Public Works Committee

1 VILLAGE OF WATERFORD PUBLIC WORKS & UTILITIES COMMITTEE July 18th, 4:00 pm DPW Building, 801 Ela Ave 1. Call to Order 2. Roll Call 3. Comments and Correspondence 4. Public Appearances: 5. Reading and Approval of Min: 06.20.22 PW&U 6. Special Event Permits: 7. Reports: Streets Supervisor, Parks Supervisor, Engineer New Business 1. Discussion on volunteer groups for park cleanup; consider an appropriate motion for action. 2. Discussion on bench, tree, flower bed, playground, play stream, and other sponsorship opportunities in 10 Club Park; consider an appropriate motion for action. 3. Discussion on public use of fire hydrants for watering landscape; consider an appropriate motion for action. Adjournment Public Notice Questions regarding the nature of the agenda items or more detail on the agenda items listed above scheduled to be considered by the governmental body listed above can be directed to Zeke Jackson, Village Administrator at 262-806-1750 or at zjackson@waterfordwi.org. 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. Upon reasonable notice, a good faith effort will be made to accommodate the needs of disabled individuals through sign language interpreters or other auxiliary aid at no cost to the individual to participate in public meetings. Due to the difficulty in finding interpreters, requests should be made as far in advance as possible preferably a minimum of 48 hours. For additional information or to request this service, contact the Village Staff at 262-534-7912, or by writing to the Village Administrator at the Village Administration Building, 123 N. River St, Waterford WI, 53185 Copies of reports and other supporting documentation are available for review at the Village Administrator’s Office, Administration Building, 123 N. River St, Waterford WI 53185 during operating hours. (8 a.m. – 5 p.m. weekdays). Posted: 07/14/2022; 12:15 p.m.  2 1 VILLAGE OF WATERFORD 2 Public Works & Utilities Committee Meeting Minutes 3 Held at the DPW building 4 June 20th, 2022 5 6 Meeting was called to order by Chair Koeller at 4:00pm. 7 Present: Pat Goldammer, Don Houston, Kim Migazzi, Fred Koeller, Carl Oberhart 8 Others present: Mike Sponholtz, Rick Huening, Zeke Jackson 9 10 Minutes: Motion by Oberhart to approve the 05.16.2022 minutes. Second by Migazzi. All aye. Motion 11 carried. 12 13 New Business: 14 1- Parklets: Motion by Migazzi for businesses who want parklets to submit a permit to the Public Works 15 Committee for approval with consideration on aesthetics, meeting acceptable safety standards, and 16 installation and removal by permitee. Second by Houston. All aye. Motion carried. 17 18 2- Whitford: Motion by Oberhart to move forward with the plans as presented for the Whitford park 19 driveway replacement. Second by Migazzi. All aye. Motion carried. 20 21 3- Fees: Motion by Koeller to set rental fees for vendors setting up on Village property as follows: June, July, August $200 – Thurs. Fri. Sat. $100 – Tues. Wed. No Mondays except Sun. Fun & Food on First Off Season $150 – Thurs. Fri. Sat. $100 – Tues. Wed. $0 – Mon. Sun. 22 Second by Migazzi. All aye. Motion carried. 23 24 4- Parking: Motion by Houston not to change current parking regulations around the boat launch and 25 event parking on Jefferson. Second by Koeller. All aye. Motion carried. 26 27 5- Work order: Motion by Goldammer to accept the work order for Danielson Street and Augusta 28 Street as submitted. Second by Koeller. All aye. Motion carried. 29 30 Motion by Oberhart to adjourn at 6:18 pm. Second by Migazzi. All aye. Motion carried. 31 32 Respectfully submitted by, 33 Colleen Schauer, PIO  3 VILLAGE OF WATERFORD PUBLIC WORKS AND UTILITY MEETING For additional information: http://www.waterfordwi.org Meeting Date: June 2022 Public works:  Crews have been very busy setting up and taking down for events.  Took delivery of new Chevy 1 ton.  Sold Ford 1 ton on auction for $33,800  Purchased new equipment trailer.  Danielson St. Augusta and Whitford Park pavement out for bids.  Update on staffing Utilities:  Fixed leaking water service in Rivermoor subdivision.  Replaced damaged sewer lateral for lofts 2 lot. Repair was $3,000 less than quote.  Fixed sewer lateral on Milwaukee St. that the school district owned fiber optic conduit was drilled through home owners lateral. School district is paying for half of the repair cost.  Water pumping totals are rising with the dry weather, we are not showing any signs of water loss at the wells.  