VILLAGE of WATERFORD BOARD MEETING Monday, December 14, 2020, 6:30 Pm

VILLAGE OF WATERFORD BOARD MEETING Monday, December 14, 2020, 6:30 pm

. *Held via teleconference at https://www.gotomeet.me/VillageofWaterford Or call in at: 1-872-240-3212, access code: 562-426-325 Village Board members may attend in person. All others that wish to 1. Call to Order 2. Pledge to the Flag participate please use the information above. 3. Roll Call 4. Comments and Correspondence 10. Report of Standing Committees 5. Public Appearances or Hearings  Absolutely Waterford 6. Reading and Appvl of Min: 11.09.20 VB  Southeastern Wisconsin Fox River Commission 7. Approval of Various Licenses & Special Event Requests  Central Racine County Board of Health 8. Report of the DPW Director, Library, Fire Chief, Police  Western Racine County Sewerage District Chief, Treasurer, Clerk, Administrator, RCEDC  Library Board 9. Review and Confirmation of Committee, Commission, and  Waterford Waterway Management District Board Appointments  Racine County Drainage District/Fox River Citizen’s Group

New Business 1. Public Hearing. Discussion on Resolution 929-121420, Approving a Certified Survey Map for The Village of Waterford’s Fire Station 1 property, parcel #191041935136000, creating 3 lots. Consider an appropriate motion for action. 2. Discussion on the County’s plans to consolidate public health services from CRCHD underneath the County. Consider a motion to authorize staff to issue a preliminary notice of intent to withdraw from CRCHD 3. Review and discussion on an intergovernmental agreement for policing services from the Town of Waterford; consider an appropriate motion for action. 4. Review and discussion on an intergovernmental agreement for policing services from Racine County Sheriff’s Department; consider an appropriate motion for action. 5. Review of a responsible and responsive submission to Village RFP 10282020 for Architectural Services for the Waterford Lofts II project; Consider a motion to award a contract to Pure Architecture on a time and materials basis with a not to exceed amount of $97,500. 6. Review a change order from Pure Architecture related to our contract for Architectural Services on the Waterford Loft’s I project, offering a reduction in fee of $29,000; consider an appropriate motion for action. 7. Review a change order request from Reesman’s via an authorization recommendation from Baxter and Woodman in an amount off $61,028; consider an appropriate motion for action. 8. Public Hearing. Review of proposal and Discussion on Ordinance 680-121420, Amending and Recreating Ordinance 659, The Park Meadow Planned Community Development. Consider an appropriate motion for action. 9. Review and consider a motion to adopt Resolution 931-121420, Amending the Village’s Fee Schedule. 10. Consider a motion to convene into Executive Session pursuant to Wisconsin State Statutes, Section 19.85(e) Deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session. 11. Consider a motion to reconvene into open session. 12. Consider a motion for action related to items deliberated in closed session. 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 262-806-1750or at [email protected]. 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 262-534-1851, 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: 12/11/20; 5:00 p.m.

1 Village of Waterford 2 Special Village Board UnOfficial Minutes 3 November 23rd, 2020 4 5 Meeting was called to order by President Don Houston at 6:31 pm 6 7 Trustees Present: Don Houston, Tamara Pollnow, Pat Goldammer, Robert Nash, Adam Jaskie, Troy 8 McReynolds, Andy Ewert 9 10 Also present: Zeke Jackson, Colleen Schauer, Michelle Vandehey, Rick Huening, Danielle Brown, 11 Heather Kinkade, Brian Blackney, Richard Mueller, Dave Findlin, Scott Williams 12 13 Public Comments and Correspondence: 14 15 Minutes: Motion by McReynolds to approve the Village Board Minutes from 11-9-20. Second by Pollnow. 16 All aye. Motion carried. 17 18 Public Hearing: Motion by Pollnow to close the Public Hearing on Resolution 928-112320 Adopting the 19 2021 Budget, Capital Improvement Program and Related Budget Policies. Second by Nash. All aye. 20 Motion carried 21 22 New Business: 23 Budget: Motion by Ewert to approve Resolution 928-112320 Adopting the 2021 Budget, Capital 24 Improvement Program and Related Budget Policies. Second by McReynolds. Roll call vote: Ewert – aye; 25 Jaskie – aye; McReynolds – aye; Houston – aye; Pollnow – aye; Nash – aye. Motion carried. 26 27 Audit: Motion by Nash to accept the 2019 audit. Second by Pollnow. All aye. Motion carried. 28 29 Consider a motion to convene into Executive Session pursuant to Wisconsin State Statutes, Section 30 19.85(1)(c) to discuss personnel and employee benefits and, 19.85(e) Deliberating or negotiating the 31 purchasing of public properties, the investing of public funds, or conducting other specified public 32 business, whenever competitive or bargaining reasons require a closed session. 33 34 Motion by McReynolds to go into closed session at 6:40pm. Second by Ewert. Roll call vote: Ewert – 35 aye; Jaskie – aye; McReynolds – aye; Houston – aye; Pollnow – aye; Goldammer – aye; Nash – aye. 36 Motion carried. 37 Jaskie 38 39 Motion by Nash to reconvene into open session at 7:25 pm. Second by Goldammer. All aye. Motion 40 carried. 41 42 Motion by Ewert to direct staff to carry out the items discussed in closed session. Second by 43 McReynolds. All aye. Motion carried. 44 45 Motion by Pollnow to adjourn at 7:30 pm. Second by Jaskie. All aye. Motion carried. 46 47 Submitted by, 48 Colleen Schauer PIO 3 Proclamation

