CC012621packetCITY OF MUSKEGO
COMMON COUNCIL AGENDA
01/26/2021
6:00 PM
Muskego City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
ROLL CALL
STATEMENT OF PUBLIC NOTICE
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.
COMMUNICATIONS FROM THE MAYOR'S OFFICE
PUBLIC HEARING
To consider the petition of Wisco Carts & Milwaukee Camper Rental to be granted a rezoning from
B-2 - Local Service Center District to B-3 - General Business District for the purpose of allowing the
sale and service of new and used golf carts and camper rental on the property.
Public Hearing Notice-Wisco Carts.pdf
Staff Memo-Wisco Carts Rezoning.pdf
UNFINISHED BUSINESS
Resolution #101-2020 - Approval of Solid Waste Services Contract for 2021-2025 with GFL
Muskego, LLC for Refuse and Recycling Collection. On the floor, deferred December 8, 2020.
CCR2020101-Contract-Refuse and Recycling.docx
Recycling and Refuse Contract - Final.docx
Staff Memo - Recycling and Refuse Contract.docx
2020 Form 1A- Cost Proposal - GFL.docx
CONSENT AGENDA
Approval of Common Council Minutes - January 12, 2021
CCM01122021.docx
Approval of Operator Licenses
OP LIC 20210126.docx
Resolution #007-2021 - Approval of Lease Agreement with Jack King for Kelsey Drive Conservation
Site
CCR2021007-King-Lease.docx
CCR2021007-King 2021-22 Farm Lease (Agreement).docx
1
Resolution #008-2021 - Approval of Lease Agreement with Robert Stigler for the Badertscher
Preserve
CCR2021008-Stigler-Lease.docx
CCR2021008-Stigler 2021-22 Farm Lease (Agreement).docx
Resolution #009-2021 - Approval of Lease Agreement with Karl Thiesenhusen for the Tillable
Lands at Park Arthur
CCR2021009-Thiesenhusen-Lease.docx
CCR2021009-Thiesenhusen 2021-22 Farm Lease (Agreement).docx
Resolution #010-2021 - Award of Bid for Portable Toilet Facilities Services
CCR2021010-Portable Toilets.doc
CCR2021010-Attachment.pdf
Resolution #011-2021 - Award of Bid - Hillendale Road Project
CCR2021011-Bid-Hillendale Road Project.docx
Staff Memo-Hillendale Drive Road Project.docx
NEW BUSINESS
REVIEW OF COMMITTEE REPORTS
Finance Committee - December 8, 2020
FCM20201208.docx
FIRST READING OF ORDINANCES AND POSSIBLE SECOND READING IF RULES WAIVED
Ordinance #1455 - An Ordinance to Amend the Zoning Map of the City of Muskego (Wisco Carts
and Milwaukee Camper Rental - B-2 to B-3)
ORD20211455-Rezone-Wisco Carts.doc
Ordinance #1456 - An Ordinance to Amend Chapter 267, Sections 267-4., 267-6., 267-7. C. and
267-18., of the Municipal Code of the City of Muskego (Peddlers, Solicitors and Transient
Merchants)
ORD20211456-Peddlers.docx
VOUCHER APPROVAL
Utility Vouchers
Tax Vouchers
General Fund Vouchers
Wire Transfers for Payroll/Invoice Transmittals
Voucher Reports
Vouchers - Total.pdf
Vouchers - Alpha Report.pdf
CITY OFFICIALS' REPORTS
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
Updates from Aldermanic Liasons
Muskego Senior Taxi - Alderperson Wolfe
2
Muskego Festival Committee - Alderperson Hammel
Muskego Historical Society - Alderperson Kapusta
Little Muskego Lake District - Alderperson Engelhardt
Advanced Disposal Services Emerald Park Landfill Standing Committee - Alderperson Madden
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.
3
I0450900225FeetScale:
Legend
Affected Area
Properties w ithin 300 ft
Municipal Boundary
Right-of-Way
Parcels
Structures
Lake
Janesville R d.
M
erc
u
ry D
r.
R
acin
e A
ve.
CITY OF MUSKEGO NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that the Common Council of the City of Muskego will hold a Public Hearing at 6:00 PM, or shortly thereafter, on Tuesday, January 26, 2021, at Muskego City Hall, W182 S8200 Racine Avenue, to consider the following: Upon the petition of Wisco Carts & Milwaukee Camper Rental shall the following area described as: Tax Key No. 2225.984 / S80 W19025 Janesville Road Be granted a rezoning from B-2 – Local Service Center District to B-3 – General Business District for the purpose of allowing the sale and service of new and used golf carts and camper rental on the property. The petitioner’s application is available for public inspection at the City of Muskego Planning Division office. All interested parties will be given an opportunity to be heard. Plan Commission City of Muskego Publish in the Muskego NOW Newspaper on January 6, 2021 and January 13, 2021. Dated this 29th day of December, 2020. 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 AND 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. NOTICE "Please note that, 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 the Planning Division at City Hall, W182 S8200 Racine Avenue, (262) 679-4136."
4
CITY OF MUSKEGO
Staff Report to Common Council
January 26, 2021 Meeting
To: Common Council
From: Adam Trzebiatowski, AICP
Subject: Wisco Carts & Milwaukee Camper Rental Rezoning – B-2 to B-3
Date: January 20, 2021
Background Information:
The petitioners, George DeGraffenreid & Dan Sweeney of Wisco Carts & Milwaukee Camper Rental, are
applying to rezone a property that they are looking to lease from Steve Ziegler, located on the south side of
Janesville Road at S80 W19025 Janesville (Tax Key No. 2225.984) from B-2 – Local Service Center District
to B-3 - General Business District. The B-3 district allows minimum lot sizes of 20,000 SF with a minimum
average width of 100 feet. The 2020 Comprehensive Plan identifies this area for Commercial Uses and the
proposal is consistent with the Comprehensive Plan so no Comprehensive Plan change is required as part of
this rezoning request. The property was formerly the home to Paradise Pools.
The petitioners are requesting this rezoning in order to be able to locate their golf cart and camper rental
business to this property. As part of the business operations they will be selling new and used golf carts in
addition to servicing golf carts. Golf carts are being considered an automobile, or vehicle due to the
operations of body work and engine repairs. Uses such as this that include the sales and service of
automobiles or vehicles in general, are allowed in the B-3 District, subject to Plan Commission approval of a
Building, Site and Operation (BSO) Plan and Conditional Use Grant (CUG).
5
6
EXHIBIT B:
Wisco Carts & Milwaukee Camper Rental intended use for S80W19025 Janesville Rd, Muskego, WI:
Purpose of this request:
The address in question has been used previously and primarily for the past few years as a pool sales
and service company. This site is currently zone B2. We are requesting a rezoning from B2 to B3 in
order to use the property as a golf cart retail sales, service and a camper rental business.
Who we are:
Wisco Carts & Milwaukee Camper Rental are family owned and operated businesses. Milwaukee
Camper Rental was started 10 years ago by Dan Sweeney and George DeGraffenreid. This business runs
entirely on renting small campers to private parties between the months of April and October. We have
4-5 campers in the fleet.
Wisco Carts was formed in August of 2020 by George DeGraffenreid and Dan Sweeney and will sell new
golf carts, used golf carts, and provide service repairs on golf carts in addition to running a retail web site
selling golf cart parts.
Faust Investments is a property management company managing properties for Steve Ziegler.
Steve Ziegler is a prominent businessperson in Muskego as the owner of Inpro.
Hours of Operation: Employees:
9am-6pm Monday – Friday Owners Dan and George
8am-2pm Saturday
Closed Sunday
Signage and Lighting:
We will use the existing Paradise Pools backlit street sign of 4’x8’ dimensions with our simple design. We
are currently working with sign design teams. At the time of the commission meeting, we expect to
have a design to share, but please See Exhibit A1 as a possible option. We will also display hours of
operation on the front door with standard door decals or signage you typically see on every other
business in Muskego, WI. We will use the existing exterior lighting on site.
Traffic generation:
We will have peak traffic of 4 customer cars at any given time, with room for those customers and their
families in the 1000 sq ft show room. Our parking area of 7 spaces (covered in the next section) should
be ample for customers and employees.
Parking:
The front parking lot will be divided into 2 uses. The West portion of the lot directly in front of the main
building will be for 3 Customer parking spaces, 2 - 9’x18’, and a larger ADA space closest to the building
providing extra room for exit/entry as noted in the survey completed by B.W. Surveying. The East area
of the front parking lot, approximately 20’x32’ will be for daytime display of up to 6 golf carts which will
be moved out of our garage each morning, kept during the day for display, and moved back into garage
at close of business. This display area is also noted on the survey. There will be an additional 4 spaces
of parking in the rear of the main building. 2 spaces side by side in the back side of the existing building
7
and 2 spaces nose to tail by the West end of the garage along the side driveway closest to the west lawn
separating S80W1905 from the Muskego Animal Hospital.
Golf cart and Camper Display:
Golf carts - We will use the front parking lot as noted on the survey for golf cart display and in the above
parking section description. With the remainder of our golf carts stored in our ample garage storage as
noted above. *****Purchased golf carts will be loaded onto customer trailers in the rear of the existing
building.
Campers - Most of the campers will be rented out during peak season June-September and will rarely be
on site, but when they are on site, we are asking for the area South of the main building and West of the
garage to be a hard surface. This area is currently limestone. As we understand it, the previous
business/businesses installed limestone without a permit in this area. We would like to select an
affordable, no dust hard surface to be used for camper storage. Limestone would be the most
affordable, and would provide us the hard surface we need, would not create dust as it would not be
traveled on. Concrete is the best solution, but also the most expensive. Asphalt could be another
option. The existing size of this area is 2200 sq ft and we could have as many as 6 campers in storage at
any given time.
We do not think we would need fencing around any part of this hard surface area. The front opens to
the back driveway area of the main building and is not visible to the street. See Exhibit C1. Between
the East side of the building and the neighbor to the east there is existing shrubbery and trees. See
Exhibit C2 & C3. And, finally the rear of the proposed hard surface area cannot be seen from the
walking path behind the building. See Exhibit C4.
*****An additional note on the camper rental process: Our process will be two-fold. Once a customer
parks in a parking spot and enters our building for their pre-arranged appointment, we will ask them to
pull around to the back where we will pull a camper out of the storage area (with a golf cart) requested
in the above Parking section and hook up the camper to their vehicle tow hitch. There will never be
more than one camper rental at any time. Customers will return their campers to the same area behind
the main building where the rental took place.
Main building use:
Front Showroom – We will use the existing showroom floor to park 4-5 golf carts along the East side
wall and will use the interior blue walls to display accessories like seat fabric options, stereo component
ideas, and tire and wheel combination options. We intend on using all existing interior lighting,
electrical and current showroom floor options as they are currently. There is a small kitchen and
bathroom that will remain and function as they are with no changes.
Garage and Backroom areas -
We intend on using all existing interior lighting, electrical and set up as they are currently including
fixtures, shelving and storage areas.
Storage - There is currently a backroom area with shelving directly behind the south showroom floor
wall that we will used as it is currently set-up as a storage area. There is also shelving along the interior
walls of the warehouse area that we will use for storage of parts and accessories.
8
Repair work - The garage area in the southwest portion of the main building will be used as our repair
area. This is where we will work on gas and electric golf carts providing repairs like new tires and
wheels, battery replacements, light replacements and accessory additions like stereos and seats with
seat belts.
Existing detached garage:
This building is where we will hold overnight storage of display golf carts as well as hold the additional
golf cart inventory. We believe this and all indoor areas will be ample storage for the foreseeable future.
Additional considerations:
These businesses will not generate any additional noise, pollution, odors, vibration, electromagnetic
radiation, glare, heat, nor disrupt or add to traffic along Janesville Rd.
These businesses will use the existing Recycling service provider. And will carry the MSDS for oil and golf
cart batteries as required.
*****Future Expansion:
We would like to consider using the lawn area behind the detached garage as a possible expansion for
golf cart and camper parking and storage. We know we will have to install a fence using approved
materials while also making that area a hard surface. That is only a possibility should the business needs
grow.
EXHIBIT A1
9
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #101-2020
APPROVAL OF SOLID WASTE SERVICES CONTRACT FOR
2021-2025 WITH GFL MUSKEGO, LLC FOR
REFUSE AND RECYCLING COLLECTION
WHEREAS, The City’s current Contract with Advanced Disposal Services Solid Waste
Midwest, LLC, now acquired by GFL Environmental, Inc., for hauling of refuse and
recycling terminates December 31, 2020; and
WHEREAS, The City sent out a Request for Proposal (RFP) for the collection and
hauling of refuse and recycling for the 2021-2025 calendar years; and
WHEREAS, Two Proposals were submitted by vendors; and
WHEREAS, Upon review of the Proposals, the Public Works and Development Director
recommends acceptance of the one Proposal submitted by GFL Muskego, LLC as
being in the best interest of the City for refuse and recycling collection; and
WHEREAS, Based upon said Proposal, a Contract has been negotiated by the parties,
a copy of which is attached hereto.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego does hereby approve the attached Contract with GFL Muskego, LLC for
Refuse and Recycling Collection for the 2021-2025 calendar years subject to final
review by the City Attorney.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are hereby
authorized to sign the Contract and the City Attorney is authorized to make substantive
changes to it as may be necessary in order to preserve the general intent thereof.
DATED THIS 26TH DAY OF JANUARY 2021.
SPONSORED BY:
Mayor Rick Petfalski
Deferred December 8, 2020
This is to certify that this is a true and accurate copy of Resolution #101-2020, which
was adopted by the Common Council of the City of Muskego.
Deputy Clerk
12/20jmb
10
SOLID WASTE SERVICES CONTRACT
For the City of Muskego (“City”)
City Representative
Scott Kroeger
Director of Public Works
W182 S8200 Racine Ave.
