Village Board

AGENDA R PLACE: EGULAR BOARD MEETING Little Chute Village Hall DATE: Wednesday, November 7, 2018 TIME: 6:00 p.m. REGULAR ORDER OF BUSINESS A. Invocation B. Pledge of Allegiance to the Flag C. Roll call of Trustees D. Roll call of Officers and Department Heads E. Public Appearance for Items Not on the Agenda F. Approval of Minutes Minutes of the Regular Board Meeting of October 17, 2018 G. Public Hearing—Zoning Request for Kelly Street H. Action—Adopt Ordinance No. 13, Series 2018 Kelly Street Zoning Request I. Department and Officers Progress Reports J. Discussion—2019 Budget Workshop K. Discussion—Fox River Boardwalk Intergovernmental Agreement L. Discussion/Action—Fox River Boardwalk Final Design and Permitting M. Action—Approve Development Agreement with Faith Technologies, Inc. N. Disbursement List O. Call for Unfinished Business P. Items for Future Agendas Q. Closed Sessions: a) 19.85(1)(e) Wis. Stats. Deliberations or negotiations on the purchase of public properties, investing of public funds or conducting other specific public business when competitive or bargaining reasons require a closed session. Economic Development  b) b)19.85(1)(c) Consideration of Employment, Promotion, or Performance Evaluation Data of any Public Employee of the Village of Little Chute. Personnel Related Matter R. Adjournment Requests from persons with disabilities who need assistance to participate in this meeting or hearing should be made with as much advance notice as possible to the Clerk’s Office at 108 West Main Street, (920) 423-3852, email: Laurie@littlechutewi.org Prepared: November 2, 2018  MINUTES OF THE REGULAR BOARD MEETING OF OCTOBER 17, 2018 Call to Order: President Vanden Berg called the Regular Board Meeting to Order at 6:00 p.m. Pledge of Allegiance to the Flag President Vanden Berg led members in the reciting of the Pledge of Allegiance. Roll call of Trustees PRESENT: Michael Vanden Berg, President David Peterson, Trustee Larry Van Lankvelt, Trustee James Hietpas, Trustee John Elrick, Trustee Skip Smith, Trustee Bill Peerenboom, Trustee Roll call of Officers and Department Heads PRESENT: James Fenlon, Village Administrator Valerie Clarizio, Finance Director Adam Breest, Director of Parks, Recreation and Forestry Kent Taylor, Director of Public Works Laurie Decker, Village Clerk Tyler Claringbole, Village Attorney Lieutenant Wery, Fox Valley Metro Police Department Chris Murawski, Engineer Jim Moes, Community Development Director Interested Citizens EXCUSED: Steve Thiry, Library Director Public Appearance for Items Not on the Agenda None Other Informational Items—September Fire Monthly Report and September Report Approval of Minutes Minutes of the Committee of the Whole Meeting of October 10, 2018 Moved by Trustee Van Lankvelt, seconded by Trustee Peterson to Approve the Committee of the Whole Meeting Minutes of October 10, 2018 Ayes 7, Nays 0 – Motion Carried Public Hearing—Little Chute North Estates Rezoning Moved by Trustee Van Lankvelt, seconded by Trustee Peerenboom to Enter Public Hearing Ayes 7, Nays 0 – Motion Carried Director Moes advised the Board that the Little Chute North Estates Rezoning has been approved by the Plan Commission Moved by Trustee Smith, seconded by Trustee Peerenboom to Exit Public Hearing Ayes 7, Nays 0 – Motion Carried Action—Adopt Ordinance No. 12, Series 2018 Amending Chapter 44, Municipal Code of the Village of Little Chute and the Official Zoning Map Moved by Trustee Peerenboom, seconded by Trustee Elrick to Adopt Ordinance No. 12, Series 2018 Amending Chapter 44, Municipal Code of the Village of Little Chute and the Official Zoning Map Ayes 7, Nays 0 – Motion Carried Discussion/Presentation—Budget Workshop #2 Administrator Fenlon advised that Director Taylor and Director Clarizio will provide an overview of storm, water and sewer budgets and Director Clarizio will provide information on the TID budgets. Administrator Fenlon also let the board know that this budget was presented at the October 16th Utility Commission Meeting Action—Approve Special Event Permits for Little Free Pantry Brat Fry and Christmas Parade Moved by Trustee Smith, seconded by Trustee Elrick to Approve Special Event Permits for Little Free Pantry Brat Fry and Christmas Parade Ayes 7, Nays 0 – Motion Carried Operator License Approvals Grabowski, Frank Pop In Again Little Chute Guyette, Kari Gentleman Jacks Little Chute Reinke, Shelly Gentleman Jacks Appleton Roskom, Melanie Ladder House Menasha Trueblood, Emma Seth’s Coffee Appleton Moved by Trustee Smith, seconded by Trustee Peterson to Approve the Operator Licenses as presented Ayes 7, Nays 0 – Motion Carried Department and Officers Progress Reports Departments and Officers provided progress reports to the Board Commission/Committee Appointments President Vanden Berg nominated Adam Breest to be the Municipal Appointee to the Sports Facility Advisory Committee. Moved by Trustee Elrick, seconded by Trustee Peterson to Approve the appointment of Adam Breest to the Sports Facility Advisory Committee. Ayes 7, Nays 0 – Motion Carried Discussion/Action—Adopt Resolution No. 33, Series 2018 Authorizing the Purchase of Land from Kenneth and Jean Rahmlow Moved by Trustee Elrick, seconded by Trustee Peerenboom to Approve Resolution No. 33, Series 2018 Authorizing the Purchase of Land from Kenneth and Jean Rahmlow Ayes 7, Nays 0 – Motion Carried Disbursement List Moved by Trustee Peerenboom, seconded by Trustee Elrick to Approve the Disbursement List and Authorize the Finance Director to pay all vendors Ayes 7, Nays 0 – Motion Carried Call for Unfinished Business Public Hearing November 7, 2018 Rezoning Hearing Items for Future Agendas Deer Culling Closed Session: 19.85(1)(e) Wis. Stats. Deliberations or negotiations