Working with engineer to develop a plan to analyze the utilities on E Main St.( Do we need to replace the water main?) Rick Huening Public Works/Utilities Supervisor Name: i:\1. 2017 agendas\board\2017_04\02a br 2017 bridenhagen.docx Created: 4/13/2017 4:46 PM Printed: 4/14/2017 2:38 PM Author: Robert Kufrin Last Saved By: Zeke Jackson Revision: 2  4 VILLAGE OF WATERFORD PUBLIC WORKS AND UTILITY MEETING Facilities and parks update Meeting Date: July 18 2022 Facilities -Ongoing general maintenance, cleaning and repairs of Library, Village hall, DPW, Parks facilities and other various facilities projects. Managing various contractors performing PM on the HVAC, controls, and fire protection systems. - Village key fob and security software upgrades starting in August hopefully -Working on plans for building improvements at Whitford park as well as parking lot plans. Parks -The bandshell tent ripped in a storm, we took it down, drove it up north to get it repaired and we are getting ready to put it back up. We also purchased a new tent top for next year. -Ongoing maintenance, mowing, weeding, spraying, watering and mulching of all village properties -Monitoring and maintaining the boat launch, stocking and ordering envelopes as needed. -We have somebody seven days a week checking park bathrooms and all garbage, and monitoring rentals of the Seidel building and the pavilion rentals. -Supporting volunteer work at the Old Settlers Cemetery as needed Some of the grave markers are being moved to the DPW yard for cleaning and temporary storage by the volunteers. -Event season is here, we do ongoing setup, cleanup and monitoring of all of the village events including River Rhythms, Fun and food and First, Mobcraft beer garden, and Movies in the park and Celebrate Waterford. Our summer crew has been working hard and staying late to help make these events successful. -Working with our volunteers on Riverbend park plantings and 2022 adopt a planter program as well as the Welcome wall on Hwy 36 and Main. Mulching, weeding, Watering all these areas. -Started work on repair and refinishing our existing picnic tables. Mike Sponholtz Facilities and Parks Supervisor  5 VILLAGE OF WATERFORD Engineer’s Report July 14, 2022 MSIS Project – East Main Street Reconstruction – Project 212339.40  We assisted in the filing of an application to the State on January 5, 2022 for a potential 60 percent funding of the paving and drainage work associated with the reconstruction of E. Main Street between Milwaukee Street and STH 36.  The Village was awarded $422,837.87 from WisDOT LRIP funding toward the pavement cost.  The DOT requires a signed State & Municipal Agreement and Village referendum before proceeding.  The DPW is currently evaluating the condition of the utilities. The mainline sewer was televised; the laterals need to be televised. Based on the date stamped on the fire hydrants, the water main is from the early ‘80’s. Many of the valves will need replacement if the water main remains. We will assist the DPW as needed. Cornerstone Crossing Multi-Family Development – Project No. 220511  The development by PRE/3, LLC. includes four multi-family buildings on 5.01 acres located on Cornerstone Crossing.  We plan to assist with the construction observation of the public improvements. Mercury Business Park Storage – Project No. 220549  The development by Dave Chavez includes two storage buildings on 1.30 acres located on Gravity Court.  We plan to assist with the construction observation of the public water main. Page 1 of 3 \\corp.baxwood.com\project\Azure\WATRF\General\Admin\Monthly Reports\2022\07-2022\07-14-22.docx  6 VILLAGE OF WATERFORD Engineer’s Report July 14, 2022 2022 LRIP Project - N. Milwaukee Street Resurfacing – Project 210605.90/.40  This project involves the resurfacing of N. Milwaukee Street between E. Main Street and the north Village limits.  The Village was awarded $22,837.87 from WisDOT LRIP funding to be used for the N. Milwaukee St. resurfacing project.  Wolf Paving was the low bidder ($573,831.45). The project was awarded on June 13 th and the contractor plans to begin curb & gutter replacement work the week of July 11 th with road milling and paving mid-August. The substantial completion date is September 2. Page 2 of 3 \\corp.baxwood.com\project\Azure\WATRF\General\Admin\Monthly Reports\2022\07-2022\07-14-22.docx  7 VILLAGE OF WATERFORD Engineer’s Report July 14, 2022 Lofts II Review – Project No. 220823  The development includes a bank and apartments on 0.91 acres located at the corner of Milwaukee Street and Main Street.  