Dec 04, 2015 11:47AM
Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number
BOECK, LAURA
BO12815 1 Invoice MISC OFFICE SUPPLIES 12/03/2015 12/08/2015 19.95 1215 100.05.71.00.5701
Total BOECK, LAURA:19.95
BPI (BLUEPRINTS, INC.)
0013845 1 Invoice METER READING BILLING 12/02/2015 12/08/2015 10.30 1215 100.06.18.01.5704
Total BPI (BLUEPRINTS, INC.):10.30
CAPITOL SURVEY ENTERPRISES
5462 1 Invoice PREPARE EXISTING CONDITIONS 12/03/2015 12/08/2015 1,750.00 1215 410.08.90.09.6550
5462 2 Invoice PREPARE EXISTING CONDITIONS 12/03/2015 12/08/2015 1,750.00 1215 410.08.91.20.6550
Total CAPITOL SURVEY ENTERPRISES:3,500.00
CC&N, INC.
166693 1 Invoice Relocate CAMA lines to data room 12/02/2015 12/08/2015 1,681.28 1215 410.08.90.14.6510
Total CC&N, INC.:1,681.28
CDW GOVERNMENT, INC
BGS8817 1 Invoice IT-Surface-testing 12/03/2015 12/08/2015 912.81 1215 100.07.01.06.6501
Total CDW GOVERNMENT, INC:912.81
CHICAGO TRIBUNE
165816201/120 1 Invoice PRINT 12/03/2015 12/08/2015 78.00 1215 100.05.71.01.5711
Total CHICAGO TRIBUNE:78.00
COMPLETE OFFICE OF WIS
458639 1 Invoice REPORT COVERS/TINA 12/03/2015 12/08/2015 52.08 1215 100.01.03.00.5701
458867 1 Invoice SUPPLIES FOR INVENTORY - GEN 12/03/2015 12/08/2015 26.53 1215 100.01.06.00.5701
458867 2 Invoice BINDER INDEXES - FINANCE 12/03/2015 12/08/2015 11.73 1215 100.01.03.00.5701
Total COMPLETE OFFICE OF WIS:90.34
CONSTANTINEAU, DAVID
CO120815 1 Invoice Open Records Conf. lunches 12/01/2015 12/08/2015 20.00 1215 100.02.20.01.5303
Total CONSTANTINEAU, DAVID:20.00
CONSTRUCTION PROD MARKETING
CO120815 1 Invoice HYDRANT FLOW TESTING 11/23/2015 12/08/2015 4,700.00 1215 605.54.06.54.5702
Total CONSTRUCTION PROD MARKETING:4,700.00
CREATIVE FORMS & CONCEPTS, INC
114288 1 Invoice END OF YEAR FORMS 12/03/2015 12/08/2015 340.14 1215 100.01.06.00.5701
Total CREATIVE FORMS & CONCEPTS, INC:340.14
DIVERSIFIED BENEFIT SERV INC.
211526 1 Invoice FSA FEES/NOV 12/03/2015 12/08/2015 192.51 1215 100.01.06.00.5203
Total DIVERSIFIED BENEFIT SERV INC.:192.51
CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 3
Report dates: 11/25/2015-12/8/2015 Dec 04, 2015 11:47AM
Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number
DLT SOLUTIONS. LLC
4471288A 1 Invoice Annual Renewal Auto Cad 12/03/2015 12/08/2015 1,769.32 1215 100.00.00.00.1601
Total DLT SOLUTIONS. LLC:1,769.32
DOOME, TRACY
DO12815 1 Invoice November Cake/Cookie Decorating 12/03/2015 12/08/2015 455.00 1215 100.05.72.18.5110
Total DOOME, TRACY:455.00
EDWARDS, WILLIAM
ED120815 1 Invoice Winter-Spring Guide 2016 Ad Sales - 12/01/2015 12/08/2015 160.00 1215 100.05.72.10.5820
Total EDWARDS, WILLIAM:160.00
ELLIOTT'S ACE HARDWARE
601005/120815 1 Invoice CITY HALL MAINT 12/03/2015 12/08/2015 121.94 1215 100.01.09.00.5415
601005/120815 2 Invoice PD MAINT 12/03/2015 12/08/2015 9.88 1215 100.02.20.01.5415
601005/120815 3 Invoice LIBRARY MAINT 12/03/2015 12/08/2015 7.41 1215 100.05.71.00.5415
601005/120815 4 Invoice HYDRANTS 12/03/2015 12/08/2015 5.97 1215 605.54.06.54.5702
601005/120815 5 Invoice SEWER 12/03/2015 12/08/2015 1.29 1215 601.61.61.12.5702
Total ELLIOTT'S ACE HARDWARE:146.49
FANDRE, RYAN
FA120815 1 Invoice Lunch w/ Dept Dr. for EMD followup 12/04/2015 12/08/2015 14.19 1215 100.02.20.01.5303