Muskego, WI 53150
262-679-5686
GFL Muskego, LLC (“Contractor”)
Contractor Representative
Jason Johnson
W144 S6350 College Court
Muskego, WI 53150
262-893-9156
Contract Effective Date: February 1, 2021
11
Page 1
6/2015 - WC
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.............................................................. 16
ARTICLE 5 – COMPLIANCE WITH APPLICABLE LAW............................................... 20
ARTICLE 6 – RECORDS, REPORTING AND AUDITS ................................................ 21
ARTICLE 7 – INDEMNITIES, INSURANCE, SURETY.................................................. 24
ARTICLE 8 – BREACHES, DEFAULTS AND REMEDIES............................................ 29
ARTICLE 9 – SUSPENSION OR TERMINATION......................................................... 37
ARTICLE 10 – TRANSFER OR ASSIGNMENT OF CONTRACT................................. 41
ARTICLE 11 – INTERPRETATION OF CONTRACT.................................................... 42
ARTICLE 12 – THE PARTIES....................................................................................... 43
ARTICLE 13 – TERM OF CONTRACT......................................................................... 45
ARTICLE 14 – CHANGE IN SCOPE OF SERVICE...................................................... 46
ARTICLE 15 - AMENDMENTS ..................................................................................... 47
ARTICLE 16 – NOTICES, CONSENTS, APPROVALS, ETC........................................ 48
ARTICLE 17 – STATE TIPPING FEES......................................................................... 48
ARTICLE 18 – EXECUTION OF CONTRACT .............................................................. 49
SCHEDULES ............................................................................................................... 50
SCHEDULE 1 – CONTRACT SERVICES AND COST SUMMARY.............................. 51
12
Page 2
6/2015 - WC
SCHEDULE 2 – COLLECTION CONTRACT COMPLIANCE ITEMS RELATED TO
RECYCLING CONTAINERS AND DELIVERY OF RECYCLABLES TO
A LICENSED MRF ............................................................................. 52
SCHEDULE 3 – CONTRACTOR FINANCIAL ASSURANCE........................................ 53
SCHEDULE 4 – CONTRACTOR EVIDENCE OF INSURANCE................................... 54
SCHEDULE 5 – CONTRACTOR AFFIDAVIT CERTIFYING ACCESS TO SUFFICIENT
LANDFILL CAPACity ........................................................................ 55
SCHEDULE 6 – ANNUAL RATE ADJUSTMENT ......................................................... 56
SCHEDULE 7 – SAMPLE MONTHLY INVOICE........................................................... 57
SCHEDULE 8 – BULKY ITEM DIVERSION PROGRAM .............................................. 58
SCHEDULE 9 – EMERGENCY BACK-UP COLLECTION SERVICE PLAN................. 59
SCHEDULE 10 – CUSTOMER COMPLAINT & BILLING DISPUTE RESOLUTION..... 60
SCHEDULE 11 – UNPERMITTED WASTE SCREENING PROTOCOL....................... 61
SCHEDULE 12 – CUSTOMER EDUCATION PLAN..................................................... 62
SCHEDULE 13 – ROUTE MAPS, SHEETS, AND CHANGE REQUESTS ................... 63
SCHEDULE 14 – RECYCLING RECEPTACLES INVENTORY.................................... 64
SCHEDULE 15 – MONTHLY & ANNUAL REPORTS (SAMPLES)............................... 65
SCHEDULE 16 – PROTOCOL FOR DELIVERY OF RECYCLABLES TO THE
DESIGNATED MRF.......................................................................... 66
SCHEDULE 17 – VEHICLES, DRIVERS AND EQUIPMENT ....................................... 67
13
Page 3
6/2015 - WC
THIS CONTRACT (“Contract”) is made and entered into this ____ day of _________,
2020, by and between the City of Muskego (hereinafter “City”) and GFL Muskego, LLC, a
Wisconsin limited liability company (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 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 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.
14
Page 4
6/2015 - WC
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 only and does not 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, etc.
Christmas Trees
15
Page 5
6/2015 - WC
Tires (One per week)
Bulky Itemsdoes 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 orother form thereof means any or all Solid Wastepickup(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 tangible propertyused by Contractor in performing Contract
services, including vehicles and Receptacles.
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).
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.
Designated MRF means a licensed Material Recovery Facility selected by Contractor to deliver
recyclable materials collected pursuant to this Agreement.
Disposal or Dispose or other form thereof means final disposition 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.
16
Page 6
6/2015 - WC
Goods or services means Contract Service Assets used to provide Contract services, including
labor, leases and subleases, equipment, and supplies
.
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.
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.
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.
17
Page 7
6/2015 - WC
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
Refuseand 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.
RFP means Request for Proposal, and all subsequent amendments, for Residential and Municipal
Refuse, Recycling and Yard Waste Collection, released on November 17, 2020 by the City.
Set-out Site means the location where Customer must place Receptacles and Bulky Items for
Collection, generally located at the curb adjacent to the road edge unless corrdinated and approved
by the City of Muskego.
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. Licensed MRF,
18
Page 8
6/2015 - WC
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 §
289.645, 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, or other public health emergency, including orders
relating to a pandemic, war or other emergency affecting City or Contractor, 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;
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.
19
Page 9
6/2015 - WC
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, transportfor Disposal all Solid Waste generated byResidential 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, subject to the terms and conditions provided in this Agreement.
Customers can, however, contract with any licensed hauler for the collection, transportation, and
disposal of materials not covered by this Contract at the Customer’s sole cost. 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 licensed 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 licensed MRF
delivery protocol.
B. Refuse. Contractor shall Dispose of Refuse at the Emerald Park Landfill. The City shall
be responsible for all disposal charges for Refuse disposed of at the Emerald Park
Landfill pursuant to this Agreement. Proof that Contractor has access to a facility with
sufficient capacity shall be attached as Schedule 5.
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
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.
20
Page 10
6/2015 - WC
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 as described in the RFP. 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 Receptables for new
Customers during the term of the Contract, as specified herein on a lease basis, which
shall become the property of the City upon termination of this contract. 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
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
21
Page 11
6/2015 - WC
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.
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.
4.Call Back Collection. In the event a resident fails to set out Solid Wasteor 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.
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.
22
Page 12
6/2015 - WC
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 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.
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 4:00p.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 and Designated Sites
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
B. Contractor shall provide City with Receptacles in sufficient number and capacity to
contain Refuse and Recyclables as described in Appendix A of the RFP. Recyclables
23
Page 13
6/2015 - WC
Collected from the various municipal service Receptacles are required to be transported to
the Designated MRF.
B. Within the first year of the Contract term, Contractor shall conduct a Receptacle audit to
assess whether the Receptacles are sufficient in the City 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 Collection on Weight Restricted Underconstructed Roadways
A. Collection of refuse/recycling on weight restricted 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 C of the RFP,which shows
all current roadways for which this section applies.
3.06 Collection at Long Driveways
A. For automated refuse collection there will be required exemptions for residents with
driveways over 400 feet in length. These residents will be allowed to place their refuse
out for manual type collections. There are currently approximately 450 driveways over
400 feet in length.
3.07 Receptacle Standards.
A. Size.The standard size Receptacle for curbside pickup shall be 64-gallon containers for
recycling and 96-gallon containers for refuse.
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 and
Resin Weight shall match 64 galloon receptable specified in the Final RFP document
Section VII, h, i.
C. Contractor contact information and Disposalprohibitions. Contractor will affix to each
Receptacle, by decal, stencil, or other means approved by the City, the following text:
- 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 XXX.”
- any Discard weight limitations.
Contractor may combine the text of these items in one or more decals placed inside the lid
24
Page 14
6/2015 - WC
of the Receptacle or 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.
3.08 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.
3.09 Retrieval of Receptacles. Not Applicable.
3.10 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.
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.
25
Page 15
6/2015 - WC
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,
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.
26
Page 16
6/2015 - WC
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 associate therewith, 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.
3.11 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 for
Collection, including Recyclables, will be determined as required by applicable law and not as a
result of this Contract.
3.12 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.
27
Page 17
6/2015 - WC
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.
3.13 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 24 hours of receipt
except on weekends and Holidays.
2.Written correspondence.Contractor will respond to written correspondence from
City within three days of receipt or other time specified by City.
3.14 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.
3.15 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 required to take
Recyclables from these locations to the licensed MRF.
ARTICLE 4. CONTRACTOR SERVICE FEE
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.1.a, A.2 or A.2.a. B.2, C.1-C.2, 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:
28
Page 18
6/2015 - WC
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. 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 [X percent (%)] as
provided by the Contractor’s proposal.
4.04 Calculation of Annual Rate Adjustment.
At the end of the first year of the original term (December 31, 2021) 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
29
Page 19
6/2015 - WC
August Index published on or about September 15, 2021, 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, 2022.
A.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.
B.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 15
th.
C.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,
Optional Leaf Collection (meeting the conditions stated in the RFP), 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,
30
Page 20
6/2015 - WC
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
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.
5.02References. 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.
31
Page 21
6/2015 - WC
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 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.
32
Page 22
6/2015 - WC
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 does not 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 at a time as designated by the City.
2. Scope of inspection or audit. City may do any or all of the following:
a.) inspect and review Records at any time following noticeunder 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 Cityor its designees with any additional information
(such as primary Records supporting reports) relevant to this Contract within 5 City
Business Days.
3.
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 20
th 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.
33
Page 23
6/2015 - WC
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.
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.
2. Form. Contractor will maintain its financial Records on an accrual basis and as required
by generally accepted accounting principles.
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
34
Page 24
6/2015 - WC
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.
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
35
Page 25
6/2015 - WC
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
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:
36
Page 26
6/2015 - WC
(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
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 costsand 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 separate written
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;
37
Page 27
6/2015 - WC
(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.
(5) 30-day notice of cancellation.
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. .
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 whether in Contractor in tort,
such as natural resource, property, and personal injury damages; costs and expenses,
including (1) reasonable 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 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;
38
Page 28
6/2015 - WC
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 Wastethat 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 ofWisconsin, 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).
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 for either a) the issuance of an irrevocable
standby Letter of Credit by a bank approved by the City in its sole discretion, for the benefit of
City, or b) 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 shall expire on the date that:
A. this Contract has expired, or
39
Page 29
6/2015 - WC
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
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
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.
40
Page 30
6/2015 - WC
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.
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:
41
Page 31
6/2015 - WC
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 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
42
Page 32
6/2015 - WC
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 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
(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.
4. Transfer: Contractor makes a Transfer without City consent required by § 10.02.
5.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.
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
43
Page 33
6/2015 - WC
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.
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
44
Page 34
6/2015 - WC
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.
C.Contractor Payment Obligations. Citymay Collect Contractor Payment Obligationsdue
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
Contractual liability provisions of insurance policies, and
D.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:
45
Page 35
6/2015 - WC
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
servicesin 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 circut court sitting in the County of
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:
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
46
Page 36
6/2015 - WC
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’srights under this Section. The oral noticewill be effective immediately, but within
another 24 hours, City must confirm that oral notice with written notice.
D.Records. At the Cityrequest, Contractor will immediately provide the Cityor its designees
with immediate access to Contractor’s office at any time City is exercising its rights under
this section with respect to those Records related to routing and Customers’ frequency and
level of Contract Service.
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.
47
Page 37
6/2015 - WC
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 a licensed 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 hoursof 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
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
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
48
Page 38
6/2015 - WC
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 8.02:
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 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 three 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).
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;
49
Page 39
6/2015 - WC
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 for 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
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
50
Page 40
6/2015 - WC
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
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.
51
Page 41
6/2015 - WC
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. 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;
3. 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;
4. 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;
5. 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
(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 Contractservices, 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.
52
Page 42
6/2015 - WC
C. Contractor may not circumvent City’s consent rights by securing goods or Contract services
from a subcontractor.
D.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. Cityis not obligated to consider any proposed Transfer
by Contractor if Contractor is in breach at any time during City’s consideration.
E.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.
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
53
Page 43
6/2015 - WC
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
licensed 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
licensed 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,
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
54
Page 44
6/2015 - WC
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 Cityin Its Governmental Capacity. Nothing in this Contractmay 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 CityRepresentative 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:
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.
55
Page 45
6/2015 - WC
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
subcontractoris a default. An approved subcontractorcannot Contractfor 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, 2021 and expires on December 31, 2025.
B.City options to extend term.On or before 90 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,
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.
56
Page 46
6/2015 - WC
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:
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
57
Page 47
6/2015 - WC
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. If the parties cannot reach agreement on a proposal
initiated by Contractor the proposal is deemed rejected and this Contract will not be
amended.
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:
58
Page 48
6/2015 - WC
City:Scott Kroeger
Director of Public Works
W182 S8200 Racine Ave.
Muskego, WI 53150
262-679-5686
Contractor:Jason Johnson
W144 S6350 College Court
Muskego, WI 53150
262-893-9156
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.
noticeby Cityto 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 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: STATE TIPPING FEES
17.01. Contractor shall provide to City a Monthly Invoice showing the State Tipping Fees owed
based on the monthly actual tonnage, as recorded on the invoice, of refuse brought into the
landfill. The City shall pay said invoice within thrity (30) days of receipt thereon. The invoice
shall come from GFL Muskego, LLC for accounting purposes.
59
Page 49
6/2015 - WC
ARTICLE 18. EXECUTION OF CONTRACT
18.01 Execution in Counterparts. This Contract may be signed in any number of original
counterparts. All counterparts will constitute but one and the same Contract.
18.02 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 Rick Petfalski, Jr.
Attest:
_______________________________________
Sharon Mueller,Director of Finance &
Administration
GFL Muskego, LLC
Date: _____________________________
By: _______________________________
Name:_____________________________
Title: ______________________________
Attest:
__________________________________
Name:_____________________________
Title: ______________________________
60
Page 50
6/2015 - WC
SCHEDULES
Contract Documentation Checklist.
RFP REFERENCE
Schedule 1: Contract Services And Cost Summary Form 1A
Schedule 2:Collection Contract Compliance Items Related To RecyclingContainers
and Delivery of Recyclables to the Licensed 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: 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 – Not Applicable
Schedule 17: Vehicles, Drivers And Equipment VII.s.
61
Page 51
6/2015 - WC
SCHEDULE 1
CONTRACT SERVICES AND COST SUMMARY (Excel File Provided)
[Insert table provided with all final negotiated pricing from Form 1A of the RFP. Include a
schedule of costs for on-call bulk items (Schedule 1a), a schedule of emergency service costs (1b),
and any other agreed services and pricing.]
62
Page 52
6/2015 - WC
SCHEDULE 2
COLLECTION CONTRACT COMPLIANCE ITEMS RELATED TO RECYCLING
CONTAINERS AND DELIVERY OF RECYCLABLES TO A LICENSED MRF
The Contractor shall comply with the provisions below, [these may vary based on the results the
RFP, including the Licensed MRF].
A. Recycling Container Provisions
1. RecyclingContainer 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 Licensed MRF.
2. Record Keeping and Reports. Contractor shall keep Recordsand 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 Licensed 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.
63
Page 53
6/2015 - WC
SCHEDULE 3
CONTRACTOR FINANCIAL ASSURANCES
[Insert Letter of Credit (LOC) or Performance Bond as required in Section 7.03 of this Contract]
64
Page 54
6/2015 - WC
SCHEDULE 4
CONTRACTOR EVIDENCE OF INSURANCE
[Insert certification as required in Section 7.01 of this Contract]
65
Page 55
6/2015 - WC
SCHEDULE 5
CONTRACTOR AFFIDAVIT CERTIFYING ACCESS TO SUFFICIENT LANDFILL
CAPACITY
66
Page 56
6/2015 - WC
SCHEDULE 6
ANNUAL RATE ADJUSTMENT
Annual Rate increase will be shown in Schedule C on Form 1A
67
Page 57
6/2015 -WC
SCHEDULE 7
SAMPLE MONTHLY INVOICE (Excel File Provided)
68
Page 58
6/2015 - WC
SCHEDULE 8
BULKY ITEM DIVERSION PROGRAM
Insert the Bulky Item Diversion Program which should include, at a minimum, the following:
1) Provide a description of type of vehicles and process for Collection of Bulky Items.
2) Describe any Recycling of Bulky Items such as scrap metal, appliances, tires, wood,
and furniture.
69
Page 59
6/2015 - WC
SCHEDULE 9
EMERGENCY BACK-UP COLLECTION SERVICE PLAN
Insert the Emergency Service Plan which must include, at a minimum, the following:
1)Emergency Backup Service Plan.
Contractor shall file with City an emergency backup service plan. Contractor shall
implement that plan 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 Wasteor debris, or any portion thereof to a licensed
Disposal facility, and the City determines there is a danger to public health, safety, or
welfare.
2) Provide planned location of dumpsters, Bins or roll-off Receptacles and costs where
Customers may discard Refuse and other putrescible Solid Waste,
3) Provide implementation timeframe in emergency event for commencement of services,
4) Offer Customers the option of self-hauling Refuse and other putrescible Solid Waste
to a transfer station or Disposal facility that is permitted in accordance with applicable
law, with or without charge,
5) Describe the procedures for handling putrescible Refuse, preventing litter and
discouraging vectors (such as keeping Refuse Receptacles in their storage place and
not at Set-out Sites, discarding excess Refuse in closed plastic bags and not loose in
Refuse Receptacles),
6) Describe any refund policy for missed Collection, and
7) Provide replacements for drivers and other employees who are not providing Collection
or performing other Performance Obligations (such as supervisory personnel or
management, or employees of Affiliates or other Solid Waste management companies)
and security for those drivers and other employees.