We are currently reviewing plans submitted on June 14 th. Mohr and Ela Drainage – Project No. 221196  There is an issue with drainage from the fire department pond flowing to the property to the south.  We are collecting data and should have a plan next week. Danielson St. & Augusta Paving / Whitford Park Paving – Project No. 221301  The Village has requested that Danielson St and Augusta be resurfaced this year.  Danielson St., Augusta, and Whitford Park are being bid together in separate sections with the possibility to choose which section is built as part of the contract. The bid opening is July 21st. Extraterritorial Map – Project No. 221436  A draft Extraterritorial Jurisdiction (ETJ) map between the Village of Waterford and the Village of Rochester has been created for discussions between the municipalities. Page 3 of 3 \\corp.baxwood.com\project\Azure\WATRF\General\Admin\Monthly Reports\2022\07-2022\07-14-22.docx  A.W. Oakes & Son, Inc. Zignego Company, Inc. 8 2000 Oakes Road W226 N2940 Duplainville Road Racine, WI 53406 Waukesha, WI 53186 Item Description Est Qty Unit Price Total Unit Price Total 55 Playground area excavation and preparation 1,700 SY $ 13.00 $ 22,100.00 $ 4.00 $ 6,800.00 56 Playground 6” washed stone bedding 1,700 SY $ 13.00 $ 22,100.00 $ 11.00 $ 18,700.00 Playground filter fabric separating stone bedding from 57 1,700 SY $ 6.00 $ 10,200.00 $ 6.00 $ 10,200.00 engineered wood fiber 58 Playground engineered wood fiber 12” installed 1,300 SY $ 22.00 $ 28,600.00 $ 20.00 $ 26,000.00 Playground equipment as specified or engineered 59 approved equal (includes all playground structures and 1 LS $ 520,000.00 $ 520,000.00 $500,000.00 $ 500,000.00 installation) Playground poured in place rubber surface (includes 60 220 SY $ 275.00 $ 60,500.00 $ 272.00 $ 59,840.00 manufacture recommended base construction) 61 Relocate existing trees 1 EA $ 1,000.00 $ 1,000.00 $ 800.00 $ 800.00 Turf grass landscape (includes all excavation, grading, 62 1 LS $ 77,000.00 $ 77,000.00 $140,000.00 $ 140,000.00 topsoil, seeing, fertilizer and mulch) (approx. 2.0 acres) Wetland and waterway seeding (includes all excavation, 63 grading, topsoil, seeing, fertilizer and mulch) (approx. 1 LS $ 14,000.00 $ 14,000.00 $ 29,000.00 $ 29,000.00 1,300 SY) New trees (as identified in the Landscape Plan – includes 64 47 EA $ 650.00 $ 30,550.00 $ 600.00 $ 28,200.00 installation) New shrubs (as identified in the Landscape Plan – 65 616 EA $ 75.00 $ 46,200.00 $ 65.00 $ 40,040.00 includes installation) Landscape – Misc. as identified on the Landscape Plans 66 (includes all bolder placement, hardwood mulch, American 1 LS $ 170,000.00 $ 170,000.00 $150,000.00 $ 150,000.00 Heritage stone, river rock, Mississippi Stone) Sand box play area (includes excavation, prep, filter fabric, 67 2 EA $ 3,400.00 $ 6,800.00 $ 2,500.00 $ 5,000.00 and sand installation) 4’ Maverick Ultra II Aberdeen Industrial 3 rail steel 68 playground fence by Iron World Fencing or Engineer 475 LF $ 170.00 $ 80,750.00 $ 72.00 $ 34,200.00 approved equal (see L-110, detail LA-52) 4’ high, 6’ wide swing gate, Maverick Ultra II Aberdeen 69 Industrial 3 rail steel gate by Iron World Fencing or 2 EA $ 1,000.00 $ 2,000.00 $ 2,500.00 $ 5,000.00 Engineer approved equal 4’ high, 12’ wide double swing gate, Maverick Ultra II 70 Aberdeen Industrial 3 rail steel gate by Iron World Fencing 2 EA $ 2,000.00 $ 4,000.00 $ 2,500.00 $ 5,000.00 or Engineer approved equal Base Bid Total $ 2,849,815.00 $ 3,083,275.00 Alternate 1 Bid 5" concrete reinforced with 6x6 #6 welded wire mesh – all colored concrete in the plaza area to be installed as shown ALT-1 in the Construction Plans, varied colors in the wave 12,350 SF $ 18.35 $ 226,622.50 $ 25.00 $ 308,750.00 pattern, “Night Tan and Sand” If selected, Bid Alt-1 will replace Base Bid item 14 Alternate 1 Bid Total $ 226,622.50 $ 308,750.00 $ 20,995.00 Alternate 2 Bid - Park Furnishings ALT-2-1 Swings 3 EA $ 5,200.00 $ 15,600.00 $ 4,500.00 $ 13,500.00 ALT-2-2 Picnic tables 19 EA $ 3,400.00 $ 64,600.00 $ 3,000.00 $ 57,000.00 ALT-2-3 Adirondack Chairs 32 EA $ 2,000.00 $ 64,000.00 $ 2,000.00 $ 64,000.00 ALT-2-4 Langdon Tables 5 EA $ 5,000.00 $ 25,000.00 $ 4,500.00 $ 22,500.00 ALT-2-5 Trash Cans 6 EA $ 2,000.00 $ 12,000.00 $ 2,000.00 $ 12,000.00 ALT-2-6 Benches 13 EA $ 3,200.00 $ 41,600.00 $ 3,000.00 $ 39,000.00 Alternate 2 Bid Total $ 222,800.00 $ 208,000.00 Alternate 3 Bid 8” stone base for asphalt perimeter path (includes all base ALT-3.1 1,110 TON $ 26.00 $ 28,860.00 $ 100.00 $ 111,000.00 prep) ALT-3.2 3” asphalt perimeter path 400 TON $ 375.00 $ 150,000.00 $ 1,000.00 $ 400,000.00 Alternate 3 Bid Total $ 178,860.00 $ 511,000.00 $ 5,077.50 Alternate 4 Bid Irrigation system. Includes all materials and installation ALT-4 1 LS $ 81,000.00 $ 81,000.00 $ 15,000.00 $ 15,000.00 identified in the Construction Irrigation Plans Alternate 4 Bid Total $ 81,000.00 $ 15,000.00 Alternate 5 Bid Concrete landscape edging. (includes base, prep and ALT-5 375 LF $ 35.00 $ 13,125.00 $ 28.00 $ 10,500.00 gravel subgrade) Alternate 5 Bid Total $ 13,125.00 $ 10,500.00 $ 10,125.00 Alternate 6 Bid 6" Concrete Future Parking Lot Entrance (includes base, ALT-6.1 330 SF $ 7.85 $ 2,590.50 $ 15.00 $ 4,950.00 prep and gravel) ALT-6.2 Sawcut curb head at south access point 30 LF $ 35.00 $ 1,050.00 $ 100.00 $ 3,000.00 Alternate 6 Bid Total $ 3,640.50 $ 7,950.00 Alternate 7 Bid Gas fire pit in plaza (includes all installation and material to ALT-7 1 LS $ 33,000.00 $ 33,000.00 $ 20,000.00 $ 20,000.00 building) Alternate 7 Bid Total $ 33,000.00 $ 20,000.00 $ 16,000.00 Alternate 8 Bid Replace bid item 28 with 3’-6” Maverick Ultra II Aberdeen ALT-8 Industrial 3 rail steel fence by Iron World Fencing or 170 LF $ 165.00 $ 28,050.00 $ 200.00 $ 34,000.00 Engineer approved equal Alternate 8 Bid Total $ 28,050.00 $ 34,000.00 $ (4,590.00) Base Bid Total $ 2,849,815.00 $ 3,083,275.00 Alternate 1 Bid Total $ 226,622.50 $ 308,750.00 Alternate 2 Bid Total $ 222,800.00 $ 208,000.00 Alternate 3 Bid Total $ 178,860.00 $ 511,000.00 Alternate 4 Bid Total $ 81,000.00 $ 15,000.00 Alternate 5 Bid Total $ 13,125.00 $ 10,500.00 Alternate 6 Bid Total $ 3,640.50 $ 7,950.00 Alternate 7 Bid Total $ 33,000.00 $ 20,000.00 Alternate 8 Bid Total $ 28,050.00 $ 34,000.00 Oakes.Zignego 2 of 2  9Page: 1 Graber Manufacturing QUOTATION 1080 Uniek Drive Waunakee, WI 53597 Quote Number: 0013486 Quote Date: 7/13/2022 Voice: 608.849.1080 Fax: 608.849.1081 Quoted To: ShipTo: Village of Waterford, WI Village of Waterford, WI 801 Ela Avenue 801 Ela Avenue Waterford, WI 53105 Waterford, WI 53105 Customer ID Good Thru Payment Terms Sales Rep VLGWTRFRD 8/12/2022 Net 30 Days LS Qty Item Description Unit Price Amount 13 WDBC-6-RPC-P Walden Circle Arm - 6' Bench - Recycled Plastic Cedar - Surface 1,679.00 21,827.00 Mount - e-Steele Color: Black 13 RT1237-S-4 STUD 1/2 x 3-3/4 - Removable Concrete Anchor - Stainless Steel - 20.69 268.97 4 Each 0 /TAXEXEMPT Tax Exempt Form on File 0.00 0.00 *Still Need a Copy of Tax Exempt Form* Subtotal: 22,095.97 Shipping & Handling: 600.00 Sales Tax: 0.00 WE ARE A SUPPLIER ONLY: As a supplier only, we are not subject to subcontractor terms and conditions. TOTAL: 22,695.97 The customer is responsible for completeness, accuracy, and conformity to their plans and specifications. We will not proceed with orders until all details such as materials, options, colors, etc. are complete and accurate. MILL CERTIFICATE AVAILABLE IF SPECIFICALLY REQUESTED AND QUOTED IN ADVANCE. PRICING: Quoted prices will be held for 30 days. Changes in quantities will effect prices. All prices are in U.S. Dollars. SHIPPING AND HANDLING CHARGES: Shipping charges are estimated and are subject to actual shipping charges incorred at the time of shipment. Unless indicated above, shipping charges do not include unloading and placement. Please see our shipping information for available services and their estimated rates. CUSTOMER DELAYS: Customer delays greater than two weeks after notification that the goods are ready to ship will incur storage charges at the rate of 1% of the sale amount per day. TAXES: Customers are responsible for all applicable taxes. Tax exemption certificate must be submitted prior to order placement. CANCELLATION: Orders cancelled more than two weeks after placement are subject to a 30% to 100% charge based upon cost incurred. Custom orders cannot be cancelled. COMPLETE TERMS AND CONDITIONS: Additional terms and conditions are attached.  