Total FANDRE, RYAN:14.19
FINDAWAY WORLD,LLC
169163 1 Invoice AV 12/02/2015 12/08/2015 55.99 1215 100.05.71.02.5711
170397 1 Invoice AV 12/02/2015 12/08/2015 639.88 1215 100.05.71.02.5711
171168 1 Invoice PROCESSING 12/03/2015 12/08/2015 7.17 1215 100.05.71.00.5701
Total FINDAWAY WORLD,LLC:703.04
FIRST SCRIBE
2467989 1 Invoice ROWAY WEB APPLICATION 12/04/2015 12/08/2015 85.00 1215 100.04.19.00.5815
Total FIRST SCRIBE:85.00
FOTH INFRASTRUCTURE &
46072 1 Invoice BELLE CHASSE SUBDIVISION PH 12/02/2015 12/08/2015 38.25 1215 507.00.00.00.2708
46073 1 Invoice BELLE CHASSE SUBDIVISION PH 12/02/2015 12/08/2015 5,432.95 1215 507.00.00.00.2708
46074 1 Invoice ASTER HILLS SUBDIVISION REVIE 12/02/2015 12/08/2015 28,671.85 1215 507.00.00.00.2714
Total FOTH INFRASTRUCTURE &:34,143.05
FOX SERVICES, LLC
4875 1 Invoice GROUNDS MAINTENANCE CONTR 12/02/2015 12/08/2015 842.50 1215 100.04.51.01.5820
4876 1 Invoice LAWN MOWING SERVICES CONT 12/02/2015 12/08/2015 6,081.25 1215 100.04.51.01.5820
Total FOX SERVICES, LLC:6,923.75
FREDRICKSON, SCOTT
FR120815 1 Invoice REIMB 11/27/2015 12/08/2015 233.06 1215 100.04.51.01.5225
CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 4
Report dates: 11/25/2015-12/8/2015 Dec 04, 2015 11:47AM
Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number
Total FREDRICKSON, SCOTT:233.06
FREY AUTOMOTIVE LLC
001631 1 Invoice 15-10506 tow of suspect vehicle 12/04/2015 12/08/2015 105.10 1215 100.02.20.01.5722
Total FREY AUTOMOTIVE LLC:105.10
G & O THERMAL SUPPPLY CO.
986448 1 Invoice ACTUATOR 12/02/2015 12/08/2015 205.36 1215 100.05.71.00.5415
Total G & O THERMAL SUPPPLY CO.:205.36
GAIL FORCE ENTERPRISES
5265 1 Invoice Fall Session 2 Yoga Thursdays 12/01/2015 12/08/2015 400.00 1215 100.05.72.13.5110
5266 1 Invoice Fall Session 2 Yoga Fridays 12/01/2015 12/08/2015 360.00 1215 100.05.72.13.5110
Total GAIL FORCE ENTERPRISES:760.00
HAWKINS, INC.
3800656 1 Invoice CHEMICALS 11/17/2015 12/08/2015 1,364.50 1215 605.53.06.31.5750
Total HAWKINS, INC.:1,364.50
HEARTLAND BUSINESS SYSTEMS
I151103084 1 Invoice Hartland Programming Firewall 12/02/2015 12/08/2015 1,035.00 1215 410.08.90.14.6510
I151124208 1 Invoice Lib. Citrix updates 12/03/2015 12/08/2015 402.50 1215 100.05.71.00.5505
I151124209 1 Invoice 911 Firewall 12/03/2015 12/08/2015 460.00 1215 410.08.90.14.6510
I151125011 1 Invoice Monthly Consulant 12/03/2015 12/08/2015 776.25 1215 100.01.14.00.5840
Total HEARTLAND BUSINESS SYSTEMS:2,673.75
HEINRICH, FRANK
HE120815 1 Invoice REIMB 2015 12/02/2015 12/08/2015 258.73 1215 100.04.51.01.5225
Total HEINRICH, FRANK:258.73
HUMPHREY SERVICE PARTS
1196019 1 Invoice BETTERY #15 - CORE 11/16/2015 12/08/2015 202.12 1215 100.04.51.07.5405
1196126 1 Invoice STROBE LITE KUBATA 11/17/2015 12/08/2015 188.00 1215 100.04.51.07.5405
1196200 1 Invoice KUBOTA BRACKET 11/18/2015 12/08/2015 13.68 1215 100.04.51.07.5405
1196233 1 Invoice KUBOTA PIG TAIL 11/18/2015 12/08/2015 10.98 1215 100.04.51.07.5405
1196416 1 Invoice CREDIT - HOSE 11/19/2015 12/08/2015 49.06-1215 100.04.51.07.5405
1196690 1 Invoice RING TERMINAL/BRAKLEEN 11/23/2015 12/08/2015 67.16 1215 100.04.51.07.5405