Village of Waterford

IN APPRECIATION TO POLL WORKERS AND STAFF FOR THEIR SERVICE DURING THE 2020 ELECTIONS

WHEREAS, Voting is a precious American principal; a basic democratic right for our people which should be protected, promoted and practiced, and

WHEREAS, During the April, August and November elections of 2020 the COVID-19 pandemic created unprecedented adverse health, planning and logistical conditions for this democratic process, and

WHEREAS, Regardless of this multitude of adversities, the Village of Waterford, with a population of approximately 5,500 people, had record turnouts of 89%, and

WHEREAS, The Village’s polls were staffed by existing and new Election Inspectors, a National Guard Member and Village employees – all coming together to help serve this community in uncertain times, and

WHEREAS, Staff in our Village Clerk’s office provided tremendous leadership, demonstrated their commitment to executing a fair and accurate election, and used creative approaches to provide a safe environment for voters, poll workers and Village employees alike, and

WHEREAS, Our Village is truly grateful for each of these individuals who served at the polls or helped oversee the election process. As our community and country endure the difficult, challenging realities of this pandemic, the efforts of these individuals were noble and selfless, and have not gone unnoticed.

NOW, THEREFORE, I Don Houston, President of the Village of Waterford, along with the Village of Waterford Board of Trustees and all of the staff, do hereby offer our highest gratitude to the many poll workers, volunteers and staff that helped uphold our democratic process during unprecedented conditions.

DATED this 14th day of December, 2020. ______Don Houston, Village President

Attest: ______Rachel Ladewig, Village Clerk Operators License Renewal Period Beginning 7/1/20 4 Lic # Last Name First Name Amt Date Issued Date Expires Background Check Information Tavern/Restaurant/Store 80-2020 Pease Alexandra $30.00 15th day of December 206/30/2021 New - No Criminal Record Walgreens

Page 1 of 1 5

Explore Waterford Report for the Village Board

Monday, December 14, 2020

In early 2020, Absolutely Waterford and the Waterford Area Chamber of Commerce officially merged to become Explore Waterford. Shortly after merging, the pandemic hit, and life was shut down. However, Explore Waterford dug in and supported the businesses and community with the following activities and events: 1. Gift card and food drive: In early spring, EW worked with the school system and the library to do a gift card and food drive for families hit hardest by the pandemic and shut- downs. Through this drive, several hundred pounds of food was collected and over $500 in food cards was donated. 2. Support of the businesses: Throughout the course of the shut-down, we continually advertised ways to support the businesses, and we pushed the drive through and curbside pick-up of restaurant food. We looked for creative ways to provide more business to the retailers as well. 3. Grant opportunities: EW wrote many letters for businesses so they could receive the PPP loans. More than 20 businesses in Waterford took advantage of this program. EW also provided information for 4-5 different grants which many businesses were also able to utilize. 4. July 11th – Celebrate Waterford with the Orange Barrel Bash – the Village paid for this event, but Explore Waterford organized and ran the event with help from Alyssa on the races. In spite of Covid 19 restrictions and panic, the attendance was great, and we put together 8 business and community teams for the races. We switched to adult trike races instead of bed races because the teams who wanted to participate could not get beds built in time. (The teams are very excited about doing this again in 2021.) The vendors who participated reported record sales of their products. The band we originally hired got Covid, but thankfully, we were able to hire The Beetles Tribute Band last minute. It wasn’t the ideal band for the crowd we wanted, but they drew a good number of people. We plan to have the Celebrate Waterford event annually the Saturday following the 4th of July (unless it is the official weekend celebration of the 4th). 5. September 26th – River’s Edge Wine Walk – This event was a huge success and brought people in from a number of surrounding communities. The businesses were very pleased because quite a number of out-of-towners “discovered” several new places to shop which has since brought repeat business to those on Main St. 6. In October we launched a 3 part networking training meeting held the 2nd Tuesday of each month. One of our chamber members volunteered to teach this and help business owners and employees learn how to network better. 6