70
Page 60
6/2015 - WC
SCHEDULE 10
CUSTOMER COMPLAINT AND BILLING DISPUTE RESOLUTION
Insert the Customer complaint and billing dispute resolution protocol which must include, at a
minimum, the following:
1) Description of how Contractor will fulfill obligations, such as missed pickups, logging
complaint, complaint response time, record keeping requirements and prohibition
against referrals to City.
2) Description of Customer service employee training program.
3) Maintenance of electronic log for Customer inquiry of complaint.
4) Date and time of inquiry or complaint.
5) Inquirers or complainant’s name and address (if the individual is willing to give this
information).
6) Description of the inquiry or complaint.
7) Date and description of response taken or the reason for non-response.
8) Answer to inquiry or resolution of complaint.
71
Page 61
6/2015 - WC
SCHEDULE 11
UNPERMITTED WASTE SCREENING PROTOCOL
Insert the Unpermitted Waste Screening Protocol which must include, at a minimum, the
following:
1) Requirements stated in Section VII. Scope of services in RFP #1427;
2) Mandatory personnel training:
a) for all drivers:training including hazard evaluation methods, emergency preparedness,
and emergency response plan implementation techniques with the intent that they learn
who, what and how to report on the incident;
b) for all route supervisors: training including hazard recognition and measurement and
covers personal protective equipment and work practices in keeping with the risk level;
c) for all drivers and route supervisors, at least 8 hours of refresher training annually;
3) Means of driver inspection, such as visual inspection during tipping of Receptacles into
Vehicles;
4) Immediate driver response, such as load segregation and notification procedures, including
leaving Non-Collection notices, when safe;
5) Driver notification, such as calling Contractor’s dispatcher or route supervisor;
6) Customer notification, including description of proper means to Dispose of Unpermitted Waste,
by phone call and/or written material/tags;
7) Notification of appropriate local agency or department (with contact phone number);
8) Appropriate action, such as segregation and containerization for manifesting and transport for
Disposal as required by applicable law or securing services of permitted handling and
transport company;
9) Compliance with applicable law, including regulations of the federal Department of
Transportation (DOT) (Title 49 CFR) and of the United States Environmental Protection
Agency (Title 40 CFR); and
10) Form, content and placement of labels on Receptacles that prohibit discard of Unpermitted
Waste.
72
Page 62
6/2015 - WC
SCHEDULE 12
CUSTOMER EDUCATION PLAN
Contractor must provide an annual customer education plan which must include, at a minimum,
the following:
1) Customer Education Plan to be distributed at the beginning of each December for the
upcoming year to each resident who has refuse and recyclable pickup.
a) Distribution of instructions to Customers on how and when to set out Receptacles,
what materials (Refuse, Recyclables, Commingled Containers, Yard Waste) can be
discarded (including a description and list of the respective materials), what type of
service is provided i.e. curb/alley, and Contractor contact information (including
toll-free telephone number and e-mail address).
b) Distribution to Customers the upcoming pickup calendar and map.
c) Special announcements (For example. Christmas tree pick up dates in January,
etc.)
The City of Muskego will be provided this information at the same time so we can post on
our website as well. Contractor has the flexible on the size, number of pages, etc on this
document as long it contains the information indicated above. The document can be
distributed by mail, drop off, email, etc. as long as it is provide to each resident who has
refuse and recyclable pickup.
73
Page 63
6/2015 - WC
SCHEDULE 13
ROUTE MAPS, SHEETS, AND CHANGE REQUESTS
Insert Contractor route details which must provide, at a minimum, the following:
1) Requirements stated in Section VII. Scope of services in the RFP:
a. Map showing beginning and ending points for each route with route marked on
a map.
b. Total number of Customers on each route, type and capacity of Collection
Vehicle, assigned number of workers for each route, and worker’s shift hours.
c. Day and approximate time (morning or afternoon) of pickup.
2) Promptly upon City request, the name and address of each Customer.
74
Page 64
6/2015 - WC
SCHEDULE 14
RECEPTACLES INVENTORY
Haulers are required, at a minimum, to provide the following:
1) Requirements stated in Section VII. Scope of services in the RFP.
2) Insert order information and inventory ID upon delivery.
3) Total number of households served and a quantity of each container size delivered.
75
Page 65
6/2015 - WC
SCHEDULE 15
MONTHLY AND ANNUAL REPORTS (SAMPLES)
1) Requirements stated in Section VII. Scope of services in RFP #1427.
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.
76
Page 66
6/2015 - WC
SCHEDULE 16
PROTOCOL FOR DELIVERY OF RECYCLABLES TO THE DESIGNATED MRF
Not Applicable
77
Page 67
6/2015 - WC
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.
78
Reports and Presentations to Finance Committee and Common Council
To: Finance Committee & Common Council
From: Scott Kroeger
Department: Public Works and Development
Subject: Solid Waste Services Contract Award
Date:January 26, 2021
Background Information: The solid waste services contract RFP was sent to the following
three companies:
1. GFL Muskego, LLC (Formerly Advance Disposal) = Attached cost proposal
2. Johns Disposal Service = Attached cost proposal
3. Waste Management = Did not provide proposal
Two of the companies responded to the RFP and one did not provide a bid. Each bidder’s
cost proposal has been provided for your review. The final contract has been provided as
well. Based on the two cost proposal, the recommendation is to the Award the Solid Waste
Services Contract to GFL Muskego, LLC.
Key Issues for Consideration: Attachments
1. Contract for Solid Waste Services Contract
2. Cost Proposal from GFL and Johns
Recommendation for Action by Committee and/or Council: Award Solid Waste Services
Contract to GFL Muskego, LLC.
Date of Committee Action: Finance Committee January 26, 2021
Planned Date of Council Action (if required): January 26, 2021
Total $ Needed: $
Fiscal Note(s):
$ Budgeted:
Expenditure Account(s) to Be Used:
(3/2019)
79
Form 1A
Service Cost Proposal
City of Muskego
Name of FirmSubmitting:GFL MUSKEGO, LLC
SCHEDULE A -BASIC RESIDENTIAL CONTRACT SERVICES Total Households/Units:9,660
Cost Item
Contract Service Description Automated Curbside Service Fee Per Unit Per Month
A.1 Weekly Refuse Collection $5.07
A.1.a Option for upcharge to preform MANUAL refuse collection for
all driveways greater than or equal to 400 ft in length.$6.45 CHARGED TO RESIDENT ON ANNUAL BASIS
A.2 Option for bi-weekly Single Stream Recyclables Collection &
Delivery to State licensed MRF $4.10
A.2.a.Option for weekly Single Stream Recyclables Collection &
Delivery to State licensed MRF $6.24
SCHEDULE B -ADDITIONAL RESIDENTIAL SERVICE CHARGES Annual Cost
B.2 Yard Waste Drop Off Site $14,000
B.3 Option for Residential City-wide Leaf Collection $44,675
SCHEDULE C -ANNUAL RATE ADJUSTMENT
C.1 Minimum Annual Rate Increase (ARI)2.25%
C.2 Maximum Annual Rate Increase (ARI)3.5%
Note: Rate Increases apply to schedule A, B & E ONLY
SCHEDULE D -PROVISION OF RECEPTACLES AND RELATED SERVICES*
Cost Item Receptacle (Recycling andRefuse)
*Assume a 60 month contractperiod
Recycling Receptacle Refuse Receptacle
City's Existing Carts Maintenance/
Replacement/ New Home Supply
Fee ($/HH/Month)
City's Existing Carts Maintenance/
Replacement/ New Home Supply
Fee ($/HH/Month)
D.1 64 gallon (Including Maintenance Cost)$0.24 $0.24
D.2 96 gallon (Including Maintenance Cost)$0.24 $0.24
SCHEDULE E -COLLECTION OF MUSKEGO/NORWAY SCHOOL DISTRICT Annual Cost
E.1 Refuse & Recycling Collection at School Sites Identified in Appendix B $30,114.13
80
CITY OF MUSKEGO Unapproved
COMMON COUNCIL MINUTES
January 12, 2021 6:00 PM
Muskego City Hall
W182 S8200 Racine Avenue
CALL TO ORDER
Mayor Petfalski called the meeting to order at 6:08 p.m.
ROLL CALL
Present: Wolfe, Terrence, Engelhardt, Kubacki, Hammel, and Madden. Also present:
Public Works & Development Director Kroeger, City Attorney Warchol, and Administrative
Assistant Crisp. Absent: Alderperson Kapusta
PUBLIC MEETING NOTICE
Ms. Crisp stated that the meeting was noticed in accordance with the open meeting law.
PUBLIC COMMENT
None.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
Mayor Petfalski wishes everyone a Happy New Year. Hopefully 2021 will present in a
better fashion than 2020 and be less memorable.
CONSENT AGENDA
Alderperson Kubacki moved to approve the items under Consent Agenda.
Alderperson Wolfe seconded. Alderperson Wolfe moved to pull Resolutions #001-
2021 & #006-2021 for discussion; Alderperson Engelhardt seconded; motion passed
unanimously.The following were approved:
Minutes –December 8, 2020
An Operator’s License for Paige Bauer, Kelly Grochowski, Sara Molkentin, Barbara Pilak,
Justin Smith, and Ava Wihowski
An Acquisition Contract and Authorize Signatures for Budget Approved Expenditures Over
$50,000.00 -Purchase of Roadside Mower and Tractor ($130,603.00)
Resolution #002-2021 -Award of Bid for Well #10
Resolution #003-2021 -Approval of Reduction of Cash Deposit for Kwik Trip, Inc.
Resolution #004-2021 -Approval of Dedication of Public Improvements -Kwik Trip, Inc.
Resolution #005-2021 -Approval of Reimbursement for Water Main Oversizing -Kwik Trip,
Inc.
81
Common Council Minutes 2
January 12, 2021
NEW BUSINESS
Resolution #001-2021 - A Resolution to Change the Location of Polling Places for the 2021
Elections
Alderperson Kubacki moved to approve. Alderperson Engelhardt seconded.
Discussion took place to have the 2021 Primary and General Elections at City Hall
based on the ability to handle it all in one location.Motion carried.
Resolution #006-2021 - Resolution to Extend an Emergency Paid Sick Leave Policy with
the Families First Coronavirus Response Act
Alderperson Madden moved to approve. Alderperson Kubacki seconded.
Discussion took place regarding the Federal Act that had gone into effect last year with
the onset of Coronavirus which enables people to use up to 80 hours for additional
COVID sick time without using their regular sick time. The benefits of the initial Act
terminated on December 31, 2020. Mayor Petfalski recommends extending it through
December 31, 2021. There is really no dollar impact to the City.Motion carried.
REVIEW OF COMMITTEE REPORTS
Finance Committee – November 24, 2020
VOUCHER APPROVAL
Utility Vouchers
Alderperson Wolfe made a motion to approve Utility Vouchers in the amount of
$29,888.52. Alderperson Terrence seconded; motion carried.
Tax Vouchers
Alderperson Wolfe made a motion to approve Tax Vouchers in the amount of
$53,676.54 (no second to motion made). Motion carried.
General Fund Vouchers
Alderperson Wolfe made a motion to approve General Fund Vouchers in the
amount of $548,267.79. Alderperson Kubacki seconded; motion carried.
Wire Transfers for Payroll/Invoice Transmittals
Alderperson Wolfe made a motion to approve Wire Transfers for Payroll/Invoice
Transmittals in the amount of $394,777.00. Alderperson Madden seconded;
motion carried.
CITY OFFICIALS’ REPORT
None
COMMUNICATIONS AND MISCELLANEOUS BUSINESS
There were no updates from the Aldermanic Liaisons.
82
Common Council Minutes 3
January 12, 2021
FUTURE AGENDA ITEMS
None
ADJOURNMENT
Alderperson Kubacki made a motion to adjourn at 6:15 p.m. Alderperson Madden
seconded; motion carried.
Minutes taken and transcribed by Christine Crisp.
83
C:\Users\EASYPD~1\AppData\Local\Temp\BCL Technologies\easyPDF
8\@BCL@20025AD1\@BCL@20025AD1.docx
OPERATOR LICENSE APPROVALS
COMMON COUNCIL – 1/26/2021
Bryan Hughes
Ryang Bub
Olivia Schneider
84
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #007-2021
APPROVAL OF LEASE AGREEMENT WITH
JACK KING FOR KELSEY DRIVE CONSERVATION SITE
WHEREAS, The attached Lease Agreement has been reviewed by the Finance
Committee and has been recommended for approval.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego, upon the recommendation of the Finance Committee, does hereby approve the
Lease Agreement with Jack King for lease of the Kelsey Drive Conservation Site
commencing on March 1, 2021 and ending on December 31, 2022.
BE IT FURTHER RESOLVED That the Mayor is authorized to execute the Agreement
and the City Attorney is authorized to make substantive changes as may be necessary
in order to preserve the general intent thereof.
DATED THIS 26th OF JANUARY, 2021.
SPONSORED BY:
FINANCE COMMITTEE
This is to certify that this is a true and accurate copy of Resolution #007-2021 which
was adopted by the Common Council of the City of Muskego.
______________________________
Clerk-Treasurer
1/21cmc
85
AGRICULTURAL LEASE
THIS AGREEMENT is made between the City of Muskego, Lessor, and Jack King, Lessee.
The property which is the subject of this lease is described as follows, to-wit:
Tillable lands on Kelsey Drive Conservation site, Tax Key Number: MSKC 2280998003
TOTAL AREA TO BE LEASED IS APPROXIMATELY 3.5 ACRES AS DEPICTED ON EXHIBIT A, AND ACCORDING TO
THE FOLLOWING CONDITIONS:
RENTAL: Rent will be $55.00 per acre per year. The rental of said property shall be for the term of 2 growing season(s),
commencing on the 1
st day of March, 2021, and ending the 31st day of December, 2022. Renewal of this lease will be at
the discretion of the Lessor.
SPECIAL CONDITIONS: This lease is for harvest of the existing hay crop only. Land may not be planted with any “row”
crops (corn, soybeans, wheat…) under this agreement.
LIABILITY INSURANCE: Lessee shall, at his own expense and at all times during the term of this lease, maintain in force
a policy or policies of insurance, written by one or more responsible insurance carriers, which will insure Lessor against
liability for injury to or death of persons or loss or damage to property occurring in or about the demised premises. The
liability under such insurance shall not be less than $1,000,000 for any one person killed or injured, $1,000,000 for any
one accident and $1,000,000 property damage. A certificate of insurance by endorsement naming Lessor as an
additional insured must be on file with the Clerk/Treasurer Department prior to entering said property.
RIGHTS AND PRIVILEGES: The Lessor or anyone designated by them shall have the right of entry at any reasonable
time to inspect their property and/or the farming methods being used.
If this lease is terminated before the end of the normal production year, the Lessee shall have the right of entry for the
purpose of the annual harvesting of crops seeded before the termination of the lease in accordance with normal farm
practices, or to sell his interest in such annual crops whether to the Lessor or to the succeeding Lessee provided the
Lessee does not interfere with normal field operations of the succeeding season.
If this lease is terminated before the Lessee shall have obtained the benefits from any labor or formerly agreed upon
expense he incurred in operating the land during the current lease year, the Lessor shall reimburse the Lessee for such
labor or expense. The Lessee shall present, in writing to the Lessor, his claim for such reimbursement within thirty (30)
days of the termination of this lease.