Total HUMPHREY SERVICE PARTS:432.88
IIMC
1754/120815 1 Invoice MEMBERSHIP DUES - DEPUTY CL 12/03/2015 12/08/2015 95.00 1215 100.00.00.00.1601
Total IIMC:95.00
INLAND LEASING
58839970 1 Invoice CONTRACT PAYMENT/NOV 12/03/2015 12/08/2015 116.82 1215 100.01.06.00.5702
Total INLAND LEASING:116.82
CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 5
Report dates: 11/25/2015-12/8/2015 Dec 04, 2015 11:47AM
Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number
INTELLISYS INC
20154077 1 Invoice 2016 SOFTWARE SUPPORT CONT 10/07/2015 12/08/2015 375.00 1215 601.00.00.00.1601
20154077 2 Invoice 2016 SOFTWARE SUPPORT CONT 10/07/2015 12/08/2015 375.00 1215 605.00.00.00.1601
Total INTELLISYS INC:750.00
JAMES IMAGING SYSTEMS INC
640383 1 Invoice Copier 11/16/2015 12/08/2015 19.35 1215 100.04.51.01.5701
640383 2 Invoice Copier 11/16/2015 12/08/2015 19.35 1215 601.61.63.42.5701
640383 3 Invoice Copier 11/16/2015 12/08/2015 19.36 1215 605.56.09.21.5401
Total JAMES IMAGING SYSTEMS INC:58.06
JANI-KING INC- MILW REGION
MIL12150169 1 Invoice CLEANING/CITY HALL DEC 12/03/2015 12/08/2015 2,150.00 1215 100.01.09.00.5835
MIL12150169 2 Invoice CLEANING/PD DEC 12/03/2015 12/08/2015 1,728.00 1215 100.02.20.01.5835
MIL12150169 3 Invoice CLEANING/LIB DEC 12/03/2015 12/08/2015 3,049.00 1215 100.05.71.00.5835
MIL12150169 4 Invoice CLEANING/TOWN HALL DEC 12/03/2015 12/08/2015 363.00 1215 100.05.72.03.5820
MIL12150169 5 Invoice CLEANING/PARK ARTHUR 12/03/2015 12/08/2015 480.00 1215 100.04.51.01.5820
Total JANI-KING INC- MILW REGION:7,770.00
JM BRENNAN, INC.
SALES000070 1 Invoice BOILER REPAIR - CITY HALL 12/03/2015 12/08/2015 496.00 1215 100.01.09.00.5415
Total JM BRENNAN, INC.:496.00
JSA CIVIL ENV ENGINEERS
2587 1 Invoice VEOLIA OVERSIGHT & AUDIT 12/03/2015 12/08/2015 5,268.75 1215 210.03.00.00.5816
Total JSA CIVIL ENV ENGINEERS:5,268.75
KLOSKOWSKI, SCOTT
KL120815 1 Invoice 2015 REIMB 12/02/2015 12/08/2015 99.49 1215 601.61.61.12.5702
KL120815 2 Invoice 2015 REIMB 12/02/2015 12/08/2015 99.49 1215 605.56.09.30.5228
Total KLOSKOWSKI, SCOTT:198.98
KUSCH, KENNETH
KU120815-1 1 Invoice Court ordered Witness fees 12/01/2015 12/08/2015 35.70 1215 100.01.08.00.6004
Total KUSCH, KENNETH:35.70
KUSCH, SANDRA
KU120815 1 Invoice Court ordered Witness fees 12/01/2015 12/08/2015 35.70 1215 100.01.08.00.6004
Total KUSCH, SANDRA:35.70
LAKESIDE INTERNATIONAL TRUCKS
2099979P 1 Invoice #15 & #12 11/17/2015 12/08/2015 637.86 1215 100.04.51.07.5405
2100440P 1 Invoice OLD 13 11/24/2015 12/08/2015 1,748.19 1215 100.04.51.07.5405
Total LAKESIDE INTERNATIONAL TRUCKS:2,386.05
LAMERS BUS LINES INC.
480237 1 Invoice Fall Preschool Swans Farm Field Tri 12/01/2015 12/08/2015 127.28 1215 100.05.72.16.5820
CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 6
Report dates: 11/25/2015-12/8/2015 Dec 04, 2015 11:47AM
Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number
Total LAMERS BUS LINES INC.:127.28
LEMANCZYK, THOMAS
LE120815 1 Invoice In Service lunches 12/01/2015 12/08/2015 16.72 1215 100.02.20.01.5303
Total LEMANCZYK, THOMAS:16.72
LWMMI
WM000672510 1 Invoice CLAIM - WM000672510138 12/03/2015 12/08/2015 627.43 1215 100.01.06.00.6108
Total LWMMI:627.43
MARK J. RINDERLE TIRE INC.