on the purchase of public properties, investing of public funds or conducting other specific public business when competitive or bargaining reasons require a closed session. Development Agreement and Development Presentation Moved by Trustee Elrick, seconded by Trustee Smith to Enter into Closed Session Ayes 7, Nays 0 – Motion Carried Return to Open Session Moved by Trustee Smith, seconded by Trustee Elrick to Exit Closed Session Ayes 7, Nays 0 – Motion Carried Adjournment Moved by Trustee Smith, seconded by Trustee Elrick to Adjourn the Regular Board Meeting at 7:47 p.m. Ayes 7, Nays 0 - Motion Carried VILLAGE OF LITTLE CHUTE By: ___________________________________ Attest: Michael R. Vanden Berg, Village President Laurie Decker, Village Clerk  VILLAGE OF LITTLE CHUTE ORDINANCE NO. 13, SERIES OF 2018 AN ORDINANCE AMENDING CHAPTER 44, MUNICIPAL CODE OF THE VILLAGE OF LITTLE CHUTE AND THE OFFICIAL ZONING MAP, WHICH IS A PART THEREOF, BY MAKING THE FOLLOWING CHANGES IN THE DISTRICT AS NOW PROVIDED. WHEREAS, a request for rezoning to the Village Board of Trustees, Village of Little Chute and has been referred to the Village of Little Chute Plan Commission for said Commission's recommendation; and, WHEREAS, the Village of Little Chute Plan Commission has recommended the following actions; and WHEREAS, the Village Board of Trustees finds the following actions to be consistent with overall intent of the adopted guidelines within the Village Comprehensive Plan’s goals, objectives, policies and recommendations; and WHEREAS, the required public hearing regarding the rezoning has been held before the Village Board of Trustees, NOW, THEREFORE, the Village Board of Trustees, Village of Little Chute, do ordain as follows: Section 1. That the Zoning Ordinance, Chapter 44 Zoning, Municipal Code of the Village of Little Chute, and the official zoning map which is a part thereof, is hereby amended, by making the following changes: (1) The following described property shall now be officially zoned as CH Commercial Highway; KELLY STREET SUBDIVISION LOT 5. Section 2. That this Ordinance shall be in full force and effect from and after its passage as provided by law, and upon its passage, the Village Zoning Administrator is authorized and directed to make the necessary changes to the official zoning map of the Village of Little Chute, all in accordance with this Ordinance. Section 3. Recorded Vote. ____ For ____ Against Date introduced, approved and adopted: November 7th, 2018 VILLAGE OF LITTLE CHUTE By _____________________________________ Michael R. Vanden Berg, Village President By _____________________________________ Laurie Decker, Village Clerk  Village of Little Chute REQUEST FOR VILLAGE BOARD CONSIDERATION ITEM DESCRIPTION: 2019 Budget Workshop #3 PREPARED BY: James P. Fenlon, Administrator REPORT DATE: November 2, 2018 ADMINISTRATOR'S REVIEW/COMMENTS: ( See Below ) EXPLANATION: Presented and attached to this document are the budget summaries for the 2019 budget (Tax levy support for each of these accounts is noted in parentheses): • Debt Service Budget - ($1,336,574) This is an increase from 2018 of $481,181 • Public Safety – Fire Operations – This budget is currently presented specifically as department request ($300,972) • Capital Projects Budget ($464,464)  Fleet Revolving - ($22,000) 2019 will be the last payment from the landfill in the amount of $54k.  Facilities and Equipment – ($61,750)  TID #4, #5, #6, #7, #8 (No general tax levy other than TID levy dollars)  Park Improvements - ($33,000) It will be Department and Administration intention to grow levy support of this account to approximately $75,000 annually over the next two to three years.  Construction – Major Fund – ($347,714) It would be Administration’s intention to increase the levy amount in this fund to cover personal services, smaller capital projects and create capacity in future budgets to reduce overall bonding. • Special Revenue Funds ($2,512,897)  Sanitation Service (not supported by tax levy)  Flagpole & Statue Memorial - ($75,000) this is the account for fire apparatus replacement which will have a 2019 balance of approximately $260k.  Aquatics – ($116,994) this is the “true” cost to operate the pool, now fully budgeted versus utilizing fund balance at the end of the year to balance.  Library/Civic Center – ($408,053)  FVMPD ($1,912,850)  Van Lieshout Activity Center (not supported by tax levy)  Promotional Fund (not supported by tax levy)  Community Development Grants (not supported by tax levy)  Small Business Micro Loan Program (not supported by tax levy)  Façade Renovation Loan Program (not supported by tax levy) Staff will provide an overview of the aforementioned accounts. Following the discussion, staff will provide a review of changes to departmental requests. These changes or amendments will be outlined in a presentation and via updated summaries previously presented. Those documents will be provided to staff, board and public ahead of the meeting next Wednesday, November 7th. RECOMMENDATION: Provided for information/presentation with no action at this time. C:\Documents and Settings\jfenlon\Desktop\Village Board and Notes\IFCs 11/2/2018 12:30:53 PM  Village of Little Chute REQUEST FOR VILLAGE BOARD CONSIDERATION ITEM DESCRIPTION: Fox River Boardwalk Joint Presentation & Discussion PREPARED BY: Adam Breest, Parks, Recreation, & Forestry Director REPORT DATE: October 30, 2018 ADMINISTRATOR'S REVIEW/COMMENTS: No additional comments to this report: ______________________________ See additional comments attached: _________________________________ EXPLANATION: Since 2016 the Village of Little Chute and City of Kaukauna have been working together on the Fox River Boardwalk planning in good faith. As the project