INDEMNIFICATION: Lessee agrees to indemnify, defend and hold harmless the Lessor from and against any and all
suits, actions, claims, damages of whatsoever kind caused by reason of any act, omission, fault or negligence of Lessee
or anyone acting under its discretion or control unless liability results from the sole negligence of lessor. This indemnity
provision shall survive the termination or expiration of this Lease Agreement.
ASSIGNMENT: This lease shall not be assigned by the Lessee without the expressed written consent of the City.
RENEWAL: This lease is not subject to automatic renewal.
Pursuant to Resolution #007-2021 passed and approved on January 26, 2021 by the Common Council of the City of
Muskego, this lease is hereby executed this day of , 2021.
__________________________
Jack King, Lessee
__________________________
City of Muskego
Rick Petfalski, Mayor
86
87
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #008-2021
APPROVAL OF LEASE AGREEMENT WITH
ROBERT STIGLER FOR THE BADERTSCHER PRESERVE
WHEREAS, The Finance Committee reviewed the attached Lease Agreement and
recommended approval.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego, upon the recommendation of the Finance Committee, does hereby approve the
Lease Agreement with Robert Stigler for lease of the Badertscher Preserve Property
commencing on March 1, 2021 and ending on December 31, 2022.
BE IT FURTHER RESOLVED That the Mayor is authorized to execute the Agreement
and the City Attorney is authorized to make substantive changes as may be necessary
in order to preserve the general intent thereof.
DATED THIS 26th DAY OF JANUARY 2021.
SPONSORED BY:
FINANCE COMMITTEE
This is to certify that this is a true and accurate copy of Resolution #008-2021 which
was adopted by the Common Council of the City of Muskego.
______________________________
Clerk-Treasurer
1/21cmc
88
AGRICULTURAL LEASE
THIS AGREEMENT is made between the City of Muskego, Lessor, and Robert Stigler, Lessee.
The property which is the subject of this lease is described as follows, to-wit:
Tillable lands on Badertscher Preserve, Tax Key Number: MSKC 2185.999.003
TOTAL AREA TO BE LEASED IS APPROXIMATELY 2.5 ACRES AS DEPICTED ON EXHIBIT A, AND ACCORDING TO
THE FOLLOWING CONDITIONS:
RENTAL: Rent will be $100.00 per tillable acre per year. The rental of said property shall be for the term of 2 growing
season(s), commencing on the 1
st day of March, 2021, and ending the 31st day of December, 2022. Renewal of this
lease will be at the discretion of the Lessor.
PERMITTED USES: Lessee is permitted to conduct practices commonly associated with the production and harvest of
agricultural crops. No other uses of the land are conveyed by this agreement.
SPECIAL CONDITIONS: Land may be planted with annual crops (corn, soybeans, wheat…) only, not hay.
LIABILITY INSURANCE: Lessee shall, at his own expense and at all times during the term of this lease, maintain in force
a policy or policies of insurance, written by one or more responsible insurance carriers, which will insure Lessor against
liability for injury to or death of persons or loss or damage to property occurring in or about the demised premises. The
liability under such insurance shall not be less than $1,000,000 for any one person killed or injured, $1,000,000 for any
one accident and $1,000,000 property damage. A certificate of insurance by endorsement naming Lessor as an
additional insured must be on file with the Clerk/Treasurer Department prior to entering said property.
RIGHTS AND PRIVILEGES: The Lessor or anyone designated by them shall have the right of entry at any reasonable
time to inspect their property and/or the farming methods being used.
If this lease is terminated before the end of the normal production year, the Lessee shall have the right of entry for the
purpose of the annual harvesting of crops seeded before the termination of the lease in accordance with normal farm
practices, or to sell his interest in such annual crops whether to the Lessor or to the succeeding Lessee provided the
Lessee does not interfere with normal field operations of the succeeding season.
If this lease is terminated before the Lessee shall have obtained the benefits from any labor or formerly agreed upon
expense he incurred in operating the land during the current lease year, the Lessor shall reimburse the Lessee for such
labor or expense. The Lessee shall present, in writing to the Lessor, his claim for such reimbursement within thirty (30)
days of the termination of this lease.
INDEMNIFICATION: Lessee agrees to indemnify, defend and hold harmless the Lessor from and against any and all
suits, actions, claims, damages of whatsoever kind caused by reason of any act, omission, fault or negligence of Lessee
or anyone acting under its discretion or control unless liability results from the sole negligence of lessor. This indemnity
provision shall survive the termination or expiration of this Lease Agreement.
ASSIGNMENT: This lease shall not be assigned by the Lessee without the expressed written consent of the City.
RENEWAL: This lease is not subject to automatic renewal.
Pursuant to Resolution #008-2021 passed and approved on January 26, 2021 by the Common Council of the City of
Muskego, this lease is hereby executed this day of , 2021.
__________________________
Robert Stigler, Lessee
__________________________
Rick Petfalski, Mayor, City of Muskego
89
90
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #009-2021
APPROVAL OF LEASE AGREEMENT WITH
KARL THIESENHUSEN FOR THE TILLABLE LANDS AT PARK ARTHUR
WHEREAS, The Finance Committee reviewed the attached Lease Agreement and
recommended approval.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego, upon the recommendation of the Finance Committee, does hereby approve the
Lease Agreement with Karl Thiesenhusen for lease of the Tillable Lands at Park Arthur
commencing on March 1, 2021 and ending on December 31, 2022.
BE IT FURTHER RESOLVED That the Mayor is authorized to execute the Agreement
and the City Attorney is authorized to make substantive changes as may be necessary
in order to preserve the general intent thereof.
DATED THIS 26th DAY OF JANUARY 2021.
SPONSORED BY:
FINANCE COMMITTEE
This is to certify that this is a true and accurate copy of Resolution #009-2021 which
was adopted by the Common Council of the City of Muskego.
______________________________
Clerk-Treasurer
1/21cmc
91
AGRICULTURAL LEASE
THIS AGREEMENT is made between the City of Muskego, Lessor, and Karl Thiesenhusen, Lessee.
The property which is the subject of this lease is described as follows, to-wit:
Tillable lands at Park Arthur, Tax Key Number: MSKC 2173993
TOTAL AREA TO BE LEASED IS APPROXIMATELY 12.5 ACRES AS DEPICTED ON EXHIBIT A, AND ACCORDING
TO THE FOLLOWING CONDITIONS:
RENTAL: Rent will be $55.00 per acre per year. The rental of said property shall be for the term of two growing seasons,
commencing on the 1
st day of March, 2021, and ending the 31st day of December, 2022. Renewal of this lease will be at
the discretion of the Lessor.
SPECIAL CONDITIONS: This lease is for harvest of the existing hay crop only. Land may not be planted with any “row”
crops (corn, soybeans, wheat…) under this agreement.
LIABILITY INSURANCE: Lessee shall, at his own expense and at all times during the term of this lease, maintain in force
a policy or policies of insurance, written by one or more responsible insurance carriers, which will insure Lessor against
liability for injury to or death of persons or loss or damage to property occurring in or about the demised premises. The
liability under such insurance shall not be less than $1,000,000 for any one person killed or injured, $1,000,000 for any
one accident and $1,000,000 property damage. A Certificate of Insurance with proper Endorsements, in forms acceptable
to the City Attorney, naming Lessor as an additional insured on a primary and non-contributory basis, a waiver of
subrogation and a 30-day notice of cancellation shall be provided to the Department of Finance and Administration prior to
entering the property.
RIGHTS AND PRIVILEGES: The Lessor or anyone designated by them shall have the right of entry at any reasonable
time to inspect their property and/or the farming methods being used.
If this lease is terminated before the end of the normal production year, the Lessee shall have the right of entry for the
purpose of the annual harvesting of crops seeded before the termination of the lease in accordance with normal farm
practices, or to sell his interest in such annual crops whether to the Lessor or to the succeeding Lessee provided the
Lessee does not interfere with normal field operations of the succeeding season.
If this lease is terminated before the Lessee shall have obtained the benefits from any labor or formerly agreed upon
expense he incurred in operating the land during the current lease year, the Lessor shall reimburse the Lessee for such
labor or expense. The Lessee shall present, in writing to the Lessor, his claim for such reimbursement within thirty (30)
days of the termination of this lease.
INDEMNIFICATION: Lessee agrees to indemnify, defend and hold harmless the Lessor from and against any and all
suits, actions, claims, damages of whatsoever kind caused by reason of any act, omission, fault or negligence of Lessee
or anyone acting under its discretion or control unless liability results from the sole negligence of lessor. This indemnity
provision shall survive the termination or expiration of this Lease Agreement.
ASSIGNMENT: This lease shall not be assigned by the Lessee without the expressed written consent of the City.
RENEWAL: This lease is not subject to automatic renewal.
Pursuant to Resolution #009-2021 passed and approved on January 26, 2021 by the Common Council of the City of
Muskego, this lease is hereby executed this day of , 2021.
_______________________________ _______________________________
Karl Thiesenhusen, Lessee City of Muskego, Lessor
17780 W Small Road, Rick Petfalski, Mayor
New Berlin, WI 53146
92
Karl Thiesenhusen, 17780 West Small Road, New Berlin, WI 53146; 42.931419-88.136178
Phone: (262) 679-0841
Rent: 12.5 acres x $55/acre = $687.50
93
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #010-2021
ACCEPTANCE OF PROPOSAL FOR
PORTABLE TOILET FACILITIES SERVICES
WHEREAS, The City sent a Request for Proposals for Portable Toilet Facilities
Services for 2021 and 2022 to three companies and the following Proposals were
received:
Service Sanitation Wisconsin, Inc.$18,360.00
Port-A-John, Inc.$19,295.00
Pat’s Services, Inc.No Proposal was submitted.
WHEREAS, The Public Works and Development Director reviewed the proposals and
recommends that the one submitted by Service Sanitation Wisconsin, Inc. in the
amount of $18,360.00 be accepted; and
WHEREAS, The Finance Committee also reviewed the Proposals and recommends
acceptance of the one submitted by Service Sanitation Wisconsin, Inc. in the amount of
$18,360.00 to the Common Council.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego, upon the recommendation of the Finance Committee, does hereby accept
the Proposal submitted by Service Sanitation Wisconsin, Inc. in the amount of
$18,360.00 for portable toilet facilities services for 2021 and 2022.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to
sign and accept the Agreement and the City Attorney is authorized to make substantive
changes as may be necessary in order to preserve the general intent thereof.
DATED THIS 26
TH DAY OF JANUARY, 2021.
SPONSORED BY:
FINANCE COMMITTEE
This is to certify that this is a true and accurate copy of Resolution #010-2021, which
was adopted by the Common Council of the City of Muskego.
______________________________
Clerk-Treasurer
1/21jmb
94
95
96
97
98
99
10
0
10
1
10
2
10
3
10
4
10
5
10
6
10
7
10
8
10
9
11
0
11
1
11
2
11
3
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #011-2021
AWARD OF BID
Hillendale Road Project
WHEREAS, The City advertised for bids for the Hillendale Road Project and the
following bids were received:
Contractor Base Bid Alternate Bid Total Bid
All-Ways Contractors, Inc.$1,546,880.20 $48,082.50 $1,594,962.70
Super Western $1,580,836.45 $50,580.00 $1,631,416.45
Rams Contracting, Ltd.$1,676,149.10 $68,328.90 $1,744,478.00
LaLonde Contractors, Inc.$1,678,356.76 $48,437.70 $1,726,794.46
C. W. Purpero, Inc.$1,679,997.00 $39,017.50 $1,719,014.50
Payne & Dolan, Inc.$1,852,019.20 $42,999.20 $1,895,018.40
Zignego $1,924,193.80 $42,810.00 $1,967,003.80
The Wanasek Corp.$1,996,517.00 $40,665.00 $2,037,182.00
WHEREAS, The alternate bid is to pave the shoulder full road depth instead of a gravel
shoulder and City Staff recommend that both the base bid and alternate bid be
awarded; and
WHEREAS, As part of the bid review process, the references, past projects and
experience and contractor qualifications of the two lowest contractors (All-Ways
Contractors and Super Western) were fully evaluated; and
WHEREAS, As a result of the review process, staff recommends that the bid be
awarded to Super Western in the total amount of $1,631,416.45; and
WHEREAS, The difference between the two lowest bidders is $36,453.75 (2.3%); staff
believes Super Western is the lowest responsible bidder to perform this work having
completed the Moorland Road and Bay Lane Drive project as well as having experience
working with the Muskego-Norway School District, which is of crucial importance as the
project is adjacent to Mill Valley Elementary School and the road needs to be completed
before the school’s fall semester begins; and
WHEREAS, The Finance Committee reviewed the bids and concurs with the
recommendation of City Staff.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego, upon the recommendation of the Finance Committee, does hereby accept the
bid submitted by Super Western in the total amount of $1,631,416.45 for the Hillendale
Road Project.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to
sign the Contract in the name of the City and the City Attorney is authorized to make
substantive changes to the Contract as may be necessary in order to preserve the
general intent thereof.
DATED THIS 26TH DAY OF JANUARY 2021.
114
SPONSORED BY:
FINANCE COMMITTEE
This is to certify that this is a true and accurate copy of Resolution #011-2021, which
was adopted by the Common Council of the City of Muskego.
Deputy Clerk
1/21jmb
115
Reports and Presentations to Finance Committee and Common Council
To: Finance Committee & Common Council
From: Scott Kroeger
Department: Public Works and Development
Subject: Hillendale Drive Reconstruction Award
Date:January 26, 2021
Background Information: There was 8 bids for the Hillendale Drive Reconstruction Project
(refer to the attached document). Each bidder provided a based bid (pink highlight) and
alternate bid (yellow highlight). The alternate bid was to paved the shoulder full road depth
instead of a gravel shoulder. All 8 bids were below the budgeted amount for the project.
The two lowest bidders were the following:
Contractor Base Bid Alternate Bid Total Bid
1. All-Ways Contractors $1,546,880.20 $48,082.50 $1,594,962.70
2. Super Western $1,580,836.45 $50,580.00 $1,631,416.45
City Staff recommendation is to perform the work under the base bid and alternate bid for
this project. The difference is $36,453.75 (2.3%) between the two lowest bidders. As part of
the bid process review, the two lowest contractor’s references, past projects, and
qualifications were vetted.
After checking on references from various communities, project experience and contractor
qualifications; City Staff recommends awarding Super Western the Hillendale Drive
Reconstruction Project. Super Western is very qualified to do this work and recently
finished the Moorland Road and Baylane Drive project for the City of Muskego.
Furthermore, Super Western is experienced working with the Muskego Norway School
District in getting a road project adjacent to a school completed on time and getting the
road open before the school’s fall semester to begin.
Key Issues for Consideration: Attachments
1. Bid Summary for Hillendale Drive Reconstruction Project
Recommendation for Action by Committee and/or Council: Award Hillendale Drive
Reconstruction project to Super Western.
Date of Committee Action: Finance Committee January 26, 2021
Planned Date of Council Action (if required): January 26, 2021
116
Total $ Needed: $
Fiscal Note(s): Within in Capital Budget
$ Budgeted: $2,800,000
Expenditure Account(s) to Be Used: #410.08.91.19.6507 - Hillendale Drive Reconstruction
(3/2019)
117
Approved
CITY OF MUSKEGO
FINANCE COMMITTEE MINUTES
December 8, 2020
6:00 PM
City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
Mayor Petfalski called the meeting to order at 6:00 p.m.
PLEDGE OF ALLEGIANCE
Those present recited the Pledge of Allegiance.
ROLL CALL
Present: Committee Members Alderpersons Wolfe, Kubacki, and Madden. Also
present: Alderpersons Terrence, Kapusta, and Engelhardt, Public Works &
Development Director Kroeger, City Attorney Warchol, and Administrative Assistant
Crisp.