117283 1 Invoice CAMERA TRUCK 11/17/2015 12/08/2015 132.00 1215 601.61.61.21.5306
Total MARK J. RINDERLE TIRE INC.:132.00
MICROMARKETING LLC
597305 1 Invoice AV 12/02/2015 12/08/2015 114.93 1215 100.05.71.02.5711
598295 1 Invoice AV 12/03/2015 12/08/2015 44.99 1215 100.05.71.02.5711
598358 1 Invoice AV 12/03/2015 12/08/2015 40.99 1215 100.05.71.02.5711
598612 1 Invoice AV 12/03/2015 12/08/2015 103.98 1215 100.05.71.02.5711
Total MICROMARKETING LLC:304.89
MIDWEST TAPE
93435527 1 Invoice AV 12/02/2015 12/08/2015 37.78 1215 100.05.71.02.5711
Total MIDWEST TAPE:37.78
MISS BECKY LLC
403 1 Invoice Fall Dance Classes New Berlin Co-o 12/01/2015 12/08/2015 540.00 1215 100.05.72.13.5110
Total MISS BECKY LLC:540.00
MONREAL, JEFFRY
MO120815 1 Invoice Monreal firearms school meals 12/01/2015 12/08/2015 89.00 1215 100.02.20.01.5303
Total MONREAL, JEFFRY:89.00
MUSKEGO STORM
MU120815 1 Invoice Rental of the Muskego Storm Buildin 12/02/2015 12/08/2015 150.00 1215 100.05.72.16.5702
Total MUSKEGO STORM:150.00
NELSON SYSTEMS INCORPORATED
1872 1 Invoice Maintenance call recording-PD-2016 12/02/2015 12/08/2015 2,647.40 1215 100.00.00.00.1601
1872 2 Invoice Maintenance call recording-PD-2015 12/02/2015 12/08/2015 240.67 1215 100.02.20.01.5504
Total NELSON SYSTEMS INCORPORATED:2,888.07
NORELLI, DEANNA
NO120815 1 Invoice Fall Session 2 Intermediate Yoga 12/01/2015 12/08/2015 160.00 1215 100.05.72.13.5110
Total NORELLI, DEANNA:160.00
CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 7
Report dates: 11/25/2015-12/8/2015 Dec 04, 2015 11:47AM
Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number
OCCUPATIONAL HEALTH CENTERS
102445583 1 Invoice AUDIO TESTING 12/03/2015 12/08/2015 64.00 1215 100.04.51.01.5227
102448014 1 Invoice AUDIO TESTING/PW 12/03/2015 12/08/2015 96.00 1215 100.04.51.01.5227
Total OCCUPATIONAL HEALTH CENTERS :160.00
PATTERSON, ZACHARY
PA120815 1 Invoice Aride training lunches 12/01/2015 12/08/2015 20.00 1215 100.02.20.01.5303
Total PATTERSON, ZACHARY:20.00
PAYNE & DOLAN OF WISCONSIN
1394049 1 Invoice COMM GRADE 11/25/2015 12/08/2015 679.77 1215 100.04.51.02.5740
Total PAYNE & DOLAN OF WISCONSIN:679.77
PENGUIN RANDOM HOUSE LLC
1085567574 1 Invoice AV 12/02/2015 12/08/2015 32.00 1215 100.05.71.02.5711
1085581635 1 Invoice AV 12/02/2015 12/08/2015 309.00 1215 100.05.71.02.5711
1085638160 1 Invoice AV 12/02/2015 12/08/2015 45.00 1215 100.05.71.02.5711
1085671849 1 Invoice AV 12/03/2015 12/08/2015 80.00 1215 100.05.71.02.5711
1085685928 1 Invoice AV 12/03/2015 12/08/2015 136.00 1215 100.05.71.02.5711
9002663982 1 Invoice CREDIT ON RETURN 12/02/2015 12/08/2015 50.00-1215 100.05.71.02.5711
Total PENGUIN RANDOM HOUSE LLC:552.00
PICK N SAVE
PI12815 1 Invoice Shopt w/ Cop 12/04/2015 12/08/2015 1,500.00 1215 505.00.00.00.2637
Total PICK N SAVE:1,500.00
PINKY ELECTRIC INC.
17662 1 Invoice BREAKER BOX FOR NIGHT OUT 12/03/2015 12/08/2015 149.00 1215 100.01.09.00.5415
17870 1 Invoice Electrical outlet 911 equipement 12/01/2015 12/08/2015 233.00 1215 410.08.90.14.6510
Total PINKY ELECTRIC INC.:382.00
PIRANHA PAPER SHREDDING LLC
10122111915 1 Invoice PAPER SHREDDING 12/03/2015 12/08/2015 12.50 1215 100.01.06.00.5701
10122111915 2 Invoice ADDITIONAL BOXES (3)12/03/2015 12/08/2015 9.00 1215 100.01.06.00.5701
I492111915 1 Invoice Monthly shred 12/01/2015 12/08/2015 30.00 1215 100.02.20.01.5723
Total PIRANHA PAPER SHREDDING LLC:51.50
PRIORITY DISPATCH CORP
121670 1 Invoice Frank EMD training 12/04/2015 12/08/2015 350.00 1215 100.02.20.01.5301
121701 1 Invoice EMD Q&A Guide 12/04/2015 12/08/2015 53.00 1215 100.02.20.01.5701
Total PRIORITY DISPATCH CORP:403.00
PUBLIC SERVICE COMM OF WIS
1510-I-04005 1 Invoice PSC DIRECT ASSESSMENT 12/03/2015 12/08/2015 217.23 1215 605.58.04.08.6701
Total PUBLIC SERVICE COMM OF WIS:217.23
QUILL CORP
9597069 1 Invoice Preschool Classroom Chairs 12/01/2015 12/08/2015 51.98 1215 100.05.72.16.5702
9607029 1 Invoice Copy Paper-Toner 12/01/2015 12/08/2015 292.19 1215 100.05.72.10.5701
CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 8
Report dates: 11/25/2015-12/8/2015 Dec 04, 2015 11:47AM
Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number
9608662 1 Invoice OFFICE SUPPLIES 11/13/2015 12/08/2015 26.71 1215 601.61.63.42.5701
9608662 2 Invoice OFFICE SUPPLIES 11/13/2015 12/08/2015 26.71 1215 605.56.09.21.5712
9608662 3 Invoice OFFICE SUPPLIES 11/13/2015 12/08/2015 26.70 1215 100.04.51.01.5701
9631013 1 Invoice Copy Paper - Colored Paper 12/01/2015 12/08/2015 66.22 1215 100.05.72.10.5701
9631014 1 Invoice Office Supplies - Pens 12/01/2015 12/08/2015 10.46 1215 100.05.72.10.5701
Total QUILL CORP:500.97
R.A. SMITH NATIONAL INC.