becomes more of a realty staff feel it is now time to enter into an intergovernmental agreement with the City of Kaukauna. I have provided a draft agreement for discussion. ATTACHMENTS: Draft Intergovernmental Agreement for the Fox River Boardwalk. RECOMMENDATION: Discussion Fox River Boardwalk Intergovernmental Agreement  AGREEMENT This Agreement is between the Village of Little Chute (herein “Village”) and City of Kaukauna (herein “City”). The Village and City may be referred to herein individually as “party” or collectively as “parties”. Background Recitals WHEREAS, the Village and City are entering into this Agreement as an Intergovernmental Agreement authorized by § 66.0301 Wisconsin Statutes; and WHEREAS, the purpose of the Agreement is to establish terms and conditions for the joint ownership, construction, and maintenance of a multi-modal pedestrian bridge (herein “Bridge”) to cross the Fox River and connect the Village trail system with the City trail system; and WHEREAS, the parties anticipate receiving a substantial portion of the initial construction cost in the form of grant funds and to fund the balance of initial construction cost, and future maintenance cost, from their respective municipal budgets; NOW, THEREFORE, the parties agree to the following terms and conditions: 1. Grant Funds. The parties anticipate receiving grant funds from Fox Cities Greenways, 501(c)(3) entity for a minimum of 80% of the total design and construction cost of the Bridge, and possibly other grant or charitable sources, but if a minimum of 80% of the costs are not received by the parties in this manner, the Termination provision in paragraph 8 below shall apply. 2. Grant Fund Segregated Accounts. All grants and contributions received for purposes of the Bridge shall be deposited in one or more segregated accounts to be exclusively used for the Bridge by the Village and City in accordance with the terms of this Agreement unless this Agreement is terminated as set forth below in paragraph 8. All grant funds received for this purpose are deemed jointly owned by the Village and City regardless of which segregated account the funds are maintained in. 3. Budgeting for Construction. The City and Village will each budget and pay for up to a maximum of 10% each for the total design and construction cost of the Bridge based upon the condition that at least 80% of such design and construction cost are received by grants or other contributions. 4. Joint Ownership. The Bridge will be jointly owned equally by the Village and City, an undivided 50% each, as tenants in common. 5. Kaukauna/Fiscal Agent. In recognition that bond financing is a probable requirement for the economic feasibility of the Bridge project, it is agreed that City of Kaukauna  will act as the fiscal agent for all reasonable and necessary purposes associated with bond financing, and statutory compliance therewith. 6. Maintenance Decisions. All decisions with regard to the maintenance, repair, or replacement of the Bridge or its components (“Work”), including but not limited to the nature, scope, timing, and cost of such Work shall be determined by mutual agreement between the Village and City. If such repairs are necessary and the City and Village cannot agree on the necessary details to perform the Work, the matters in issue will be submitted to GRAEF Engineering (GRAEF-USA Inc.), Green Bay, Wisconsin, whose decision shall be deemed a final arbitrated decision binding on both parties. 7. Maintenance and Repair Costs / Annual Budgeting. All costs for repair, maintenance, and/or replacement associated with the Bridge for labor and materials shall be shared and paid for equally by both the Village and City at 50% each. The Village and City each agree that they will annually budget $1,000 for purposes of Bridge maintenance and repairs as part of their annual budgeting process for purposes of covering either current or future maintenance and repair costs which budgeted funds shall be maintained in segregated accounts and used solely for purposes of this Agreement. If these budgeted funds or reserves are insufficient the municipalities agree to increase their budgets as necessary. 8. Repair and Maintenance Contracts. Any contracts with third party contractors for maintenance or repair of the Bridge shall be entered into jointly by the Village and the City with such third party contractors, unless the parties agree to alternative arrangements for purposes of expediency or their mutual convenience on a case by case basis. 9. Termination. If the parties are unable to receive sufficient grant funds for at least 80% of the design and construction cost of the Bridge, this Agreement shall be terminated. However, the grant funds will be retained in one or more segregated accounts for 12 months to determine if alternative mutually acceptable financial arrangements can be made to proceed with Bridge construction pursuant to a mutually agreed amendment to this Agreement. If no such arrangements and corresponding amendment can be made, then the grant funds shall be divided equally between the Village and City and used for such other lawful purposes as determined in the independent discretion of each party. 10. Amendments. This Agreement may be amended in writing at any time upon mutual written agreement between the Village and City. 11. Complete Agreement. This constitutes the complete agreement between the parties and there have been no other oral representations, warranties, or agreements upon which either party has relied, unless in writing and signed by the party to be bound. 12. Persons Bound. This Agreement is binding on the parties hereto and their respective heirs, successors, and assigns. 