10 T ERMS AND CONDIT IONS WE ARE A SUPPLIER ONLY: As a supplier only, we are not subject to subcontractor terms and conditions or retainage fees. The customer is responsible for completeness, accuracy and conformity to their plans and specifications. We will not proceed with orders until all details such as materials, options, colors, etc. are complete and accurate. ORDER ACCEPTANCE: All orders must be in writing and are subject to acceptance by Graber Manufacturing, Inc. (Graber Manufacturing) Waunakee, Wisconsin. No verbal orders will be accepted. PURCHASE ORDER TERMS: All terms and conditions of any purchase order, or other writing, issued by the buyer which are inconsistent with, in addition to, or different from the terms and conditions set forth here, are null and void. The signing of any such buyer purchase order by Graber Manufacturing, Inc. only indicates the acknowledgement of order. PRICES: All prices are FOB from Graber Manufacturing’s factory and are in U.S. dollars unless otherwise indicated on quote. Prices are subject to change without notice. Shipments will be made at prices prevailing at the time of the shipment. TAXES: Graber Manufacturing will collect all taxes required by local state and federal law. In taxing jurisdictions where Graber Manufacturing is not required to collect tax, all taxes are the responsibility of the buyer. If buyer is tax exempt it is buyer’s responsibility to notify Graber in a timely manner and buyer must provide a valid tax exemption certificate prior to shipment. Graber is unable to remove sales tax from an invoice once an order ships and therefore will not issue a refund for exemptions sent in after the product has shipped. PAYMENT TERMS: Full payment is due at the time an order is placed unless buyer is a tax-supported government entity or a company with approved credit. If buyer is a tax-supported government entity or a company with approved credit net is due 30 days from date of invoice. Service charge of 1.5% per month on all invoices after 30 days. Graber Manufacturing accepts American Express, MasterCard and VISA. A 3% credit card processing fee may apply. Graber Manufacturing reserves the right to change payment terms at any time if necessary. CANCELLATION: Cancellation of orders will not be accepted without prior written authorization. Cancellations are subject to a 30% to 100% charge depending on costs incurred by Graber Manufacturing at time of cancellation. Special custom orders cannot be cancelled. A 3% credit card processing fee may apply to any refunds issued. RETURNS: Returned product will not be accepted without prior written authorization. A return of standard product is subject to a 30% to 70% restocking charge. Returned product must be received in the same condition as originally shipped and must be shipped with freight charges prepaid by buyer. Special custom product cannot be returned. FREIGHT: Freight charges as determined by the carrier may be prepaid and added to the invoice if desired. Unless specific instructions are given, shipment is made in the way considered best by Graber Manufacturing. Shipping weights are approximate. LOSS OR DAMAGE: Graber Manufacturing is not responsible for loss or damage in transit. Freight carrier is an agent of the customer. Claims must be filed with the carrier. Be sure to note any shortage on the original freight bill before signing and also have the truck driver sign. Be sure to note any damage or marks indicating possible concealed damage on the original freight bill before signing and also have the truck driver sign. Graber Manufacturing will make a reasonable effort to remedy any loss or damage in transit. Graber Manufacturing is not responsible for time lost due to loss or damage in transit. SPECIFICATIONS: Graber Manufacturing reserves the right to discontinue or change the design and specification of units, and to ship the revised product without notice when such changes have been made. DISCLAIMER OF WARRANTIES: THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE BY GRABER MANUFACTURING. ANY DESCRIPTION OF THE GOODS CONTAINED IN THIS AGREEMENT IS FOR THE SOLE PURPOSE OF IDENTIFYING THE GOODS, IS NOT PART OF THE BASIS OF THE BARGAIN, AND DOES NOT CONSTITUTE A WARRANTY THAT THE GOODS SHALL CONFORM TO THAT DESCRIPTION. NO AFFIRMATION OF FACT OR PROMISE MADE BY THE SELLER, WHETHER OR NOT IN THIS AGREEMENT, SHALL CONSTITUTE A WARRANTY THAT THE GOODS WILL CONFORM TO THE AFFIRMATION OR PROMISE. BUYER AFFIRMS THAT HE HAS NOT RELIED UPON SELLER’S SKILL OR JUDGMENT TO SELECT OR FURNISH GOODS FOR ANY PARTICULAR PURPOSE, AND THIS SALE IS MADE WITHOUT ANY WARRANTY BY SELLER THAT THE GOODS ARE SUITABLE FOR ANY PARTICULAR PURPOSE. DIRECTIONS FOR USE: Due to the potential of misuse of the goods sold under this agreement, it is agreed that our products must be installed as manufactured. A. Modifications of Products: Any modification that becomes necessary must be designed by a qualified engineer and performed in