121839 1 Invoice MUSKEGO STREET PROGRAM 12/02/2015 12/08/2015 11,713.00 1215 100.07.51.02.6502
121858 1 Invoice WOODS ROAD BRIDGE CONSTRU 12/02/2015 12/08/2015 2,127.34 1215 410.08.91.19.6508
Total R.A. SMITH NATIONAL INC. :13,840.34
RAICHE, KEVIN
RA120815 1 Invoice ARIDE training lunches 12/01/2015 12/08/2015 18.55 1215 100.02.20.01.5303
Total RAICHE, KEVIN:18.55
RC GRAPHICS
22852 1 Invoice Miranda cards - printing 12/01/2015 12/08/2015 35.00 1215 100.02.20.01.5723
Total RC GRAPHICS:35.00
RED THE UNIFORM TAILOR
00W61318 1 Invoice Sundstrom uniforms 12/01/2015 12/08/2015 151.35 1215 100.02.20.01.5151
00W61358 1 Invoice Pelock uniforms 12/01/2015 12/08/2015 153.89 1215 100.02.20.01.5151
0W61019A 1 Invoice Lange uniforms 12/01/2015 12/08/2015 99.96 1215 100.02.20.01.5151
Total RED THE UNIFORM TAILOR:405.20
ROZMAN TRUE VALUE/CH
21990/120815 1 Invoice OLD TOWN HALL MAINT SUPPLIE 12/03/2015 12/08/2015 23.47 1215 100.05.72.03.5702
Total ROZMAN TRUE VALUE/CH:23.47
ROZMAN TRUE VALUE/PD
23755/120815 1 Invoice Plumbing parts 12/04/2015 12/08/2015 12.97 1215 100.02.20.01.5415
Total ROZMAN TRUE VALUE/PD:12.97
ROZMAN TRUE VALUE/PW
22000/120815 1 Invoice HORN PARK 11/25/2015 12/08/2015 34.92 1215 100.04.51.08.5415
22000/120815 2 Invoice MARKERS 11/25/2015 12/08/2015 16.97 1215 100.04.51.01.5701
22000/120815 3 Invoice LEAF RAKE 11/25/2015 12/08/2015 29.98 1215 100.04.51.10.5704
22000/120815 4 Invoice MISC SUPPLIES 11/25/2015 12/08/2015 58.39 1215 100.04.51.08.5704
Total ROZMAN TRUE VALUE/PW:140.26
ROZMAN TRUE VALUE/UTI
25000/120815 1 Invoice RYAN RD - BULB SEAL 11/25/2015 12/08/2015 38.47 1215 601.61.61.15.5415
25000/120815 2 Invoice MCSHANE - HOSE 11/25/2015 12/08/2015 1.49 1215 601.61.61.15.5415
25000/120815 3 Invoice MISC SUPPLIES 11/25/2015 12/08/2015 35.55 1215 601.61.61.16.5411
25000/120815 4 Invoice WELL 9 11/25/2015 12/08/2015 69.99 1215 605.51.06.02.5702
25000/120815 5 Invoice SINK STOPPER 11/25/2015 12/08/2015 1.29 1215 605.54.06.41.5415
Total ROZMAN TRUE VALUE/UTI:146.79
CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 9
Report dates: 11/25/2015-12/8/2015 Dec 04, 2015 11:47AM
Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number
SAFEWAY PEST MANAGEMENT INC.