PUBLIC MEETING NOTICE
Ms. Crisp stated that the meeting was noticed in accordance with the open meeting
law.
APPROVAL OF MINUTES –November 24, 2020
Alderperson Wolfe moved to approve. Alderperson Kubacki seconded;
motion carried.
LICENSE APPROVAL
Recommend Approval of Operator Licenses
Alderperson Kubacki moved to recommend approval of an Operator License
for David Krueger, Jennifer Roesch, and Abigail Verzal. Alderperson Wolfe
seconded; motion carried.
NEW BUSINESS
Recommend Approval of City of Muskego/Muskego Historical Society Old Muskego
Settlement Centre Agreement
Alderperson Madden moved to recommend approval. Alderperson Wolfe
seconded; motion carried.
118
Finance Committee Minutes 2
December 8, 2020
VOUCHER APPROVAL
Utility Vouchers
Alderperson Wolfe made a motion to approve Utility Vouchers in the amount
of $22,933.29. Alderperson Madden seconded; motion carried.
General Fund Vouchers
Alderperson Wolfe made a motion to approve General Fund Vouchers in the
amount of $208,611.53. Alderperson Kubacki seconded; motion carried.
Wire Transfers for Payroll/Invoice Transmittals
Alderperson Wolfe made a motion to approve Wire Transfers for
Payroll/Invoice Transmittals in the amount of $356,779.29. Alderperson
Madden seconded; motion carried.
FINANCE DIRECTOR’S REPORT
None
COMMUNICATONS AND OTHER BUSINESS AS AUTHORIZED BY LAW
None
ADJOURNMENT
Alderperson Kubacki made a motion to adjourn at 6:03 p.m. Alderperson
Wolfe seconded; motion carried.
Minutes taken and transcribed by Christine Crisp.
119
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1455
AN ORDINANCE TO AMEND THE ZONING MAP
OF THE CITY OF MUSKEGO
(Wisco Carts and Milwaukee Camper Rental - B-2 to B-3)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN
AS FOLLOWS:
SECTION 1: The following described property is hereby rezoned from B-2 – Local
Service Center District to B-3 – General Business District:
Tax Key No. 2225.984/S80 W19025 Janesville Road
SECTION 2: The several sections of this ordinance are declared to be severable. 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: This ordinance is in full force and effect from and after passage and
publication subject to approval of a Building, Site and Operation Plan by the Plan
Commission and the issuance of a Building Permit.
PASSED AND APPROVED THIS XX DAY OF FEBRUARY 2020.
CITY OF MUSKEGO
_______________________________
Rick Petfalski, Mayor
First Reading: January 26, 2020
ATTEST:
______________________________
Clerk-Treasurer
Notice of Newly Enacted Ordinance Published:
120
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1456
AN ORDINANCE TO AMEND CHAPTER 267,
SECTIONS 267-4., 267-6., 267-7. C. AND 267-18.,
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Peddlers, Solicitors and Transient Merchants)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN AS
FOLLOWS:
SECTION 1: Chapter 267, Section 267-4., of the Municipal Code of the City of Muskego, is
hereby amended to read as follows:
§ 267-4. Application for license.
A sworn,written application for a license under this chapter shall be filed with the City Clerk-
Treasurer on a form provided by the Clerk-Treasurer's office. The form shall require the
necessary information from the applicant as that the Police Department shall need for the
effective enforcement of this chapter and safeguarding of the residents of the City from fraud,
misconduct or abuse. Applicants shall present a valid driver's license at the time the application
is submitted or some other proof of identity as may be reasonably required. Any sales to be
conducted on property governed by the Public Works and Development Department must
comply with Chapter 259 of the City Code.
A.Peddlers and solicitors. The applicant who is the prospective licensee must obtain a
license in his/her own name. The prospective licensee must further obtain a permit for each
individual person peddling or soliciting. The prospective licensee and each person peddling
or soliciting under the licensee are required to remit fees as set forth in §267-5.
B.Transient merchants. The applicant who is the prospective licensee must obtain a license
in his/her own name. The prospective licensee is required to remit fees as set forth in
§267-5. Applicants for a transient merchant license must contact the Public Works and
Development Department to determine if review and approval is needed by the Plan
Commission. The Clerk-Treasurer will not issue the license until such approval is obtained.
SECTION 2: Chapter 267, Section 267-6., of the Municipal Code of the City of Muskego, is
hereby amended to read as follows:
.
§ 267-6. Charitable organizations.
Any organization defined as a charitable organization shall file a sworn,written application with
the City Clerk-Treasurer on a form provided by the Clerk-Treasurer's office. The form shall
require the necessary information from the applicant as that the Police Department shall need
for the effective enforcement of this chapter and safeguarding of the residents of the City from
fraud, misconduct or abuse.
A.Charitable organizations are exempt from payment of the license fee, except for the
investigation fee for each representative of the organization. The fee charged shall be
based on the actual costs associated with the investigation and is nonrefundable.
B.Proof of tax-exempt status must be furnished to the City Clerk-Treasurer.
121
Ordinance #1456
SECTION 3: Chapter 267, Section 267-7. C., of the Municipal Code of the City of Muskego, is
hereby amended to read as follows:
§ 267-7. Investigation and issuance.
C.If the Chief of Police finds the application cannot be approved per the standards of
Subsection B, the Chief shall state, in writing, his reasons for doing so, including a
statement of how the circumstances of the offense relate to the particular licensed activity,
and return said application to the City Clerk-Treasurer, who shall notify the applicant that
the application is disapproved and that no license will be issued. In this event, the
applicant shall be given an opportunity to appeal before the Finance Committee to show
evidence of rehabilitation and fitness to engage in the licensed activity. The Finance
Committee shall consider the factors stated in Wis. Stats. 111.355(4)(d)111.335(4)(d)in
making its determination regarding evidence of rehabilitation and fitness to engage in the
licensed activity.
SECTION 4: Chapter 267, Section 267-18., of the Municipal Code of the City of Muskego, is
hereby amended to read as follows:
§ 267-18. Sales events.
The individual exhibitors involved in a sales event, as defined in §267-2, shall not be required to
obtain individual licenses as provided in this chapter; provided, however, that the following
conditions are complied with:
A.The person organizing the event, or an agent if the event is being organized by a
corporation, shall obtain a sales event license from the City Clerk-Treasurer of the City of
Muskego.
B.In order to obtain a sales event license, the applicant must file a sworn,written application
with the City Clerk-Treasurer on a form to be furnished by the City Clerk-Treasurer. The
form shall require the necessary information as that the Police Department shall need for
effective enforcement of this chapter and safeguarding of the residents of the City from
fraud, misconduct or abuse.
C.The applicant must obtain a separate license for each day that the sales event takes
place.
D.Upon receipt of the application, the application shall be referred to the Chief of Police for
investigation pursuant to §267-7.
E.The applicant for a sales event licensee shall pay a daily fee for each day that the sales
event takes place as set by a resolution approved by the Common Council.
SECTION 5: The several sections of this Ordinance are declared to be severable. 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 Ordinance whose terms are in conflict with the provisions of this Ordinance is hereby
repealed as to those terms that conflict.
SECTION 6: This Ordinance shall be in full force and effect from and after its passage and
publication.
PASSED AND APPROVED THIS DAY OF FEBRUARY 2021.
122
Ordinance #1456
CITY OF MUSKEGO
_______________________________
Rick Petfalski, Mayor
ATTEST:First reading: January 26, 2021
Clerk-Treasurer
Ordinance Published:
1/2021jmb
123
Council Date January 26, 2021
$5,024,880.08
Total Voucher Approval
$26,535.27
Total Water $26,535.27
4,048,097.33
Total Sewer $4,048,097.33
$
#1 - Utility Voucher Approval
Tax Vouchers - Refunds & Tax Settlements (Approve Separately)
$75,183.82
(
$
#2 - Tax Voucher Approval
$875,063.66
(
Total General Fund Vouchers $
#3 - General Voucher Approval
$
$
Debt Service $
$365,652.12
#4 - Wire Transfers Approval
Check #Amount Check #Amount
Total ***
Total 0.00 *Total ***
Big Muskego Lake Vouchers
Development Fund Vouchers
Wire transfers (Approve Separately):
Payroll/Invoice Transmittals
Void Checks Since Last Report
General Fund Prior Council Correction
Net Total Utility Vouchers 4,074,632.60
75,183.82
875,063.66
General Fund Vouchers
Sewer Wire Transfers
Tax Vouchers
Tax Void Checks
Total Tax Vouchers
Total General Fund Vouchers (Approve Separately)
Total Vouchers All Funds
Utility Vouchers (Approve Separately)
Water Vouchers
Water Wire Transfers
Sewer Vouchers
124
CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 1
Report dates: 1/13/2021-1/26/2021 Jan 22, 2021 10:10AM
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
ABC SUPPLY INC - MBA#743
10816435 1 Invoice TRUMBULL TRULO 01/07/2021 01/26/2021 999.60 121 100.04.51.02.5740
82747500 1 Invoice SERVICE FEE 12/31/2020 01/26/2021 29.99 1220 100.04.51.02.5740
Total ABC SUPPLY INC - MBA#743:1,029.59
ABRAHAM'S ON-SITE SHREDDING SERVICE
0003707 1 Invoice CONTAINER SVC - PD 12/22/2020 01/26/2021 99.00 1220 100.02.20.01.5723
0003829 1 Invoice SHREDDING - PD 01/07/2021 01/26/2021 54.00 121 100.02.20.01.5723
Total ABRAHAM'S ON-SITE SHREDDING SERVICE:153.00
ABT MAILCOM
38501 1 Invoice 4TH QTR UTILITY BILLS 01/06/2021 01/26/2021 930.56 121 205.03.00.00.6056
38501 3 Invoice 4TH QTR UTILITY BILLS 01/06/2021 01/26/2021 1,861.12 121 601.61.63.42.5701
38501 2 Invoice 4TH QTR UTILITY BILLS 01/06/2021 01/26/2021 930.56 121 205.03.30.00.5704
38501 4 Invoice 4TH QTR UTILITY BILLS 01/06/2021 01/26/2021 1,861.13 121 605.55.09.03.5702
Total ABT MAILCOM:5,583.37
ACE HARDWARE - WINDLAKE
01212 1 Invoice SHOP TOWELS AND SUPPLIES 12/31/2020 01/26/2021 104.12 1220 601.61.61.15.5415
Total ACE HARDWARE - WINDLAKE:104.12
ADMIT ONE PRODUCTS, INC.
309070 1 Invoice VOTER TICKETS 10/21/2020 01/26/2021 201.95 1220 100.01.03.00.5704
Total ADMIT ONE PRODUCTS, INC.:201.95
AHLBORN, BRIAN & NICOLE
2174151/01262 1 Invoice TAX REFUND/17 01/11/2021 01/26/2021 271.13 121 501.00.00.00.2120
Total AHLBORN, BRIAN & NICOLE:271.13
ALFREDSON, STEFAN & JOANNA
AL/012621 1 Invoice REIMBURSE LML FEES 01/26/2021 01/26/2021 76.45 1220 100.01.06.00.4601
Total ALFREDSON, STEFAN & JOANNA:76.45
AM TOWING
W 28517 1 Invoice TOW FROM IR #21-501 01/13/2021 01/26/2021 226.00 121 100.02.20.01.5722
Total AM TOWING:226.00
AMAZON CAPITAL SERVICES
11TK-PGGH-3 1 Invoice FLOOR MATS FOR DISPATCH 01/13/2021 01/26/2021 359.98 121 100.02.20.01.5415
11W4-CDRR-R 1 Invoice PELOCK UNIFORMS 2020 01/03/2021 01/26/2021 69.95 121 100.02.20.01.5151
17VT-DFV7-4J 1 Invoice CARDSTOCK 12/27/2020 01/26/2021 31.99 1220 100.05.71.00.6062
17VT-DFV7-4J 2 Invoice USB DRIVES & CORRECTION FLUI 12/27/2020 01/26/2021 14.89 1220 100.05.71.00.5701
1DNL-PJ4G-31 1 Invoice PORTABLE HARDRIVES FOR EVID 01/06/2021 01/26/2021 199.91 121 100.02.20.01.5722
125
CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 2
Report dates: 1/13/2021-1/26/2021 Jan 22, 2021 10:10AM
Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number