accordance with his design and under the engineer’s supervision. Graber Manufacturing cannot be responsible for the structural integrity of the product or for any costs incurred in modifications performed without our written approval. B. Errors and Corrections: Errors in construction and design on the part of Graber Manufacturing must be reported immediately. Graber Manufacturing must be given sufficient time to inspect the product and correct any problem before the products are corrected or installed at  11 the project site. Charge backs will not be accepted for products that are corrected without allowing Graber Manufacturing the opportunity to make the corrections itself or without specific written approval of Graber Manufacturing. CONSEQUENTIAL DAMAGES: IN NO EVENT SHALL THE COMPANY BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGE TO OTHER PROPERTY CAUSED BY ANY DEFECT IN THIS PRODUCT. INCONVENIENCE, LOSS OF GOOD WILL, LOST PROFITS OR REVENUE, LOSS OF USE OF THIS PRODUCT, COST OF SUBSTITUTIVE PRODUCTS OR MODIFICATIONS, DOWNTIME COSTS, OTHER EQUIPMENT COSTS OR CLAIMS OF ANY PARTY DEALING WITH PURCHASER FOR SUCH DAMAGES, RESULTING FROM THE USE OF THIS PRODUCT, OR ANY OTHER LEGAL THEORY. AUTHORITY OF SELLER’S AGENTS: No agent, employee or representative of the Seller has any authority to bind the Seller to any affirmation, representation or warranty concerning the goods sold under this agreement, and unless an affirmation, representation or warranty made by an agent, employee or representative is specifically included within this written agreement, it has not formed a part of the basis of this bargain and shall not in any way be enforceable. MODIFICATIONS: This agreement can be modified or rescinded only by writing signed by both of the parties or by duly authorized agents. INTERPRETATION - PAROL EVIDENCE: This writing is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of their agreement. Acceptance or acquiescence in a course of performance rendered under this agreement shall not be relevant to determine the meaning of this agreement even though the accepting or acquiescing party has knowledge of the nature of the performance and opportunity for objection. Whenever a term defined by the Uniform Commercial Code is used in this agreement the definition contained in the code is to control. WAIVER: No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. TIME FOR BRINGING ACTION: Any action for breach of this contract must be commenced within 2 years after the cause of action has occurred. APPLICABLE LAW: This agreement shall be governed by Wisconsin Law and the Uniform Commercial Code. Wherever the term “Uniform Commercial Code” is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Wisconsin as effective and in force on the date of this agreement. PLACE OF SUIT/VENUE: Any suit under this contract shall be in the Circuit Court of Dane County, Wisconsin. ACCEPTANCE: Acceptance of this offer must be made on its exact terms and if additional or different terms are proposed by Buyer no contract shall come into existence without offerer’s assent to the counteroffer. LIMITED WARRANTIES The following Express Limited Warranty supplements the terms and conditions of our Quotation, Order Acknowledgement, and/or Invoice. IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, GRABER MANUFACTURING, INC. PROVIDES THE FOLLOWING LIMITED WARRANTY. Madrax division of Graber Manufacturing, Inc., (“Madrax”) warrants products it manufactures against defects in materials or workmanship for a period of one year from the date of invoice. Madrax warrants its bicycle lockers against structural failure for a period of one year from the date of invoice. Madrax warrants its hot dipped galvanized and stainless steel products against corrosion for a period of five years from the date of invoice. Madrax warrants its Phil-Up bicycle tire pump against defects for one year from the date of invoice. Madrax warrants the powder coat, MadShield and powder coated stainless steel finishes for one year from the date of invoice. Thomas Steele division of Graber Manufacturing, Inc., (“Thomas Steele”) warrants products it manufactures against defects in material or workmanship for a period of five years from the date of invoice. Thomas Steele warrants the powder coat finishes for the colors Red, Yellow and White for one year from the date of invoice; Thomas Steele warrants all of it remaining standard powder coat finishes for five years from the date of invoice. Thomas Steele warrants the powder coat finishes for colors outside of its standard offerings for one year from the date of invoice. Thomas Steele warrants its umbrellas against structural failure for a period of one year from the date of invoice.  