512422 1 Invoice Monthly spray 12/01/2015 12/08/2015 38.00 1215 100.02.20.01.5415
512423 1 Invoice PEST CONTROL 12/02/2015 12/08/2015 30.00 1215 100.05.71.00.5415
512424 1 Invoice PEST CONTROL CITY HALL - NOV 12/03/2015 12/08/2015 32.00 1215 100.01.09.00.5415
Total SAFEWAY PEST MANAGEMENT INC.:100.00
SCHAEFER, EDWIN
SC12815 1 Invoice REIMB 2015 11/23/2015 12/08/2015 14.21 1215 100.04.51.01.5225
Total SCHAEFER, EDWIN:14.21
SCHMUS, CHRISTOPHER
SC120815 1 Invoice Over-charge other dept. warrant 12/01/2015 12/08/2015 25.00 1215 100.01.08.00.4272
Total SCHMUS, CHRISTOPHER:25.00
SCHOLBE FARMS
SC120815 1 Invoice WETLAND RESTORATION PROJE 12/02/2015 12/08/2015 245.00 1215 216.08.00.00.6503
Total SCHOLBE FARMS:245.00
SHERIDAN, SCOTT
SH120815 1 Invoice In Service meals 12/04/2015 12/08/2015 28.59 1215 100.02.20.01.5301
Total SHERIDAN, SCOTT:28.59
SIRCHIE FINGER PRINT LAB
0231186-IN 1 Invoice Narco pouches - drug test kits 12/01/2015 12/08/2015 137.00 1215 100.02.20.01.5701
Total SIRCHIE FINGER PRINT LAB:137.00
SOMAR TEK LLC/ ENTERPRISES
99389 1 Invoice Targets for Range 12/01/2015 12/08/2015 48.00 1215 100.02.20.01.6023
Total SOMAR TEK LLC/ ENTERPRISES:48.00
STARK PAVEMENT CORP
12-08-16 INV 1 Invoice DENOON PARK 12/03/2015 12/08/2015 76,644.54 1215 202.08.94.74.6571
12-08-16 INV 2 Invoice GENERAL 12/03/2015 12/08/2015 112,570.04 1215 100.07.51.02.6502
Total STARK PAVEMENT CORP:189,214.58
STREICHER'S
I1179751 1 Invoice Swat goggles 12/01/2015 12/08/2015 385.00 1215 100.02.20.01.5720
I1181116 1 Invoice Rens vest carrier 12/01/2015 12/08/2015 151.98 1215 100.02.20.01.5151
Total STREICHER'S:536.98
SUCH A VOICE, LLC
SU120815 1 Invoice Fall Class Instruction Voice Over Cla 12/01/2015 12/08/2015 50.00 1215 100.05.72.18.5110
Total SUCH A VOICE, LLC:50.00
TAPCO INC.
I509286 1 Invoice SIGNS 11/16/2015 12/08/2015 237.73 1215 100.04.51.03.5743
I509290 1 Invoice SIGNS 11/16/2015 12/08/2015 912.00 1215 100.04.51.03.5743
CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 10
Report dates: 11/25/2015-12/8/2015 Dec 04, 2015 11:47AM
Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number
Total TAPCO INC.:1,149.73
THELEN, BILL
15-052 1 Invoice 2015 REIMB 11/19/2015 12/08/2015 52.55 1215 100.04.51.01.5225
Total THELEN, BILL:52.55
TIME WARNER CABLE
703399401/120 1 Invoice 911 lines 12/04/2015 12/08/2015 186.55 1215 410.08.90.14.6510
Total TIME WARNER CABLE:186.55
TWIEG, WILLIAM
15-9764 1 Invoice Court ordered Victim Restitution 12/01/2015 12/08/2015 797.73 1215 100.01.08.00.4269
Total TWIEG, WILLIAM:797.73
TYLER TECHNOLOGIES, INC
060-4275 1 Invoice Final Bill 12/03/2015 12/08/2015 10,184.00 1215 410.08.90.04.6502
Total TYLER TECHNOLOGIES, INC:10,184.00
USA BLUE BOOK
801151 1 Invoice STENNER #2 & #7 11/12/2015 12/08/2015 228.85 1215 605.53.06.31.5702
Total USA BLUE BOOK:228.85
VERIZON WIRELESS
9755332833 1 Invoice Monthly Bill 12/03/2015 12/08/2015 308.04 1215 100.02.20.01.5604
Total VERIZON WIRELESS:308.04
VON BRIESEN & ROPER S.C.
206302 1 Invoice ATTORNEY FEES - OCTOBER 12/03/2015 12/08/2015 828.00 1215 100.01.05.00.5805
Total VON BRIESEN & ROPER S.C.:828.00
WAL-MART
IR15-10683 1 Invoice Court ordered Victim Restitution 12/01/2015 12/08/2015 51.96 1215 100.01.08.00.4269
WA12815 1 Invoice Shop w/ Cop 12/04/2015 12/08/2015 2,500.00 1215 505.00.00.00.2637
Total WAL-MART:2,551.96
WAL-MART COMMUNITY
4275/120815 1 Invoice Bit of Boo Crafts & Schools Out Sna 12/01/2015 12/08/2015 76.14 1215 100.05.72.16.5702
Total WAL-MART COMMUNITY:76.14
WARHANEK, CAROLYN
WA120815 1 Invoice DENTAL INSURANCE REFUND 12/03/2015 12/08/2015 28.80 1215 100.00.00.00.2211
Total WARHANEK, CAROLYN:28.80
WAUKESHA COUNTY TECH COLLEGE
S0605912 1 Invoice In-Service / Supv School Sheridan/M 12/04/2015 12/08/2015 1,233.78 1215 100.02.20.01.5301
CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 11
Report dates: 11/25/2015-12/8/2015 Dec 04, 2015 11:47AM
Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number
Total WAUKESHA COUNTY TECH COLLEGE:1,233.78
WAUKESHA COUNTY TREASURER
2015-0000005 1 Invoice 2015 TAX BILLING 12/03/2015 12/08/2015 7,763.18 1215 100.01.03.00.5801
2015-0000031 1 Invoice Radio programming 12/01/2015 12/08/2015 217.62 1215 410.08.91.20.6507
WA120815 1 Invoice JAIL ASSESSMENTS/NOVEMBER 12/03/2015 12/08/2015 1,034.20 1215 100.01.08.00.4269
WA120815 2 Invoice DRIVER SURCHARGE/NOVEMBER 12/03/2015 12/08/2015 1,288.80 1215 100.01.08.00.4269
WA120815 3 Invoice INTERLOCAK SURCHARGE/NOVE 12/03/2015 12/08/2015 100.00 1215 100.01.08.00.4269
Total WAUKESHA COUNTY TREASURER:10,403.80
WAUKESHA POLICE DEPT.