13. Signatures. Copy signatures transmitted by fax, email or other electronic transmission and counterpart signature pages are deemed as binding and valid as originals for purposes of this document. Dated this _______ day of October, 2018. VILLAGE OF LITTLE CHUTE BY: ___________________________________ Michael Vanden Berg, Village President BY: ___________________________________ James Fenlon, Village Administrator CITY OF KAUKAUNA By: ___________________________________ Tony Penterman, Mayor By: ___________________________________ City Clerk  Village of Little Chute REQUEST FOR VILLAGE BOARD CONSIDERATION ITEM DESCRIPTION: Fox River Boardwalk Joint Presentation & Discussion PREPARED BY: Adam Breest, Parks, Recreation, & Forestry Director REPORT DATE: October 30, 2018 ADMINISTRATOR'S REVIEW/COMMENTS: No additional comments to this report: ______________________________ See additional comments attached: _________________________________ EXPLANATION: In 2018, the Village and City of have been working to secure grants and donations for the proposed Fox River Boardwalk project. In 2018 the Village and City have secured the following committed funds. • 10% Village of Little Chute - $330,000 • 10% City of Kaukauna - $330,000 • The Great Wisconsin Cheese Festival - $20,000 • Nelson Family Community Foundation - $650,000 • Outagamie County ATC Fund - $600,000 • Elmer and Grace Hoffman - $85,000 • Stewardship RTP - $14,182.72 • Stewardship Regional - $483,274 • Stewardship Urban Rivers - $89,438 • Stewardship National Park Service - $483,072 TOTAL - $3,080,541.92 We will also be submitting a grant request to the FCCVB and Fox Cities Greenways Inc. We hope that between these two grants we can achieve our fundraising goal by the end of 2018. The private donation from Little Chute residents Elmer and Grace Hoffman wanted to share the following information “Dr. Elmer (Doc) Hoffman was a Marquette Dental School graduate and practiced dentistry in Little Chute for 41 years spanning 1945-1986. Grace (Hammen) Hoffman was born and raised in Little Chute and was married to Doc for 48 years until his passing in 1997. They gratefully enjoyed many of their wedded years in a home at the edge of Heesakker Park. This gift is an expression of gratitude to the good people of Little Chute and Fox Valley for their cherished friendship and support of Doc's practice for so many years.” 2019 is our target year to break ground on this project. Through the previous investigation work that we have performed with GRAEF we adjusted the estimates to reflect the railroad, river and soil conditions, current construction costs, and the added site work. The estimated project cost at this point is $3,277,876. The next step we would like to take at this time is to enter into a contract to complete preliminary design, design development, and final design on the boardwalk. This phase would include all aspects of the final planning up until submitting documents for bidding. This final step will also include an updated estimate for the project. We would like to begin this work immediately so we can try to stay on schedule and bid out the project in late February/early March. We will not enter into an agreement with GRAEF for bidding and construction services until final agreements with the state grant program have been completed in 2019. In the 2018 budget, the Village and the City each allocated $50,000 ($100,000 total) for final engineering and permitting. At this time, we are asking the Village Board and City Council to approve preliminary design, design development, final design, and reimbursables in the amount of $82,750. ATTACHMENTS: Current alignment and layout and GRAEF proposal for professional services. RECOMMENDATION: Discussion/Action Fox River Boardwalk final design and permitting  1150 Springhurst Drive, Suite 201 Green Bay, WI 54304-5950 920 / 592 9440 920 / 592 9445 fax www.graef-usa.com May 30, 2018 Mr. Adam Breest Parks, Recreation, and Forestry Director Village of Little Chute 108 W. Main St. Little Chute, WI 54140 Subject: Fox River Boardwalk Bridge Detailed Design Proposal for Professional Services Dear Adam: Per your request, Graef-USA Inc. (GRAEF) is pleased to provide this proposal for services to the Village of Little Chute (Client). An executed copy of this proposal will become our Agreement. This proposal is for professional services for the Fox River Boardwalk Bridge – Detailed Design (Project). This proposal is subject to GRAEF’s Standard Terms and Conditions, a copy of which is attached and incorporated by reference. It is our understanding that the nature of the Project is the detailed design of a multi-modal boardwalk bridge crossing of the Fox River from the Village of Little Chute to the City of Kaukauna. Bidding services and limited construction services are also included. The location of the crossing is from the Heritage Parkway Trail in Little Chute to the former railroad right-of-way owned by the City of Kaukauna on the south side of the river. For this Project, GRAEF proposes to provide the following Basic Services: PRELIMINARY DESIGN Structural • Continued coordination with Geotechnical Engineer during detailed design and final bridge pier type determination. We anticipate design of both a CIP pile supported pier and spread footing pier and alternate bids for each type of pier. • Confirm required loadings – ice load on piers, truck load on superstructure, etc. • Perform preliminary design for selected foundations, piers, and bridge superstructure, based on data obtained from the geotechnical investigation. • Confirm decking and railing options and effect on superstructure with Client. • Participate in one meeting with Client/Contractor to discuss the preliminary design • Update the Engineer’s Estimate of Probable Construction Costs for the bridge. Civil Engineering • Participate in Kickoff Meeting to review the project scope and objectives, confirm schedule, and define overall budget and goals. 