12 Madrax and Thomas Steele warrant their metal products against structural failure for a period of twenty years from the date of invoice. Madrax and Thomas Steele warrant their recycled plastic against rotting, splitting or cracking for a period of two years from the date of invoice. Madrax and Thomas Steele warrant their components that are wood or cosmetic in nature against defects in material or workmanship for a period of one year from the date of invoice. Splitting, checking, and warping of wood are natural occurrences of wood and are not covered by this warranty. Madrax and Thomas Steele warrant custom products on a per product basis. These warranties do not cover any defects or failure due to vandalism, negligence, abuse, accidents, lack of maintenance or improper installation. Unless previously approved, in writing by Graber Manufacturing, Inc., this warranty does not cover any defects or failure due to products tampered with or altered, modified or repaired by anyone. SPECIFIC CONDITIONS AND LIMITATIONS: 1. Warranties only apply to products on invoices paid within Graber Manufacturing terms and conditions. 2. Damages resulting in whole or in part from natural disasters, including fire, wind, acts of war, terrorism, or nuclear disaster are not covered by the warranty. 3. The warranty will not apply if Graber Manufacturing is not notified within 10 calendar days of product failure. 4. This warranty is subject to the duty of the buyer and any subsequent purchaser or user to inspect the product before installation for defects, including defects or damage which may have been incurred on-site or in transportation. Any failure to completely inspect the product will void this Warranty. 5. Graber Manufacturing's obligation under this warranty will be limited to repair or replacement, at Graber Manufacturing's option, of products found in Graber Manufacturing's reasonable judgment to have been defective in workmanship or materials. Transportation charges for return of the alleged defective product will be assumed by Graber Manufacturing only if returned by the buyer in strict accordance with written instructions of Graber Manufacturing and at Graber Manufacturing's request. Graber Manufacturing will assume transportation charges for shipment of repaired or replaced product to the buyer, but will not be responsible for the cost of labor for removal or installation of the alleged defective product or any replacement. 6. All claims made under the terms of this warranty must be received in writing along with a copy of the original invoice. Claims must be sent to Graber Manufacturing, Inc. 1080 Uniek Drive, Waunakee, WI 53597. The warranties described herein shall be the sole and exclusive Warranties granted by Graber Manufacturing, Inc. and shall be the sole and exclusive remedy available to the purchaser. Correction of defects, in the manner and for the period of time described herein, shall constitute complete fulfillment of all liabilities and responsibilities and responsibilities of Graber Manufacturing, Inc., to the purchaser with respect to the product and shall constitute full satisfaction of all claims, whether based on contract, negligence, strict liability or otherwise. In no event shall Graber Manufacturing, Inc. be liable, or in any way responsible, for any damages or defects in the product which were caused by repairs or attempted repairs performed by anyone other than an authorized servicer. Nor shall Graber Manufacturing, Inc. be liable, or in any way responsible, for any incidental or consequential, economic or property damage.  13 SHIPPING INFORMATION FOR ST ANDARD LT L (8FT OF T RAILER) Thank you for your order. Your purchase will be delivered via Common Carrier. The driver will bring the freight only to the back of the truck. You are responsible for offloading the merchandise delivered. A forklift may be needed. Please note that for all Canadian shipments Graber Manufacturing, Inc. does not provide a broker. A broker is needed for all Canadian shipments and is the responsibility of the customer to provide this information at the time of placing the order. Additional charges may apply for the following. 