9078 1 Invoice Jeramy Hughes warrant 12/01/2015 12/08/2015 114.00 1215 100.01.08.00.4272
Total WAUKESHA POLICE DEPT.:114.00
WE ENERGIES
0000-020-164/1 Invoice CITY GROUP BILL/CITY HALL 11/30/2015 12/08/2015 2,554.04 1215 100.01.09.00.5910
0000-020-164/2 Invoice CITY GROUP BILL/PD 11/30/2015 12/08/2015 2,802.70 1215 100.02.20.01.5910
0000-020-164/3 Invoice CITY GROUP BILL/STREET LIGHT 11/30/2015 12/08/2015 3,979.96 1215 100.04.51.06.5910
0000-020-164/4 Invoice CITY GROUP BILL/SALT SHED 11/30/2015 12/08/2015 21.74 1215 100.04.51.06.5910
0000-020-164/5 Invoice CITY GROUP BILL/IND PARK LIGH 11/30/2015 12/08/2015 544.33 1215 100.04.51.06.5910
0000-020-164/6 Invoice CITY GROUP BILL/LITTLE LAKE D 11/30/2015 12/08/2015 24.12 1215 100.04.51.08.5910
0000-020-164/7 Invoice CITY GROUP BILL/GARAGE 50%11/30/2015 12/08/2015 577.55 1215 100.04.51.08.5910
0000-020-164/8 Invoice CITY GROUP BILL/SEWER 25%11/30/2015 12/08/2015 288.78 1215 601.61.61.20.5910
0000-020-164/9 Invoice CITY GROUP BILL/WATER 25%11/30/2015 12/08/2015 288.78 1215 605.56.09.21.5910
0000-020-164/10 Invoice CITY GROUP BILL/PARKS 11/30/2015 12/08/2015 633.59 1215 100.04.51.08.5910
0000-020-164/11 Invoice CITY GROUP BILL/PARKS GARAG 11/30/2015 12/08/2015 89.72 1215 100.04.51.08.5910
0000-020-164/12 Invoice CITY GROUP BILL/COMMERCE CT 11/30/2015 12/08/2015 30.09 1215 100.04.51.08.5910
0000-020-164/13 Invoice CITY GROUP BILL/ST LIGHTS TES 11/30/2015 12/08/2015 223.49 1215 100.04.51.06.5910
0000-020-351/1 Invoice 10/15 WELLS ELEC 11/25/2015 12/08/2015 4,733.07 1215 605.52.06.22.5910
0000-020-351/2 Invoice 10/15 WELLS GAS 11/25/2015 12/08/2015 9.57 1215 605.52.06.22.5910
0000-021-027/1 Invoice 10/15 L/S ELEC & GAS 11/19/2015 12/08/2015 5,609.57 1215 601.61.61.20.5910
0000-021-134/1 Invoice CITY GROUP BILL/CITY HALL 11/30/2015 12/08/2015 229.61 1215 100.01.09.00.5910
0000-021-134/2 Invoice CITY GROUP BILL/PD 11/30/2015 12/08/2015 42.51 1215 100.02.20.01.5910
0000-021-134/3 Invoice CITY GROUP BILL/GARAGE 50%11/30/2015 12/08/2015 20.39 1215 100.04.51.08.5910
0000-021-134/4 Invoice CITY GROUP BILL/SEWER 25%11/30/2015 12/08/2015 10.20 1215 601.61.61.20.5910
0000-021-134/5 Invoice CITY GROUP BILL/WATER 25%11/30/2015 12/08/2015 10.19 1215 605.56.09.21.5910
0000-021-134/6 Invoice CITY GROUP BILL/PARKS 11/30/2015 12/08/2015 51.00 1215 100.04.51.08.5910
0000-021-134/7 Invoice CITY GROUP BILL/PARKS GARAG 11/30/2015 12/08/2015 26.46 1215 100.04.51.08.5910
0263-955-013/1 Invoice W13440 JANESVILLE/SIGN LIGHT 12/03/2015 12/08/2015 32.38 1215 100.04.51.06.5910
0461-908-752/1 Invoice BOXHORN OUTBUILDING 11/30/2015 12/08/2015 28.15 1215 100.04.51.08.5910
0650-659-591/1 Invoice S7795 PIONEER/STREET LIGHT 12/03/2015 12/08/2015 358.18 1215 100.04.51.06.5910
1210-375-582/1 Invoice RANGE 11/17/2015 12/08/2015 32.65 1115 100.02.20.01.6023
1222-851-033/1 Invoice NOV ELEC WELL 9 11/20/2015 12/08/2015 542.31 1215 605.52.06.22.5910
1222-851-033/2 Invoice NOV GAS WELL 9 11/20/2015 12/08/2015 13.29 1215 605.52.06.22.5910
1222-851-033/3 Invoice OCT ELEC WELL 9 11/20/2015 12/08/2015 567.84 1215 605.52.06.22.5910
1222-851-033/4 Invoice OCT GAS WELL 9 11/20/2015 12/08/2015 14.11 1215 605.52.06.22.5910