1F1X-RQNW-F 1 Invoice PORTABLE HEATER 12/29/2020 01/26/2021 41.20 1220 100.05.71.00.5701
1F1X-RQNW-F 2 Invoice POSTCARDS 12/29/2020 01/26/2021 51.51 1220 100.05.71.00.6062
1JHY-1J4Q-F9 1 Invoice PRINT 01/10/2021 01/26/2021 188.44 121 100.05.71.01.5711
1JHY-1JRQ-CJ 1 Invoice FLASH DRIVES 01/10/2021 01/26/2021 112.95 121 100.02.20.01.5722
1JJT-JG66-GW 1 Invoice LAMINATING POUCHES 12/26/2020 01/26/2021 88.98 1220 100.05.71.00.6062
1JJT-JG66-GW 3 Invoice ALCOHOL PADS, NITRILE L GLOV 12/26/2020 01/26/2021 81.19 1220 100.05.71.00.5703
1JJT-JG66-GW 2 Invoice USB DRIVES, MICE, PAPER CLIPS, 12/26/2020 01/26/2021 164.22 1220 100.05.71.00.5701
1JJT-JG66-GW 4 Invoice BOOK TAPE 12/26/2020 01/26/2021 91.40 1220 100.05.71.00.5702
1JJT-JG66-LG 1 Invoice PRINT 12/26/2020 01/26/2021 16.18 1220 100.05.71.01.5711
1KTF-3LRF-V3 1 Invoice ELECTRONIC MATERIALS 12/14/2020 01/26/2021 224.72 1220 100.05.71.03.5711
1MFF-FM91-F1 1 Invoice PRINT 12/30/2020 01/26/2021 14.99 1220 100.05.71.01.5711
1NRP-JKPN-D 1 Invoice TONER CARTRIDGE CLERICAL PR 01/06/2021 01/26/2021 122.99 121 100.02.20.01.5610
1V9Q-3KHT-9V 1 Invoice ELECTRONIC MATERIALS 12/22/2020 01/26/2021 29.99 1220 100.05.71.03.5711
1WRG-J64C-R 1 Invoice TONER 01/12/2021 01/26/2021 49.95 121 100.02.25.00.5704
1YH7-7GHK-N 1 Invoice DESK CALENDARS 01/03/2021 01/26/2021 27.77 121 100.02.20.01.5701
Total AMAZON CAPITAL SERVICES:1,983.20
AMERICAN HYDRAULICS INC
25170 1 Invoice MOTORS 01/04/2021 01/26/2021 980.29 121 100.04.51.07.5405
Total AMERICAN HYDRAULICS INC:980.29
AMROCK LLC
2229991/01262 1 Invoice TAX REFUND/19 01/13/2021 01/26/2021 3,990.42 121 501.00.00.00.2120
Total AMROCK LLC:3,990.42
ANDY KRAATZ OVERHEAD DOORS, LLC
2254 1 Invoice SERVICE FOR DOOR 01/07/2021 01/26/2021 175.00 121 100.04.51.08.5415
Total ANDY KRAATZ OVERHEAD DOORS, LLC:175.00
ANTHOLINE, ROBERT & DIANA
2204105/01262 1 Invoice TAX REFUND/13 12/31/2020 01/26/2021 1,373.25 1220 501.00.00.00.2120
Total ANTHOLINE, ROBERT & DIANA:1,373.25
AUGUSTINE, JESSE & MEGHAN
2176227/01262 1 Invoice TAX REFUND/15 01/07/2021 01/26/2021 4,389.33 121 501.00.00.00.2120
Total AUGUSTINE, JESSE & MEGHAN:4,389.33
B & H PHOTO
182373454 1 Invoice HANDHELD WIRELESS MICROPH 12/23/2020 01/26/2021 192.47 1220 100.05.71.00.6062
Total B & H PHOTO:192.47
BAKER & TAYLOR COMPANY
2035678346 1 Invoice PRINT 12/17/2020 01/26/2021 1,032.17 1220 100.05.71.01.5711
2035689991 1 Invoice PRINT 12/23/2020 01/26/2021 565.59 1220 100.05.71.01.5711
2035699867 1 Invoice PRINT 12/30/2020 01/26/2021 1,083.45 1220 100.05.71.01.5711
3225368 1 Invoice PRINT 12/22/2020 01/26/2021 22.99-1220 100.05.71.01.5711
5016642253 1 Invoice PRINT 12/24/2020 01/26/2021 73.67 1220 100.05.71.01.5711
5016654276 1 Invoice PRINT 12/30/2020 01/26/2021 27.35 1220 100.05.71.01.5711
Total BAKER & TAYLOR COMPANY:2,759.24
126
CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 3
Report dates: 1/13/2021-1/26/2021 Jan 22, 2021 10:10AM
Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number
BARKELAR, HARRY & BONNIE
2237015/01262 1 Invoice TAX REFUND/10 12/28/2020 02/26/2021 574.65 1220 501.00.00.00.2120
Total BARKELAR, HARRY & BONNIE:574.65
BARKER, ERIC A
2252975/01262 1 Invoice TAX REFUND/13 12/31/2020 01/26/2021 23.15 1220 501.00.00.00.2120
Total BARKER, ERIC A:23.15
BAUTCH, BRENT
BA/012621 1 Invoice CLOTHING ALLOWANCE 11/10/2020 01/26/2021 300.00 1220 100.04.51.01.5225
Total BAUTCH, BRENT:300.00
BEDROCK SEWER & WATER INC
P21-201627 1 Invoice OVERPAYMENT ON P21-201627 01/12/2021 01/26/2021 120.00 121 100.02.25.00.4250
Total BEDROCK SEWER & WATER INC:120.00
BELLER, JOSEPH JR & JESSICA
2174011/01262 1 Invoice TAX REFUND/13 12/31/2020 01/26/2021 140.80 1220 501.00.00.00.2120
Total BELLER, JOSEPH JR & JESSICA:140.80
BIZZLE, PRESTON & CRYSTAL ET AL
2218020002/01 1 Invoice TAX REFUND/13 12/31/2020 01/26/2021 591.81 1220 501.00.00.00.2120
Total BIZZLE, PRESTON & CRYSTAL ET AL:591.81
BLAKE, CRISTI & ERIK
2162142/01262 1 Invoice TAX REFUND/13 12/31/2020 01/26/2021 2,875.86 1220 501.00.00.00.2120
Total BLAKE, CRISTI & ERIK:2,875.86
BRAUN, JAMES
2193038/01262 1 Invoice TAX REFUND/13 12/31/2020 01/26/2021 164.64 1220 501.00.00.00.2120
Total BRAUN, JAMES:164.64
BRENT, DAVID & KAREN
2174184/01262 1 Invoice TAX REFUND/12 12/30/2020 01/26/2021 119.48 1220 501.00.00.00.2120
Total BRENT, DAVID & KAREN:119.48
CARPIO, MARLO & HEIDI
2164116/01262 1 Invoice TAX REFUND/11 12/29/2020 01/26/2021 11.38 1220 501.00.00.00.2120
Total CARPIO, MARLO & HEIDI:11.38
CDW GOVERNMENT, INC
6419909 1 Invoice ADOBE STOCK 10 IMAGES 01/11/2021 01/26/2021 341.66 121 100.05.72.10.5506
6419909 2 Invoice ADOBE INDESIGN ANNUAL 01/11/2021 01/26/2021 387.23 121 100.05.72.10.5506
6425695 1 Invoice PRINTER REPLACMENT SQUAD 5 01/11/2021 01/26/2021 326.74 121 100.01.14.00.5506
6435732 1 Invoice EPSON 01/11/2021 01/26/2021 759.23 121 100.01.03.00.5410
Total CDW GOVERNMENT, INC:1,814.86
127
CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 4
Report dates: 1/13/2021-1/26/2021 Jan 22, 2021 10:10AM
Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number
CHUBB
P#000D951978 1 Invoice CYBER ERM 01/14/2021 01/26/2021 4,726.00 121 100.01.06.00.6110
Total CHUBB:4,726.00
CIVIC SYSTEMS LLC
CVC20137 1 Invoice SEMI-ANNUAL SUPPORT FEES 12/28/2020 01/26/2021 5,232.00 121 100.01.03.00.5506
CVC20137 5 Invoice SEMI-ANNUAL SUPPORT FEES 12/28/2020 01/26/2021 436.00 121 205.03.00.00.5702
CVC20137 3 Invoice SEMI-ANNUAL SUPPORT FEES 12/28/2020 01/26/2021 1,308.00 121 605.56.09.23.5510
CVC20137 2 Invoice SEMI-ANNUAL SUPPORT FEES 12/28/2020 01/26/2021 1,308.00 121 601.61.63.42.5509
CVC20137 4 Invoice SEMI-ANNUAL SUPPORT FEES 12/28/2020 01/26/2021 436.00 121 205.03.30.00.5704
Total CIVIC SYSTEMS LLC:8,720.00
CLARK, CHARLES & DIANE
2198113/01262 1 Invoice TAX REFUND/15 01/07/2021 01/26/2021 3,240.10 121 501.00.00.00.2120
Total CLARK, CHARLES & DIANE:3,240.10
COMMUNITY HOLDINGS LLC
2283999/01262 1 Invoice TAX REFUND/15 01/07/2021 01/26/2021 304.50 121 501.00.00.00.2120
Total COMMUNITY HOLDINGS LLC:304.50
COMPLETE OFFICE OF WIS
843773 1 Invoice FIN SUPPLIES 01/07/2021 01/26/2021 59.90 121 100.01.03.00.5701
848767 1 Invoice COURT OFFICE SUPPLIES 01/12/2021 01/26/2021 20.40 121 100.01.08.00.5701
849239 1 Invoice JILL'S PRINTER TONER 01/13/2021 01/26/2021 80.86 121 100.01.03.00.5701
Total COMPLETE OFFICE OF WIS:161.16
CORE & MAIN LP
N563228 1 Invoice RUB DROP IN MTR GSKT 01/07/2021 01/26/2021 47.36 121 605.55.09.03.5410
Total CORE & MAIN LP:47.36
CRANE ENGINEERING SALES, INC
385739-00 1 Invoice AUMA ACTUATOR 12/30/2020 01/26/2021 7,430.00 1220 605.52.06.25.5101
Total CRANE ENGINEERING SALES, INC:7,430.00
CWKK CRIME DEX
E2996D36-000 1 Invoice CRIME REFERENCE SOFTWARE 01/05/2020 01/26/2021 79.00 121 100.02.20.01.5722
Total CWKK CRIME DEX:79.00
DEAN, DAVID & STEPHANIE
2191191/01262 1 Invoice TAX REFUND/10 12/28/2020 01/26/2021 41.24 1220 501.00.00.00.2120
Total DEAN, DAVID & STEPHANIE:41.24
DEMPSEY, DONALD & JANICE
2221106/01262 1 Invoice TAX REFUND/15 01/07/2021 01/26/2021 5,501.23 121 501.00.00.00.2120
Total DEMPSEY, DONALD & JANICE:5,501.23
DERMATEC DIRECT
1538273 1 Invoice GLOVES 01/13/2021 01/26/2021 231.89 121 100.02.20.01.5722
128
CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 5
Report dates: 1/13/2021-1/26/2021 Jan 22, 2021 10:10AM
Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number
Total DERMATEC DIRECT:231.89
DICKMANN, SCOTT
DI/012621 1 Invoice REIMBURSE LML FEES 01/26/2021 01/26/2021 750.00 1220 100.01.06.00.4601
Total DICKMANN, SCOTT:750.00
DIETZLER, KENNETH & NICHOLE
2191040/01262 1 Invoice TAX REFUND/13 12/31/2020 01/26/2021 192.69 1220 501.00.00.00.2120
Total DIETZLER, KENNETH & NICHOLE:192.69
DIVERSIFIED BENEFIT SERV INC.
320160 1 Invoice JAN HRA HEALTH REIMBURSEME 01/13/2021 01/26/2021 654.45 121 100.01.06.00.5203
Total DIVERSIFIED BENEFIT SERV INC.:654.45
DRM INDUSTRIES CORP
41997 1 Invoice SALT CONVEYOR 12/03/2020 01/26/2021 64,237.50 121 401.08.93.51.6507
Total DRM INDUSTRIES CORP:64,237.50
DUNN'S SPORTING GOODS
76534VV 1 Invoice YOUTH WINTER LEAGUE BASKET 01/07/2021 01/26/2021 4,560.00 121 100.05.72.13.5702
Total DUNN'S SPORTING GOODS:4,560.00
ELLIOTT, RANDY & HEATHER
2187015/01262 1 Invoice TAX REFUND/12 12/30/2020 01/26/2021 30.53 1220 501.00.00.00.2120
Total ELLIOTT, RANDY & HEATHER:30.53
ELLIOTT'S ACE HARDWARE
601005/012621 3 Invoice PD MAINT 12/31/2020 01/26/2021 12.40 1220 100.02.20.01.5415
601005/012621 1 Invoice CITY HALL MAINT 12/31/2020 01/26/2021 95.45 1220 100.01.09.00.5415
601005/012621 4 Invoice NON DEPT 12/31/2020 01/26/2021 30.57 1220 100.01.06.00.5701
601005/012621 2 Invoice PD ECD 12/31/2020 01/26/2021 39.08 1220 100.02.20.01.5415
Total ELLIOTT'S ACE HARDWARE:177.50
FAIRCHILD EQUIPMENT
K58952 1 Invoice SLING 07/22/2020 01/26/2021 39.35 1220 100.04.51.07.5405
Total FAIRCHILD EQUIPMENT:39.35
FINDAWAY WORLD LLC
338014 1 Invoice AV 12/30/2020 01/26/2021 43.99 1220 100.05.71.02.5711
338190 1 Invoice AV 12/31/2020 01/26/2021 1,012.82 1220 100.05.71.02.5711
Total FINDAWAY WORLD LLC:1,056.81
FITZGERALD, DAVID
2176023/01262 1 Invoice TAX REFUND/14 01/06/2021 01/26/2021 2,250.31 121 501.00.00.00.2120
Total FITZGERALD, DAVID:2,250.31
129
CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 6
Report dates: 1/13/2021-1/26/2021 Jan 22, 2021 10:10AM
Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number
FLORYANCE, PETER & CHERYL
2167077/01262 1 Invoice TAX REFUND/11 12/29/2020 01/26/2021 366.13 1220 501.00.00.00.2120
Total FLORYANCE, PETER & CHERYL:366.13
FORELAND LTD
FO/012621 1 Invoice REIMBURSE LML FEES 01/26/2021 01/26/2021 75.00 1220 100.01.06.00.4601
Total FORELAND LTD:75.00
FOTH INFRASTRUCTURE &
70492 1 Invoice HILLENDALE DRIVE RECONSTRU 01/05/2021 01/26/2021 20,977.00 1220 410.08.91.19.6507
Total FOTH INFRASTRUCTURE &:20,977.00
FROEDTERT HEALTH INC
10462597 1 Invoice BLOOD DRAW 12/25/2020 01/26/2021 28.00 1220 100.02.20.01.5722
Total FROEDTERT HEALTH INC:28.00
GALLS, LLC,-DBA RED THE UNIFORM TAILOR
017319203 1 Invoice ROZESKI UNIFORM CREDIT 12/30/2020 01/26/2021 88.00-1220 100.02.20.01.5151
BC1263344 1 Invoice MONREAL UNIFORMS 12/30/2020 01/26/2021 73.21 1220 100.02.20.01.5151
BC1265852 1 Invoice MESICH UNIFORMS 01/05/2021 01/26/2021 41.84 121 100.02.20.01.5151
BC1266242 1 Invoice JONES UNIFORMS 01/05/2021 01/26/2021 462.21 121 100.02.20.01.5151
Total GALLS, LLC,-DBA RED THE UNIFORM TAILOR:489.26
GEIBEL, RANDY & SANDRA
2193054/01262 1 Invoice TAX REFUND/13 12/31/2020 01/26/2021 44.09 1220 501.00.00.00.2120
Total GEIBEL, RANDY & SANDRA:44.09
GENERAL CODE
GC00112188 1 Invoice ANNUAL MAINTENANCE 01/01/2021 01/26/2021 795.00 121 100.01.06.00.5506
Total GENERAL CODE:795.00
GLEASON REDI MIX
297676 1 Invoice 6 BAG AIR - SEASONAL RATE 01/07/2021 01/26/2021 172.50 121 100.04.51.08.5415
Total GLEASON REDI MIX:172.50
GRAEF INC
0113456 1 Invoice BAY LANE ROAD RECONSTRUCTI 01/04/2021 01/26/2021 425.00 1220 410.08.91.19.6504
0113461 1 Invoice GENERAL ENGINEERING SERVIC 01/04/2021 01/26/2021 3,216.75 1220 100.04.19.00.5815
0113462 1 Invoice WELL PUMP REPLACEMENT 01/04/2021 01/26/2021 3,777.83 121 605.00.00.00.1961
0113463 1 Invoice 2020 LOCAL BRIDGE INSPECTION 01/04/2021 01/26/2021 134.08 1220 100.04.51.09.5744
0113471 1 Invoice MS4 PERMIT/ILLICIT DISCHARGE 01/04/2021 01/26/2021 336.00 1220 216.08.00.00.6557
0113528 1 Invoice JEWELL LAKE DENOON DEVELOP 01/07/2021 01/26/2021 4,019.92 1220 507.00.00.00.2777
113527 1 Invoice DILLETT CSM 01/07/2021 01/26/2021 60.00 1220 507.00.00.00.2715
Total GRAEF INC:11,969.58
GRAINGER
9771992311 1 Invoice FUSES 01/13/2021 01/26/2021 22.58 121 605.54.06.41.5702
130
CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 7
Report dates: 1/13/2021-1/26/2021 Jan 22, 2021 10:10AM
Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number
Total GRAINGER :22.58
HAWKINS, INC.