1) Lift-gate delivery - recommended for heavier or larger shipments where no loading dock is available. Approximate additional $45 2) Inside delivery - recommended in cases when you do not have a person available to offload your product and bring them inside your business. Approximate additional $65. 3) Residential/limited access delivery/churches - recommended for shipment to a home address, or an apartment or other locations with limited shipping access. Approximate additional $29. 4) Governmental access delivery – required for shipment if delivering to a secured government location or municipal areas. Additional charges may apply. 5) Call before delivery - the carrier will call 24 to 48 hours prior to delivery. Please provide a name and phone number. 6) Additional attempts to deliver. Approximate additional $160. Please let Graber Manufacturing, Inc. know if you will need any of the additional items listed above before your order ships to avoid complications. Your shipment will leave our docks in good condition. All shipments are insured against damage in transit. If your shipment shows any sign of damage, it should be noted on the freight bill and signed by the driver. You can also refuse delivery of the shipment due to damage. If damage is concealed and not visible until opening, please keep all packaging and notify Graber Manufacturing, Inc. immediately. SHIPPING INFORMATION FOR VOLUME/T RUCKLOAD/CONTAINER SHIPMENTS The carrier will not move anything to the back of the truck. A forklift and pallet jack will be needed on site or the use of ropes/chains to pull the items to the back of the truck. If any of this information is a requirement, please advise. Rates may change. Different provisions may apply. Finishes 14 Super TGIC Powder Coat Available in 18 vibrant shades, super TGIC coated products will stain significantly less from UV light than other finishes, keeping your site furnishings color vivid longer. The furniture is powder coated after fabrication with a 5-6mm thick electrostatically applied super polyester powder coating. Recycled Plastic One of two recycled plastic styles, the original recycled plastic is a high-density polyethylene material (HDPE) made from post-industrial and/or wide spec material. HDPE makes up, on average, 96% of this type of board. The other 4% is colorant with UV inhibitors and a blowing agent. Embossed Recycled Plastic (Please Check Availability) The second recycled plastic style is embossed recycled plastic. These boards are crafted to resemble wood more visually in color and boast more unique and true wood grains. This in turn gives this material a bit more natural texture than its counterpart, recycled plastic. Wood Pronounced “ee-pay,” this olive-brown wood from South America weathers to a beautiful silver grey. Three times harder than oak, ipe is the perfect choice for outdoors, where it resists weather, heavy use, and vandalism. Ipe (WI) 800-448-7931 | www.thomas-steele.com  THOMAS STEELE DIVISION 15 GRABER MANUFACTURING, INC. 1080 UNIEK DRIVE WAUNAKEE, WI 53597 P(800) 448-7931, P(608) 849-1080, F(608) 849-1081 WWW.MADRAX.COM, E-MAIL: SALES@MADRAX.COM 2"X3" PROFILES OPTIONAL THIRD ARMREST 76" 3 24 16 " 11 30 32 " 5 23 8 " 29 16 32 " NAME: WDBC-6 DESCRIPTION: WALDEN CIRCLE BENCH, BACKED, 6 FT 2"X3" RECYCLED PLASTIC OR WOOD DATE: 02-09-22 ENG: TMY CONFIDENTIAL DRAWING AND INFORMATION IS NOT TO BE COPIED OR DISCLOSED SITE FURNISHING IS POWDER COATED WITH TGIC POLYESTER. TO OTHERS WITHOUT THE CONSENT OF GRABER MANUFACTURING, INC. STEEL SURFACE PREP INCLUDES MECHANICAL AND CHEMICAL SPECIFICATIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE. ETCHING FOLLOWED WITH A COATING TO IMPROVE ADHESION AND CORROSION RESISTANCE. ©2021 GRABER MANUFACTURING, INC. ALL PROPRIETARY RIGHTS RESERVED.  THOMAS STEELE DIVISION 16 GRABER MANUFACTURING, INC. 1080 UNIEK DRIVE WAUNAKEE, WI 53597 P(800) 448-7931, P(608) 849-1080, F(608) 849-1081 WWW.MADRAX.COM, E-MAIL: SALES@MADRAX.COM 2"X3" PROFILES OPTIONAL THIRD ARMREST 76" 3 24 16 " 11 30 32 " 5 23 8 " 29 16 32 " NAME: WDBC-6 DESCRIPTION: WALDEN CIRCLE BENCH, BACKED, 6 FT 2"X3" RECYCLED PLASTIC OR WOOD DATE: 02-09-22 ENG: TMY CONFIDENTIAL DRAWING AND INFORMATION IS NOT TO BE COPIED OR DISCLOSED SITE FURNISHING IS POWDER COATED WITH TGIC POLYESTER. TO OTHERS WITHOUT THE CONSENT OF GRABER MANUFACTURING, INC. STEEL SURFACE PREP INCLUDES MECHANICAL AND CHEMICAL SPECIFICATIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE. ETCHING FOLLOWED WITH A COATING TO IMPROVE ADHESION AND CORROSION RESISTANCE. ©2021 GRABER MANUFACTURING, INC. ALL PROPRIETARY RIGHTS RESERVED.