2288-776-743/1 Invoice W15913 JANESVILLE/STREET LIG 12/03/2015 12/08/2015 463.08 1215 100.04.51.06.5910
3766093 1 Invoice ASTER HILLS SUBDIVISION LIGHT 12/02/2015 12/08/2015 5,903.39 1215 507.00.00.00.2714
3865295 1 Invoice STREET LIGHT CROWBAR/DENO 12/03/2015 12/08/2015 273.00 1215 100.04.51.06.5916
4277-310-008/1 Invoice W17007 JANESVILLE/STREET LIG 12/03/2015 12/08/2015 725.25 1215 100.04.51.06.5910
5271-186-125/1 Invoice S63W17833 COLLEGE AVE/SLED 12/03/2015 12/08/2015 34.56 1215 100.04.51.08.5910
5499-564-961/1 Invoice GROUP GAS/LIB 12/03/2015 12/08/2015 1,043.14 1215 100.05.71.00.5910
5499-564-961/2 Invoice GROUP ELEC/LIB 12/03/2015 12/08/2015 4,379.96 1215 100.05.71.00.5910
5499-564-961/3 Invoice GROUP GAS & ELEC/HIST SOCIET 12/03/2015 12/08/2015 236.08 1215 100.05.72.03.5910
5499-564-961/4 Invoice GROUP HIST/ADDL POLE LIGHT 12/03/2015 12/08/2015 13.48 1215 100.04.51.08.5910
CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 12
Report dates: 11/25/2015-12/8/2015 Dec 04, 2015 11:47AM
Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number
5499-564-961/5 Invoice GROUP ARCH 12/03/2015 12/08/2015 20.32 1215 100.04.51.08.5910
5499-564-961/6 Invoice GROUP FOUNTAIN 12/03/2015 12/08/2015 52.85 1215 100.04.51.08.5910
5499-564-961/7 Invoice GROUP PAVILION 12/03/2015 12/08/2015 83.08 1215 100.04.51.08.5910
5499-564-961/8 Invoice GROUP AREA LIGHTS 12/03/2015 12/08/2015 114.09 1215 100.04.51.08.5910
5499-564-961/9 Invoice GROUP VETERANS PARK LIGHTS 12/03/2015 12/08/2015 53.26 1215 100.04.51.08.5910
6684-374-692/1 Invoice COLLEGE AVE/ARTHUR PARK PA 12/03/2015 12/08/2015 196.22 1215 100.04.51.06.5910
7202-321-889/1 Invoice MOORLAND STREET LIGHTS 12/03/2015 12/08/2015 452.00 1215 100.04.51.06.5910
7613-832-186/1 Invoice S63W17833 COLLEGE AVE/3 BB FI 12/03/2015 12/08/2015 26.97 1215 100.04.51.08.5910
7652-884-955/1 Invoice W16446 JANESVILLE/STREET LIG 12/03/2015 12/08/2015 531.78 1215 100.04.51.06.5910
8695-949-170/1 Invoice SHOOT HOUSE 11/17/2015 12/08/2015 46.76 1115 100.02.20.01.6023
9495-306-298/1 Invoice RYAN 11/15 11/18/2015 12/08/2015 19.76 1115 601.61.61.20.5910
Total WE ENERGIES:39,059.40
WEST ALLIS POLICE DEPARTMENT
9117/9118 1 Invoice Loisann Taylor warrant 12/04/2015 12/08/2015 391.00 1215 100.01.08.00.4272
Total WEST ALLIS POLICE DEPARTMENT:391.00
WIND LAKE AUTOMOTIVE INC
27233 1 Invoice 2014 TAHOE LS 11/18/2015 12/08/2015 105.00 1215 100.02.20.01.5405
Total WIND LAKE AUTOMOTIVE INC:105.00
WIS RURAL WATER ASSOC
S1372 1 Invoice MEMBERSHIP RENEW 2016 12/01/2015 12/08/2015 555.00 1215 605.00.00.00.1601
Total WIS RURAL WATER ASSOC:555.00
WISCONSIN DEPT OF ADMIN
WI120815 1 Invoice COURT FEES/NOVEMBER 12/03/2015 12/08/2015 5,662.58 1215 100.01.08.00.4269
Total WISCONSIN DEPT OF ADMIN:5,662.58
YOUSSI, DENNIS
YO12815 1 Invoice REIMB 2015 12/02/2015 12/08/2015 300.00 1215 100.04.51.01.5225
Total YOUSSI, DENNIS:300.00
Grand Totals: 396,685.20
Report Criteria:
Detail report.
Invoices with totals above $0 included.
Paid and unpaid invoices included.
[Report].Description = {<>} "1099 adjustment"
Invoice Detail.Type = {>} "adjustments"