4846052 1 Invoice AZONE 15 12/15/2020 01/26/2021 1,603.86 1220 605.53.06.31.5750
4846052 2 Invoice AZONE 15 12/15/2020 01/26/2021 1,603.87 1220 601.61.61.12.5750
Total HAWKINS, INC.:3,207.73
HENRY, DANIEL &
2162087/01262 1 Invoice TAX REFUND/10 12/28/2020 01/26/2021 9.51 1220 501.00.00.00.2120
Total HENRY, DANIEL &:9.51
HERDA, SANDRA
HE/012621 1 Invoice REIMBURSE BML FEES 01/26/2021 01/26/2021 80.00 1220 250.01.00.00.4358
Total HERDA, SANDRA:80.00
HIRTH, JIM
2232992/01262 1 Invoice TAX REFUND/14 01/06/2021 01/26/2021 1,195.94 121 501.00.00.00.2120
Total HIRTH, JIM:1,195.94
HUMPHREY SERVICE PARTS
1226020 1 Invoice CORE CREDIT 11/04/2020 01/26/2021 95.64-1220 100.04.51.07.5405
1230334 1 Invoice MISC PARTS 01/04/2021 01/26/2021 1,125.05 1220 100.04.51.07.5405
1230355 1 Invoice TIE WRAPS - SHOP TRUCK 01/04/2021 01/26/2021 65.64 121 100.04.51.07.5405
1230386 1 Invoice BOOM TRUCK DUST SHIELD 01/05/2021 01/26/2021 129.22 121 100.04.51.07.5405
1230559 1 Invoice BOOM TRUCK DUST SHIELD 01/06/2021 01/26/2021 129.22 121 100.04.51.07.5405
1230834 1 Invoice TRUCKS 01/11/2021 01/26/2021 46.90 121 100.04.51.07.5405
52107/122220 1 Invoice RETURNS 09/28/2020 01/26/2021 318.70-1220 100.04.51.07.5405
Total HUMPHREY SERVICE PARTS:1,081.69
HYDROCORP
0060284-IN 1 Invoice DECEMBER PAYMENT 12/31/2020 01/26/2021 2,196.00 1220 605.56.09.23.5815
Total HYDROCORP:2,196.00
IIMC
1754/012621 1 Invoice JILL MEMBERSHIP 12/31/2020 01/26/2021 115.00 121 100.01.03.00.5305
Total IIMC:115.00
IMPACT ACQUISTIONS LLC
2003090 1 Invoice ANNUAL RENEWAL FOR PAPERC 01/11/2021 01/26/2021 725.00 121 100.05.71.00.5505
Total IMPACT ACQUISTIONS LLC:725.00
J & O TRUCKING INC
2020-1277 1 Invoice HAUL 24 BLOCKS FROM BURLING 12/31/2020 01/26/2021 475.00 1220 100.04.51.11.5820
Total J & O TRUCKING INC:475.00
JANI-KING INC- MILW REGION
MIL01210560 1 Invoice ADD'L FRIDAYS IN NOV & DEC - LI 01/06/2021 01/26/2021 780.00 1220 100.05.71.00.5835
131
CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 8
Report dates: 1/13/2021-1/26/2021 Jan 22, 2021 10:10AM
Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number
Total JANI-KING INC- MILW REGION:780.00
JASKOLSKI, TIMOTHY & DEBORAH
2218068/01262 1 Invoice TAX REFUND/13 12/31/2020 01/26/2021 301.32 1220 501.00.00.00.2120
Total JASKOLSKI, TIMOTHY & DEBORAH:301.32
JENSEN EQUIPMENT CO., INC.
J-682138 1 Invoice COVID SUPPLIES - GEORGE 12/28/2020 01/26/2021 140.00 1220 100.01.06.00.5701
Total JENSEN EQUIPMENT CO., INC.:140.00
JESSE, JAMIE & SHAWNA
2200975/01262 1 Invoice TAX REFUND/13 12/31/2020 01/26/2021 327.96 1220 501.00.00.00.2120
Total JESSE, JAMIE & SHAWNA:327.96
JM BRENNAN, INC.
SALES000125 1 Invoice INSTALLED NEW COUPLER ON B 12/31/2020 01/26/2021 717.46 1220 100.05.71.00.5415
Total JM BRENNAN, INC.:717.46
JOERS, STACI
JO012621 1 Invoice CLASS INSTRUCTION COOKING C 12/03/2020 01/26/2021 90.00 1220 100.05.72.18.5110
Total JOERS, STACI:90.00
JOSE, JERIN
2167092/01262 1 Invoice TAX REFUND/18 01/12/2021 01/26/2021 3,920.52 121 501.00.00.00.2120
Total JOSE, JERIN:3,920.52
KANOPY INC
228794-PPU 1 Invoice ELECTRONIC MATERIALS - KANO 12/31/2020 01/26/2021 157.00 1220 100.05.71.03.5711
Total KANOPY INC:157.00
KAPRELIAN, PAUL & LYNN
2163239/01262 1 Invoice TAX REFUND/15 01/07/2021 01/26/2021 3,170.15 121 501.00.00.00.2120
Total KAPRELIAN, PAUL & LYNN:3,170.15
KARSTEN, JEFFREY & DARCY
KA/012621 1 Invoice REIMBURSE LML FEES 01/26/2021 01/26/2021 76.45 1220 100.01.06.00.4601
Total KARSTEN, JEFFREY & DARCY:76.45
KASTEN, DAVID & REYNE
2161132/01262 1 Invoice TAX REFUND/12 12/30/2020 01/26/2021 1,270.68 1220 501.00.00.00.2120
2161133/01262 1 Invoice TAX REFUND/19 01/13/2021 01/26/2021 4,293.45 121 501.00.00.00.2120
Total KASTEN, DAVID & REYNE:5,564.13
KATZ, ARTHUR
2221108 1 Invoice OVERPAY UTILITIES 01/13/2021 01/26/2021 2,512.35 121 001.00.00.00.1005
132
CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 9
Report dates: 1/13/2021-1/26/2021 Jan 22, 2021 10:10AM
Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number
Total KATZ, ARTHUR:2,512.35
KILEY, TIMOTHY & LISA
2177964/01262 1 Invoice TAX REFUND/13 12/31/2020 01/26/2021 60.70 1220 501.00.00.00.2120
Total KILEY, TIMOTHY & LISA:60.70
KLAMECKI, JOSEPH & VIRGINIA
KL/012621 1 Invoice REIMBURSE LML FEES 01/26/2021 01/26/2021 76.45 1220 100.01.06.00.4601
Total KLAMECKI, JOSEPH & VIRGINIA:76.45
KLINE, KARI
2192978036 1 Invoice DUP PAID UTILITIES 01/12/2021 01/26/2021 112.47 121 001.00.00.00.1005
Total KLINE, KARI:112.47
KLOSKOWSKI, SCOTT
KL/012621 1 Invoice CLOTHING ALLOWANCE 12/30/2020 01/26/2021 36.67 1220 601.61.61.12.5702
KL/012621 2 Invoice CLOTHING ALLOWANCE 12/30/2020 01/26/2021 36.68 1220 605.56.09.30.5228
Total KLOSKOWSKI, SCOTT:73.35
KOEBER, JEFFREY & BONNIE
KO/012621 1 Invoice REIMBURSE LML FEES 01/26/2021 01/26/2021 375.00 1220 100.01.06.00.4601
Total KOEBER, JEFFREY & BONNIE:375.00
KONE, INC.
959752328 1 Invoice MAINTENANCE AGREEMENT 1/1-3 01/01/2021 01/26/2021 463.32 121 100.01.09.00.5415
Total KONE, INC.:463.32
KONTNEY, ROBERT & LAURIE
2208015/01262 1 Invoice TAX REFUND/11 12/29/2020 01/26/2021 275.21 1220 501.00.00.00.2120
Total KONTNEY, ROBERT & LAURIE:275.21
KOWALKOWSKI, KEITH & DONNA
2190020/01262 1 Invoice TAX REFUND/15 01/07/2021 01/26/2021 3,232.80 121 501.00.00.00.2120
Total KOWALKOWSKI, KEITH & DONNA:3,232.80
KRAUSE, RICHARD & CAROL
2163074/01262 1 Invoice TAX REFUND/14 01/06/2021 01/26/2021 227.07 121 501.00.00.00.2120
Total KRAUSE, RICHARD & CAROL:227.07
KRZOSKA, MARK
2164984/01262 1 Invoice TAX REFUND/14 01/06/2021 01/26/2021 135.07 121 501.00.00.00.2120
Total KRZOSKA, MARK:135.07
KUBISIAK, SUSAN
2174088/01262 1 Invoice TAX REFUND/12 12/30/2020 01/26/2021 409.09 1220 501.00.00.00.2120
133
CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 10
Report dates: 1/13/2021-1/26/2021 Jan 22, 2021 10:10AM
Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number
Total KUBISIAK, SUSAN:409.09
KUJAWA ENTERPRISES INC.
137206 1 Invoice 0121 PLANT MAINTENANCE 01/06/2021 01/26/2021 61.00 121 100.05.71.00.5415
Total KUJAWA ENTERPRISES INC.:61.00
KWIK TRIP
KW/012621 1 Invoice KWIK TRIP CASH BOND REFUND 01/06/2021 01/26/2021 287,539.14 121 505.00.00.00.2625
Total KWIK TRIP:287,539.14
LAWSON PRODUCTS, INC.
9308120457 1 Invoice FLAP DISCS 01/05/2021 01/26/2021 307.49 121 601.61.61.15.5415
Total LAWSON PRODUCTS, INC.:307.49
LEAGUE OF WISC MUNICIPALITIES
10348/012621 1 Invoice MEMBERSHIP RENEWAL 12/11/2020 01/26/2021 8,186.57 121 100.01.01.00.5305
Total LEAGUE OF WISC MUNICIPALITIES:8,186.57
LEGACY RECYCLING
2251 1 Invoice EMERALD PARK LANDFILL NOV 2 01/12/2021 01/26/2021 3,294.29 1220 205.03.00.00.5820
2272 1 Invoice EMERALD PARK LANDFILL DEC 20 01/15/2021 01/26/2021 2,337.55 1220 205.03.00.00.5820
Total LEGACY RECYCLING:5,631.84
LEHMANN, WILLIAM
2174173/01262 1 Invoice TAX REFUND/12 12/30/2020 01/26/2021 3,539.68 1220 501.00.00.00.2120
Total LEHMANN, WILLIAM:3,539.68
LISAK, JAMES & LISA
2200011/01262 1 Invoice TAX REFUND/11 12/29/2020 01/26/2021 306.76 1220 501.00.00.00.2120
Total LISAK, JAMES & LISA:306.76
LOVINUS, DANIEL
2252940/01262 1 Invoice TAX REFUND/11 12/29/2020 01/26/2021 65.08 1220 501.00.00.00.2120
Total LOVINUS, DANIEL:65.08
LWMMI
LW/012621 1 Invoice LOSS & DEFENSE 01/04/2021 01/26/2021 31,350.55 121 100.01.06.00.6108
Total LWMMI:31,350.55
MACQUEEN EQUIPMENT
P17684 1 Invoice VACTOR PARTS 01/05/2021 01/26/2021 1,240.73 121 100.04.51.07.5405
Total MACQUEEN EQUIPMENT:1,240.73
MEADOWS WEST LLC
2167007006/01 1 Invoice TAX REFUND/12 12/30/2020 01/26/2021 34.43 1220 501.00.00.00.2120
134
CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 11
Report dates: 1/13/2021-1/26/2021 Jan 22, 2021 10:10AM
Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number
Total MEADOWS WEST LLC:34.43
MICROMARKETING LLC
830166 1 Invoice AV 11/17/2020 01/26/2021 40.00 1220 100.05.71.02.5711
Total MICROMARKETING LLC:40.00
MILW MET. SEWERAGE DISTRICT
300-200 1 Invoice 4TH QTR BILLING 01/07/2021 01/26/2021 352,145.51 121 601.61.61.03.6072
CC8-20 2 Invoice ADJUSTMENT 12/31/2020 01/26/2021 363,803.00-121 601.61.61.02.6071
CC8-20 1 Invoice 2021 CAPITAL CHG 12/31/2020 01/26/2021 3,975,823.00 121 601.61.61.02.6071
CC8-20 3 Invoice NEW BERLIN 12/31/2020 01/26/2021 31,211.00 121 601.61.61.02.6071
Total MILW MET. SEWERAGE DISTRICT:3,995,376.51
MILWAUKEE JOURNAL SENTINEL
0003642442 1 Invoice MISCELLANEOUS PUBL 01/01/2021 01/26/2021 292.91 1220 100.01.06.00.6001
0003642442 2 Invoice HILLENDALE 01/01/2021 01/26/2021 239.14 1220 401.08.91.19.6507
1395112/01262 1 Invoice ELECTION NOTICE 01/13/2021 01/26/2021 85.44 121 100.01.03.00.5704
Total MILWAUKEE JOURNAL SENTINEL:617.49
MILWAUKEE LAWN SPRINKLER
PKG4 1 Invoice JANESVILLE RD MEDIAN SPRINKL 01/06/2021 01/26/2021 399.00 121 100.01.06.00.5820
Total MILWAUKEE LAWN SPRINKLER:399.00
MUNICIPAL PROPERTY INSURANCE COMPANY
40000210/0126 1 Invoice PROPERTY INSURANCE 01/05/2021 01/26/2021 66,930.00 121 100.01.06.00.6103
Total MUNICIPAL PROPERTY INSURANCE COMPANY:66,930.00
MUSKEGO CHAMBER OF COMMERCE
6842 1 Invoice ANNUAL MEMBERSHIP DUES 11/16/2020 01/26/2021 335.00 121 100.01.01.00.5305
Total MUSKEGO CHAMBER OF COMMERCE:335.00
MUSKEGO SENIOR TAXI
MU/012621 1 Invoice TAXI SUPPORT 12/15/2020 01/26/2021 15,000.00 121 100.01.06.00.6055
Total MUSKEGO SENIOR TAXI:15,000.00
O'REILLY AUTO STORES INC
1206536/01262 1 Invoice PD VEHICLE PARTS/MAINT 12/28/2020 01/26/2021 773.96 1220 100.02.20.01.5405
1206536/01262 2 Invoice MAINT VAN 12/28/2020 01/26/2021 23.75 1220 100.01.09.00.5405
3853-287674 1 Invoice 2012 CHEVY THERMOSTAT 12/02/2020 01/26/2021 5.36 121 100.01.09.00.5405
Total O'REILLY AUTO STORES INC:803.07
PARWORTH, ERIC & RENEE
2282995003/01 1 Invoice TAX REFUND/11 12/29/2020 01/26/2021 453.04 1220 501.00.00.00.2120
Total PARWORTH, ERIC & RENEE:453.04
PEARDON, PAUL & ANGELA
2204075/01262 1 Invoice TAX REFUND/11 12/29/2020 01/26/2021 763.37 1220 501.00.00.00.2120
135
CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 12
Report dates: 1/13/2021-1/26/2021 Jan 22, 2021 10:10AM
Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number
Total PEARDON, PAUL & ANGELA:763.37
PEKEL, GREGORY
2195107/01262 1 Invoice TAX REFUND/12 12/30/2020 01/26/2021 4,283.82 1220 501.00.00.00.2120
Total PEKEL, GREGORY:4,283.82
PERRILL
253291 1 Invoice ROWAY WEB APPS 01/01/2021 01/26/2021 85.00 121 100.04.19.00.5815
Total PERRILL:85.00
PERSIK, KERRY
2176006/01262 1 Invoice TAX REFUND/11 12/29/2020 01/26/2021 3.84 1220 501.00.00.00.2120
Total PERSIK, KERRY:3.84
PESCHL, ALAN & SUSANNE
2221124/01262 1 Invoice TAX REFUND/12 12/30/2020 01/26/2021 29.05 1220 501.00.00.00.2120
Total PESCHL, ALAN & SUSANNE:29.05
PROPHOENIX CORP
2021088 1 Invoice ANNUAL PD RECORD MAINTENAN 10/16/2020 01/26/2021 45,905.31 121 100.02.20.01.5504
Total PROPHOENIX CORP:45,905.31
PUBLIC SERVICE COMMISSION OF WISCONSIN
2011-I-04005 1 Invoice PSC ASSESSMENT 12/22/2020 01/26/2021 99.74 1220 605.58.04.08.6701
Total PUBLIC SERVICE COMMISSION OF WISCONSIN:99.74
QUALITY HEATING
P21-201578 1 Invoice OVERPAYMENT P21-201578 01/06/2021 01/26/2021 240.00 121 100.02.25.00.4250
Total QUALITY HEATING:240.00
QUILL CORP
13820595 1 Invoice OFFICE SUPPLIES, PAPER, LAMIN 01/14/2021 01/26/2021 201.69 121 100.05.72.10.5701
Total QUILL CORP:201.69
R & R INS. SRV., INC
2387961 1 Invoice RENEW - WORKERS COMP 12/29/2020 01/26/2021 64,008.00 121 100.01.06.00.6101
2387963 2 Invoice DAM COVERY 12/29/2020 01/26/2021 62.50 121 100.01.06.00.6103
2387963 4 Invoice AUTO PHY DAMAGE 12/29/2020 01/26/2021 3,668.00 121 100.01.06.00.6104
2387963 3 Invoice PUBLIC OFFICIALS 12/29/2020 01/26/2021 3,037.00 121 100.01.06.00.6105
2387963 1 Invoice RENEW - GEN & PD LIABILITY 12/29/2020 01/26/2021 10,138.00 121 100.01.06.00.6102
2387963 5 Invoice AUTO LIABILITY 12/29/2020 01/26/2021 3,227.50 121 100.01.06.00.6109
2387964 1 Invoice RENEW POLICY - CRIME 12/29/2020 01/26/2021 2,415.00 121 100.01.06.00.6107
2388467 1 Invoice RENEW - TANK 01/04/2021 01/26/2021 1,614.01 121 100.04.51.07.6109
Total R & R INS. SRV., INC:88,170.01
REID, SCOTT & SHELLY
2227118001/01 1 Invoice TAX REFUND/13 12/31/2020 01/26/2021 13.95 1220 501.00.00.00.2120
136
CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 13
Report dates: 1/13/2021-1/26/2021 Jan 22, 2021 10:10AM
Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number
Total REID, SCOTT & SHELLY:13.95
RICKERT/ GARY
RI/012621 1 Invoice CLOTHING ALLOWANCE 12/30/2020 01/26/2021 300.00 1220 100.04.51.01.5225
Total RICKERT/ GARY:300.00
ROTH FAMILY LP
RO012621 1 Invoice DOUBLE PAYMENT 01/12/2021 01/26/2021 22.11 121 001.00.00.00.1005
Total ROTH FAMILY LP:22.11
SCHABER,RICHARD
SC/012621 1 Invoice CLOTHING ALLOWANCE 12/30/2020 01/26/2021 150.00 1220 601.61.61.12.5702
SC/012621 2 Invoice CLOTHING ALLOWANCE 12/30/2020 01/26/2021 150.00 1220 605.56.09.30.5228
Total SCHABER,RICHARD:300.00
SCHMIT TRUST, BRIAN & SUSAN
2195027/01262 1 Invoice TAX REFUND/11 12/29/2020 01/26/2021 730.35 1220 501.00.00.00.2120
Total SCHMIT TRUST, BRIAN & SUSAN:730.35
SECURIAN FINANCIAL GROUP, INC.