0000-5020  • Review existing data related to the project, including topographic survey, soils report, environmental studies, and river data. • Coordinate with structural engineer for structure type, pier spacing, superstructure depth, etc. • Meet with the WDNR and US Army Corp of Engineers to confirm permitting requirements for design and construction methods, prior to permit submittal. • Finalize alignments for bridge and connection/landing points. • Finalize bridge/trail alignment plan • Develop erosion control plan for structure construction to be included in permitting documentation. • Participate in one meeting with Client/Contractor to discuss preliminary design. Landscape • Provide one site visit to gain understanding of existing conditions and photo- document. • Prepare a rendered schematic landscape plan at one trail connection and to show each approach/landing area at the structure. • Prepare preliminary opinion of cost for landscape improvements. • Prepare and assist in submittal package to Village Engineering Department. • Attend 30% design/engineering review meeting via teleconference. Electrical • Review schematic layout and lighting requirements. • Design electrical connection to new panel at trail intersection with existing trail. • Determine schematic lighting layout. • Update the Engineer’s Estimate of Probable Construction Costs for the bridge. DESIGN DEVELOPMENT Structural • Refine pile and pier design. • Refine superstructure framing and railing design. • Develop structural details. • Develop preliminary technical specifications for the work. • Update the Engineer’s Estimate of Probable Construction Costs for the bridge. Civil Engineering • Finalize HEC-RAS model to reflect actual conditions at proposed crossing using survey data and final bridge design configuration. • Complete permit application forms and submittal documents (WDNR and USACOE) • Submit permit packages to the DNR and USACOE • During permit review, coordinate with DNR/USACOE staff and provide additional information as requested. One (1) meeting with WDNR/USACOE staff is included. • Prepare detailed design plans based on approved preliminary design to generally include the following sheets: Mr. Adam Breest -2- 5/30/18 0000-5020  o Topographic Survey o Erosion and Sediment Control Plan o Site Demolition Plan o Site Layout and Utility Plan o Site Grading and Drainage Plan o Site Paving Plan o Site Construction Details • Prepare preliminary technical specifications to include front end and civil related technical sections. • Update opinion of cost for site improvements based on latest plans. • Prepare 60% submittal package to the Village. • Attend 60% design/engineering review meeting via teleconference. Landscape • Prepare preliminary design plans based upon approved preliminary design to generally include the following sheets: o Planting plans and details o Site amenity plans (includes benches and trash/recycling receptacles) • Prepare preliminary technical specification sections for landscape related items. • Update opinion of cost for landscape improvements based on latest plans. • Prepare and assist in 60% submittal package to the Village. • Attend 60% design/engineering review meeting via teleconference. FINAL DESIGN Structural • Finalize structure design and details. • Finalize specifications for inclusion in project manual. • Respond to review comments and finalize bid ready plans and specifications. • Submit final plans and bidding documents. Civil Engineering • Prepare construction drawings construction documents to include the same plan sheets as identified for design development phase. • Prepare final Project Manual including all necessary specification sections. • Participate in design coordination meeting with the owner. We have assumed two (2) meetings in Little Chute for this phase of the project. • Revise plans and specifications based on review comments. • Prepare and submit a Notice of Intent to Discharge Storm Water During Construction (NOI) to the Wisconsin Department of Natural Resources. • Submit plans and other documentation to the Village of Little Chute for Site Plan Review. • Prepare Final Engineer’s Opinion of Probable Construction Cost. Mr. Adam Breest -3- 5/30/18 0000-5020  Landscape • Prepare construction documents to include the same plan sheets as identified for design development phase. • Prepare construction details for site furnishings. • Prepare final technical specifications in CSI format for inclusion in project manual assembled by others. • Prepare final opinion of cost for landscape improvements based on final plan documentation. • Prepare and assist in 90% submittal package to Village. • Respond to review comments and finalize bid-ready plans and specifications. • Submit final plans and bidding documents. • Attend 90% design/engineering review meeting via teleconference. Electrical • Prepare construction documents based upon approved preliminary design • Prepare final technical specifications in CSI format for inclusion in project manual. • Prepare final opinion of cost for electrical improvements based on final plan documentation. • Prepare and assist in 90% submittal package to Village. • Respond to review comments and finalize bid ready plans and specifications. • Submit final plans and bidding documents. BIDDING SERVICES • Prepare and have published Advertisement for Bids • Facilitate one (1) Pre-Bid Meeting • Respond to contractor inquiries during bidding • Issue Addenda (2 assumed) • Plan distribution coordination (by QuestCDN) • Attend Bid Opening • Prepare bid tabulation • Prepare written recommendation of award. CONSTRUCTION SERVICES Structural • Participate in a pre-construction meeting with the selected contractor. • Respond to Contractor inquiries during construction • Review shop drawings for structural elements. • Perform three site visits during construction: o 50 percent complete. Provide brief written field report. o 100 percent complete. Provide punch list report. o Punch List verification. Provide brief written field report. Civil Engineering Mr. Adam Breest -4- 5/30/18 0000-5020  • Overall Construction Administration. We are budgeting 2 hours per week for the noted anticipated construction duration. Total of 48 hours. • Participate in a pre-construction meeting with the selected Contractor. • Prepare Construction Bulletins for modified elements of design. Four (4) CB’s maximum are included. • Respond to Contractor inquiries/RFI’s during construction. • Review shop drawings for Civil related elements. • Review and comment and Payment Applications. Submit to Owner for Processing. • Review and prepare necessary Contract Change Orders. Submit to Owner for Processing. • Perform two site visit per week for the noted anticipated construction duration. Total of 192 hours. • Perform one (1) punch list verification visit and provide punch list. • We anticipate a 6-month construction timeframe. Landscape • Respond to Contractor inquiries/RFI’s during construction. • Review contractor submittals for landscape related elements. • Perform two site visits during construction: o 50 percent complete. Provide brief written field report. o 100 percent complete. Provide punch list report and verification. Electrical • Perform two site visits during construction: o 50 percent complete. Provide brief written field report. o 100 percent complete. Provide punch list report and verification. GRAEF will endeavor to perform the proposed Basic Services per the following schedule: • Preliminary Design – 6-weeks after authorization to proceed • Design Development – 6-weeks after Preliminary Design review meeting • Construction Document Preparation – 6-weeks after Design Development review meeting • Construction Oversight – concurrent with bridge construction. We anticipate this to occur in the spring/summer of 2019 over a 6-month construction timeframe. Note: No In-water work will likely be allowed from ice-out until June 15. • Authorization to Proceed assumed to be received in early fall 2018. At your written request, GRAEF will provide a scope and fee for Additional Services. Additional Services GRAEF can provide include: Mr. Adam Breest -5- 5/30/18 0000-5020  • Canopy or shelter design. • Survey Services (CSM, Plat of Survey, etc.) • Property Acquisition Services • Photorealistic Renderings • Gateway arches or other monument design • Donor recognition design and coordination. • Retaining Wall Design • Grant application writing and assistance • Additional meetings or public involvement not included in Basic Services • Soils Management Plan and coordination with WDNR • Aquatic and wildlife studies. • Environmental Document, if required by Federal agencies • Detailed Environmental Records review. • Soil and groundwater investigations if required by approving agencies. • Endangered Species Review request to the Bureau of Endangered Resources. • Cultural and Historical Resources Review/Investigations • Full-time construction oversight or additional site visits. For this Project, it is our understanding Client will provide the following services, items and/or information: • Budget information related to property acquisition or easement acquisition. GRAEF will identify parcels or easement area needed for the trail construction. • Available information on topography, soils, aerial photography, utilities in area, flood studies, property lines and other pertinent project information needs. • Access to the site if necessary, including assistance with access to private property along bridge crossing alignment. • Permit and review fees. • Landfill disposal fees for soil boring cuttings/spoils, if necessary. For all Basic Services, Client agrees to compensate GRAEF as follows: Preliminary Design: $ 17,500.00 Design Development: $ 30,900.00 Final Design: $ 33,350.00 Bidding Services $ 4,900.00 Construction Services: $ 48,600.00 TOTAL: $135,250.00 NTE We can perform the above scope of work on a time and expenses basis for an estimated fee of $135,250 plus reimbursable expenses. Reimbursable expenses are not included in the above estimate. Expenses such as mileage and permit fees will be billed at cost and are estimated at $2,000. Mr. Adam Breest -6- 5/30/18 0000-5020 We will invoice the project on an hourly basis, for the hours actually expended at our standard hourly rates, plus reimbursable expenses. To accept this proposal, please sign and date both of the enclosed copies and return one to us. Upon receipt of an executed copy, GRAEF will commence work on the Project. Graef-USA Inc. looks forward to providing services to the Village of Little Chute. Sincerely, Graef-USA Inc. Accepted by: Village of Little Chute ____________________________ Patrick J. Skalecki, P.E., LEED AP (Signature) Principal ____________________________ (Name Printed) ____________________________ (Title) Date: _______________________ Enclosures Mr. Adam Breest -7- 5/30/18 0000-5020  Graef-USA Inc.’s STANDARD TERMS AND CONDITIONS These Standard Terms and Conditions are material terms of the Professional Services Agreement proposed on May 30, 2018 (Agreement) by and between Graef-USA Inc. (GRAEF) and Village of Little Chute (Client): Standard of Care: GRAEF shall exercise ordinary professional Invoicing & Payment: GRAEF may issue invoices for services care in performing all services under this Agreement, without rendered