002832L/01262 1 Invoice FEB 2021 PREMIUMS 01/07/2021 01/26/2021 2,700.11 121 100.00.00.00.1601
Total SECURIAN FINANCIAL GROUP, INC.:2,700.11
SERFORT, CARL & CYNTHIA
2209934004/01 1 Invoice TAX REFUND/13 12/31/2020 01/26/2021 3.00 1220 501.00.00.00.2120
Total SERFORT, CARL & CYNTHIA:3.00
SHEAHAN, JASON & ANGELA
2201029/01262 1 Invoice TAX REFUND/10 12/28/2020 01/26/2021 199.44 1220 501.00.00.00.2120
Total SHEAHAN, JASON & ANGELA:199.44
SIRCHIE FINGER PRINT LAB
0476706-IN 1 Invoice NARCO POUCHES 01/14/2021 01/26/2021 94.50 121 100.02.20.01.5722
Total SIRCHIE FINGER PRINT LAB:94.50
SOMAR TEK LLC/ ENTERPRISES
102157 1 Invoice NAME TAGS 01/06/2021 01/26/2021 76.80 121 100.02.20.01.5151
102166 1 Invoice SUNDSTROM UNIFORM 01/11/2021 01/26/2021 27.90 121 100.02.20.01.5151
Total SOMAR TEK LLC/ ENTERPRISES:104.70
SPECTRUM
063003301123 1 Invoice 12/29/20-01/28/20 BUSINESS INTE 12/30/2020 01/26/2021 99.98 121 100.05.71.00.5505
723336001010 1 Invoice PARKS CONNECTION 01/07/2021 01/26/2021 105.45 121 100.04.51.11.5820
Total SPECTRUM:205.43
SPERKA, STEVEN & LISA
SP/012621 1 Invoice REIMBURSE LML FEES 01/26/2021 01/26/2021 76.45 1220 100.01.06.00.4601
137
CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 14
Report dates: 1/13/2021-1/26/2021 Jan 22, 2021 10:10AM
Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number
Total SPERKA, STEVEN & LISA:76.45
SPRINGER, KIRK & MARY WILBERG
2188995010/01 1 Invoice TAX REFUND/15 01/07/2021 01/26/2021 940.61 121 501.00.00.00.2120
Total SPRINGER, KIRK & MARY WILBERG:940.61
STASZAK, RYAN
2215990 1 Invoice LOTTERY REFUND 01/05/2021 01/26/2021 140.80 121 501.00.00.00.1201
Total STASZAK, RYAN:140.80
STEMPNIEWSKI, MATTHEW & AMY
2241031/01262 1 Invoice TAX REFUND/10 12/28/2020 01/26/2021 1,696.17 1220 501.00.00.00.2120
Total STEMPNIEWSKI, MATTHEW & AMY:1,696.17
STREICHER'S
1473840 1 Invoice K9 SQUAD EQUIPMENT 12/30/2020 01/26/2021 560.00 1220 410.08.91.20.6501
Total STREICHER'S:560.00
SUBEL,GREGORY & GINA
2295996003/01 1 Invoice TAX REFUND/11 12/29/2020 01/26/2021 18.22 1220 501.00.00.00.2120
Total SUBEL,GREGORY & GINA:18.22
TESS CORNERS VOL FIRE DEPT
TCFD 012621 1 Invoice TCFD 2020 4TH QTR CONTRACT P 01/11/2021 01/26/2021 124,513.00 121 100.02.21.00.5850
Total TESS CORNERS VOL FIRE DEPT:124,513.00
THE MASTER'S TOUCH LLC
71842 1 Invoice 2020 TAX BILL MAILING 12/16/2020 01/26/2021 1,547.61 121 100.01.03.00.5801
Total THE MASTER'S TOUCH LLC:1,547.61
THE VIEW
2198984020 1 Invoice DUPLICATE PD 3RD QTR UTILITIE 01/12/2021 01/26/2021 57.21 121 001.00.00.00.1005
Total THE VIEW:57.21
TITLE 365
2225042/01262 1 Invoice TAX REFUND/15 01/07/2021 01/26/2021 1,380.77 121 501.00.00.00.2120
Total TITLE 365:1,380.77
TOBIN, RICKY & CORINNE
2200034/01262 1 Invoice TAX REFUND/12 12/30/2020 01/26/2021 19.30 1220 501.00.00.00.2120
Total TOBIN, RICKY & CORINNE:19.30
TOMICH, DRAGANA
2228013001/01 1 Invoice TAX REFUND/12 12/30/2020 01/26/2021 490.57 1220 501.00.00.00.2120
Total TOMICH, DRAGANA:490.57
138
CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 15
Report dates: 1/13/2021-1/26/2021 Jan 22, 2021 10:10AM
Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number
TOWN OF NORWAY
TO/012621 1 Invoice 4TH QTR GALLONAGE 01/04/2021 01/26/2021 44,996.09 120 601.61.61.10.6068
Total TOWN OF NORWAY:44,996.09
TYLER TECHNOLOGIES, INC
060-11920 1 Invoice 2020 SCHEDULE A 12/10/2020 01/26/2021 6,839.58 1220 100.01.04.00.5503
Total TYLER TECHNOLOGIES, INC:6,839.58
U.S. CELLULAR
0414304916 4 Invoice MONTHLY CHARGE- FINANCE 12/28/2020 01/26/2021 30.00 1220 100.01.03.00.5601
0414304916 8 Invoice MONTHLY CHARGE- COM DEV 12/28/2020 01/26/2021 20.00 1220 100.06.18.01.5601
0414304916 2 Invoice MONTHLY CHARGE- SEWER SCA 12/28/2020 01/26/2021 142.75 1220 601.61.63.42.5606
0414304916 6 Invoice MONTHLY CHARGE- REC 12/28/2020 01/26/2021 10.00 1220 100.05.72.10.5601
0414304916 1 Invoice MONTHLY CHARGE- WATER SCA 12/28/2020 01/26/2021 142.75 1220 605.56.09.21.5607
0414304916 5 Invoice MONTHLY CHARGE-DPW 12/28/2020 01/26/2021 365.00 1220 100.04.51.01.5605
0414304916 9 Invoice MONTHLY CHARGE -LIBRARY 12/28/2020 01/26/2021 20.00 1220 100.05.71.00.5602
0414304916 3 Invoice MONTHLY CHARGE-IS 12/28/2020 01/26/2021 40.00 1220 100.04.19.00.5601
0414304916 7 Invoice MONTHLY CHARGE- POLICE 12/28/2020 01/26/2021 3,112.22 1220 100.02.20.01.5604
Total U.S. CELLULAR:3,882.72
UNEMPLOYMENT INSURANCE
10547018 1 Invoice BENEFIT CHARGES 12/1 - 12/12/20 12/12/2020 01/26/2021 298.19 121 100.01.06.00.6020
Total UNEMPLOYMENT INSURANCE:298.19
VAN METER, WILLIAM & LORI
2179055/01262 1 Invoice TAX REFUND/12 12/30/2020 01/26/2021 23.42 1220 501.00.00.00.2120
Total VAN METER, WILLIAM & LORI:23.42
WARRIOR WASH, LLC
WA012621 1 Invoice SQUAD CAR WASHES 01/01/2021 01/26/2021 104.00 1220 100.02.20.01.5405
Total WARRIOR WASH, LLC:104.00
WAUKESHA COUNTY CLERK
CMUSKEGO20 1 Invoice 2020 DOG LICENSE FEES 01/04/2021 01/26/2021 4,187.75 1220 100.01.02.00.4307
Total WAUKESHA COUNTY CLERK:4,187.75
WAUKESHA COUNTY TREASURER
2021-2401002 1 Invoice RADIO INFRASTRUCTURE NOTE 01/06/2021 01/26/2021 9,510.00 1220 301.07.85.00.7008
2021-2401002 2 Invoice TR OP COST 01/06/2021 01/26/2021 17,170.00 1220 100.02.22.00.6023
MSKCC136 1 Invoice 2019 PROPERTY TAX PYMT 11/04/2021 01/26/2021 76.60 121 100.00.00.00.1601
Total WAUKESHA COUNTY TREASURER:26,756.60
WE ENERGIES
0000-020-351/1 Invoice GAS/ELECTRIC FOR PUMPS/WEL 01/04/2021 01/26/2021 7,859.34 1220 605.52.06.22.5910
3665-286-012/1 Invoice STREET LIGHTING 01/07/2021 01/26/2021 6,772.98 1220 100.04.51.06.5910
3836-104-158/1 Invoice L/S GROUP 11/20-12/20 01/06/2021 01/26/2021 2,210.71 1220 601.61.61.20.5910
5499-564-961/1 Invoice LIBRARY 01/05/2021 01/26/2021 6,130.75 1220 100.01.09.00.5910
5499-564-961/3 Invoice AREA LIGHTING 01/05/2021 01/26/2021 125.73 1220 100.04.51.11.5910
5499-564-961/2 Invoice HISTORIC TOWN HALL 01/05/2021 01/26/2021 412.40 1220 100.05.72.03.5910
5806-757-741/1 Invoice PARKS 01/06/2021 01/26/2021 971.95 1220 100.04.51.11.5910
139
CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 16
Report dates: 1/13/2021-1/26/2021 Jan 22, 2021 10:10AM
Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number
7898-292-528/1 Invoice SIRENS - 2020 01/07/2021 01/26/2021 425.47 1220 100.02.22.00.5910
Total WE ENERGIES:24,909.33
WEBER, CARL & ERIKA
2287023011/01 1 Invoice TAX REFUND/15 01/07/2021 01/26/2021 30.81 121 501.00.00.00.2120
Total WEBER, CARL & ERIKA:30.81
WEIGOLD, KIM
2189120/01262 1 Invoice TAX REFUND/12 12/30/2020 01/26/2021 2,741.07 1220 501.00.00.00.2120
Total WEIGOLD, KIM:2,741.07
WEISS, MICHAEL
2192978048/01 1 Invoice TAX REFUND/12 12/30/2020 01/26/2021 1,373.78 1220 501.00.00.00.2120
Total WEISS, MICHAEL:1,373.78
WELDERS SUPPLY COMPANY
10185033 1 Invoice MONTHLY ACETYLENE 12/31/2020 01/26/2021 6.65 1220 100.04.51.07.5405
Total WELDERS SUPPLY COMPANY:6.65
WGFOA
WG/012621 1 Invoice MEMBER DUES 2021 01/11/2021 01/26/2021 25.00 121 100.01.03.00.5305
Total WGFOA:25.00
WIESNER, LAWRENCE & KATINA
2195989/01262 1 Invoice TAX REFUND/11 12/29/2020 01/26/2021 5,590.66 1220 501.00.00.00.2120
Total WIESNER, LAWRENCE & KATINA:5,590.66
WILLOW GLEN COMMUNITIES LLC
2223998007/01 1 Invoice TAX REFUND/11 12/29/2020 01/26/2021 4,978.03 1220 501.00.00.00.2120
Total WILLOW GLEN COMMUNITIES LLC:4,978.03
WIND LAKE AUTO PARTS
1975/012621 1 Invoice VEHICLE MAINT 12/31/2020 01/26/2021 323.69 1220 100.04.51.07.5405
1975/012621 2 Invoice PARKS MAINT 12/31/2020 01/26/2021 16.98 1220 100.04.51.11.5405
Total WIND LAKE AUTO PARTS:340.67
WIS MUNC CLERKS ASSC. (WMCA)
WM012621 1 Invoice COURT CLERK DUES 01/15/2021 01/26/2021 45.00 121 100.01.08.00.5303
Total WIS MUNC CLERKS ASSC. (WMCA):45.00
WMCA
WM/012621-S 1 Invoice MEMBER RENEWAL-SHARON 01/11/2021 01/26/2021 65.00 121 100.01.03.00.5305
WM012621 1 Invoice MEMBERSHIP RENEWAL 01/06/2021 01/26/2021 65.00 121 100.01.03.00.5305
Total WMCA:130.00
WORTHINGTON DIRECT
362720MUS20 1 Invoice INNOVATION GRANT - YA AV PRES 11/12/2020 01/26/2021 1,556.00 1220 100.05.71.00.5740
140
CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 17
Report dates: 1/13/2021-1/26/2021 Jan 22, 2021 10:10AM
Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number
362720MUS20 2 Invoice YA AV PRESENTATION CART (SHI 11/12/2020 01/26/2021 63.67 1220 100.05.71.00.5401
Total WORTHINGTON DIRECT:1,619.67
ZALEWSKI, GREGORY & BARBARA
2208091/01262 1 Invoice TAX REFUND/11 12/29/2020 01/26/2021 7.61 1220 501.00.00.00.2120
Total ZALEWSKI, GREGORY & BARBARA:7.61
Grand Totals: 5,024,880.08
Report Criteria:
Detail report.
Invoices with totals above $0 included.
Paid and unpaid invoices included.
[Report].Description = {<>} "1099 adjustment"
Invoice Detail.Type = {>} "adjustments"
141