and expenses incurred at such times and with such warranty or guarantee, expressed or implied. frequency as GRAEF deems necessary or appropriate in GRAEF’s discretion. All invoices are due and payable upon receipt and shall Client Responsibilities: Client shall at all times procure and be considered past due if not paid within thirty (30) calendar days maintain financing adequate to timely pay for all costs of the of the due date. Prompt and full payment of all periodic invoices PROJECT as incurred; shall timely furnish and provide those or other billings issued by GRAEF pursuant to this Agreement services, items and/or information defined in Agreement, as is of the essence of this Agreement. In the event that Client fails amended, and shall reasonably communicate with and reasonably to promptly and fully pay any invoice as and when due, then, and cooperate with GRAEF in its performance of this Agreement. in addition to any other remedies allowed by law, GRAEF, may, in GRAEF shall be entitled to rely on the accuracy and completeness its sole discretion, suspend performance of all services under this of any services, items and/or information furnished by Client. Agreement upon seven (7) calendar days' written notice to Client, These terms are of the essence. Client shall indemnify, defend and and immediately invoice Client for all unbilled work-in-progress hold GRAEF, its present or former officers, employees and rendered and other expenses incurred. Upon GRAEF’s receipt of subconsultant(s), fully harmless from any liability or loss, cost or full payment, in good funds and without offset, of all sums invoiced expense (including attorney’s fees and other claims expenses) in in connection with any such declaration of suspension, GRAEF any way arising from or in connection with errors, omissions or shall resume services, provided that the time schedule and deficiencies in the services, items and/or information Client is compensation under this Agreement shall be equitably adjusted in obliged to furnish in respect of this Agreement. a manner acceptable to GRAEF to compensate GRAEF for the period of suspension plus any other reasonable and necessary time Limitation of Liability: Client and GRAEF agree that and expenses GRAEF suffers or incurs to resume services. No GRAEF's liability for any direct, indirect, incidental or failure by GRAEF to exercise its right to suspend work and consequential economic losses or damages arising under or in accelerate sums due shall in any way waive or abridge Client’s connection with this agreement (including any attorney's fees obligations to GRAEF or GRAEF’s rights to later suspend work or claims expenses) shall be limited to the sum of one hundred and accelerate terms. Client agrees GRAEF shall incur no liability thousand dollars ($100,000.00). whatsoever to Client, or to any other person, for any loss, cost or expense arising from any such suspension by GRAEF, either Additional Services: Client may request or it may become directly or indirectly. In addition, simple interest shall accrue at the necessary for GRAEF or its subconsultant(s) to perform Additional lower of 1.5% per month (18% per annum), or the maximum Services in respect of this Agreement. Client shall pay for such interest rate allowable by law, on any invoiced amounts remaining Additional Services above and beyond charges for Basic Services unpaid for more than 60 days from the date of the invoice. set forth in this Agreement. GRAEF will notify Client in advance Payments made shall be allocated as follows: (1) first to unpaid of GRAEF's intention to render Additional Services. Client's collection costs; (2) second to unpaid accrued interest; and (3) last failure to instruct GRAEF not to perform the proposed Additional to unpaid principal of the oldest invoice. Service shall constitute Client's acceptance of such Additional Service and agreement to pay for such Additional Service in Latent Conditions: Client acknowledges that subsurface or latent accordance with the Invoicing & Payment terms of this Agreement. physical conditions at the site that differ materially from those indicated in the project documents, or unknown or unusual Collection Costs: Client shall pay all collection costs GRAEF conditions that materially differ from those ordinarily encountered incurs in order to collect amounts due from Client under this may exist. If such latent conditions require a change in the design Agreement. Collection costs shall include, without limitation, or the construction phase services, GRAEF shall be entitled to a reasonable attorney's fees and expenses, collection agency fees and reasonable extension of time to evaluate such change(s) and their expenses, court fees, collection bonds and reasonable GRAEF staff impact on the project and to prepare such additional design costs at standard billing rates for GRAEF's time spent in efforts to documents as may be necessary to address or respond to such latent collect. Client's obligation to pay GRAEF's collection costs shall conditions. Client shall pay GRAEF for all services rendered and survive the term of this Agreement or the earlier termination by reimbursable expenses incurred by GRAEF and its either party. subconsultant(s), if any, to address, respond to or repair such latent conditions. Such services by GRAEF or its subconsultant(s) shall constitute Additional Services. 5/30/18 Page 1 of 2 0000-5020  Graef-USA Inc.’s STANDARD TERMS AND CONDITIONS (continued) Insurance: GRAEF shall procure and maintain liability insurance Construction Observation: Unless expressly stated in this policies, including professional liability, commercial general Agreement, GRAEF shall have no responsibility for Construction liability, automobile liability, and workers' compensation insurance Observation. If Construction Observation services are performed, for the duration of this Agreement and shall, upon request, produce GRAEF's visits to the construction site shall be for the purpose of certificates evidencing the maintenance of such coverages. Should becoming generally familiar with the progress and quality of the Client desire additional insurance, GRAEF shall endeavor construction, and to determine if the construction is being reasonably to procure and maintain such additional insurance, but performed in general accordance with the plans and specifications. Client shall reimburse GRAEF for any additional premiums or GRAEF shall have no obligation to "inspect" the work of any other related costs that GRAEF incurs. contractor or subcontractor and shall have no control or right of control over and shall not be responsible for any construction Instruments of Service: All original documents prepared for means, methods, techniques, sequences, equipment or procedures Client by GRAEF or GRAEF's independent professional (including, but not limited to, any erection procedures, temporary associate(s) and subconsultant(s) pursuant to this Agreement bracing or temporary conditions), or for safety precautions and (including calculations, computer files, drawings, specifications, or programs in connection with the construction. Also, GRAEF shall reports) are Instruments of Professional Service in respect of this have no obligation for any defects or deficiencies or other acts or Agreement. GRAEF shall retain an ownership and property omissions of any contractor(s) or subcontractor(s) or material interest therein whether or not the services that are the subject of supplier(s), or for the failure of any of them to carry out the this Agreement are completed. Unless otherwise confirmed by construction in accordance with the contract documents, including written Addenda to this Agreement, signed by duly authorized the plans and specifications. GRAEF is not authorized to stop the representatives of both Client and GRAEF, no Instrument of construction or to take any other action relating to jobsite safety, Professional Service in respect of this Agreement constitutes, or is which are solely the contractor’s rights and responsibilities. intended to document or depict any "as-built" conditions of the completed Work. Client may make and retain copies for Dispute Resolution: GRAEF and Client shall endeavor to resolve information and reference in connection with the use and all disputes first through direct negotiations between the parties' occupancy of the completed project by Client and others; however, informed and authorized representatives, then through mediation. such documents are not intended or represented to be suitable for If mediation fails to fully resolve all disputes within 120 calendar reuse by Client or others on extensions of the project, or otherwise. days of the first written request for mediation, either party may Any reuse without GRAEF's written consent shall be at Client's sole pursue any remedy it deems appropriate to the circumstances. risk and responsibility, and without any liability to GRAEF, or to GRAEF's independent professional associate(s) and No Assignment: This Agreement is not subject to assignment, subconsultant(s). Further, Client shall indemnify, defend and hold transfer or hypothecation without the written consent of both parties GRAEF and GRAEF's independent professional associate(s) and expressly acknowledging such assignment, transfer or subconsultant(s), fully harmless from all liability or loss, cost or hypothecation. expense (including attorney’s fees and other claims expenses) in any way arising from or in connection with such unauthorized Governing Law: This Agreement, as amended, and any disputes reuse. or controversies arising in connection with this Agreement shall be governed and resolved by the laws of the State of Wisconsin, Contractor Submittals: The scope of any review or other action without regard to said state's choice of law rules. taken by GRAEF or its subconsultant(s) in respect of any contractor submittal, such as shop drawings, shall be for the limited purpose Severance of Clauses: In the event that any term, provision or of determining if the submission generally conforms with the condition of this Agreement is void or otherwise unenforceable overall intent of the design of the work that is the subject of this under the law governing this Agreement, then such terms shall be Agreement, but not for purposes of determining accuracy, stricken and the balance of this Agreement shall be interpreted and completeness or other details such as dimensioning or quantities, or enforced as if such stricken terms never existed. for substantiating instructions or performance of equipment or systems. GRAEF shall not be liable or responsible for any error, Integrated Agreement: The parties’ final and entire agreement is omission, defect or deficiency in any contractor submittal. expressed in the attached proposal letter and these Standard Terms and Conditions. All prior oral agreements or discussions, proposals Pricing Estimates: Neither GRAEF nor Client has any control and/or negotiations between the parties are merged into and over the costs of labor, materials or equipment, over contractors' superceded by this Agreement. No term of the parties’ Agreement methods of determining bid prices, or over competitive bidding, may be orally modified, amended or superceded. market or negotiation conditions. Accordingly, GRAEF cannot and does not warrant or represent that bids or negotiated prices will not vary from any projected or established budgetary constraints. 5/30/18 Page 2 of 2 0000-5020 0 80 160 Feet