7. October 30th – Business Trick or Treat on Main St. – EW planned and advertised the trick or treat event which attracted quite a crowd. This year it included a pumpkin parade organized by Waterford Stillhouse. We encouraged the Main St. businesses to provide activities for the families, and several participated in this which brought the businesses more income. 8. December 2nd – Racine and Me – The EW Executive Director, Dawn Brummel, was interviewed on Racine and Me and she promoted Waterford and the upcoming events. 9. December 5th – Ice Sculpting Show – EW sponsored the first Waterford ice sculpting show by Art Below Zero. Attendance was good but we don’t have an attendance estimate. 10. December 5th – Winter Wonderland Christmas Parade – The 22nd annual Christmas parade took place with record attendance – estimates were close to 5,000. Waterford was the only parade in the area that did not cancel. The event went well, and participants and attendees were delighted that we had visits with Santa and fireworks afterward. Thanks goes to the Waterford PD for helping it to run smoothly. 11. December 18th – Dueling Pianos Event – The New Piano Guys will provide Waterford with a great show at Brunos. Many out-of-town guests have reserved tickets, and some businesses are using this as their Christmas party. There are still some tickets left, so we encourage you all to come.

Explore Waterford is looking forward to 2021 and will continue to do our best to promote the community and businesses in order to make Waterford a great place to live and work. 7 VILLAGE OF WATERFORD BOARD REPORT

For additional information: http://www.waterfordwi.org

Meeting Date: December 14, 2020

Recommendation: That the Village Board accept the recommendation of the Plan Commission and approve the attached CSM

Background: The Village’s Vision Waterford 2018 Plan calls for the conversion of Fire Station 1 into a Brewery/Brewpub, as well as for the preservation of the areas immediately adjacent to the River as public walking paths.

This CSM facilitates both of those public policy goals, by creating 3 separate lots.

Lot 1 has a “no build easement” placed upon it, preserving sight lines for future development of properties along 2nd St, 3rd St, and Division St. The plan is to transfer this property to Waterford Brewing LLC for use as an outdoor seating, lawn game, and tented event area.

Lot 2 is the main building for Fire Station 1. This will be transferred to Waterford Brewing LLC following the completion and approval by both parties of a development agreement, and final Board approval of development plans.

Lot 3 is being retained by the Village for public parking.

All 3 lots have a 25’ public access easement recorded along the water for future installation of a public walkway and other pedestrian amenities. A bridge is also planned by the Village to be landed on Lot 1, connecting the East and West sides of the banks of the Fox River with a pedestrian bridge.

Fiscal Impact: The project is anticipated to have a minimum value of $650,000. If this is the assessed value on the project resulting from the transfer of lots 1 and 2, the project will generate $14,612 in increment to TID 4 annually (not adjusted for inflation), with a TID 4 lifetime increment value of $379,912.

Submitted,

Zeke Jackson Village Administrator

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 8

VILLAGE OF WATERFORD NOTICE OF PUBLIC HEARING

The Village of Waterford Village Board will hold a public hearing at the Village Hall, 123 N River St, Waterford, Racine County, Wisconsin before the Plan Commission meeting on Wednesday, November 18 at 6:00 PM or shortly thereafter and before the Village Board meeting on Monday, December 14, 2020 at 6:30 P.M, or shortly thereafter, for the purpose of considering a draft CSM for a Village owned parcel on North 2nd Street, 191-04-19-35-136-000, comprising 1.35 acres. The Village seeks approval of a preliminary draft of the CSM enclosed (back side).

A copy of the application documents and project plans, together with the Zoning Code are available for inspection. The project plans and application documents are available in the Zoning Administrator's office and may be viewed at 123 N River St. weekdays between 8:00 a.m. and 4:00 p.m. The application materials are further available on the Village of Waterford website: www.waterfordwi.org.

Written testimony, including email, will be accepted at the Village Hall, 123 N River Street, Waterford, WI, 53185, (FAX 262-534-5373) until 3:00 P.M. on the day of the meeting. Letters will be available for public inspection during normal business hours, until the close of business on the day of the hearing. Letters will be entered into the record; and a summary of all letters will be presented at the meeting, but individual letters may not be read. Anonymous correspondence will not be accepted. By order of the Village Board of the Village of Waterford.

Zeke Jackson Zoning Administrator [email protected] 9 10

RESOLUTION № 929-121420 Approving and Adopting a Certified Survey Map for Parcel 191- 041935136000, Commonly known as Fire Station #1, depicted as lots 1, 2 and 3 on the attached CSM.

WHEREAS, WATERFORD HAS IDENTIFIED THE NEED FOR DEVELOPMENT; AND

WHEREAS, THE VILLAGE’S COMMUNITY DEVELOPMENT AUTHORITY, PUBLIC WORKS COMMITTEE PLAN COMMISSION AND BOARD OF TRUSTEES HAS MET ON A NUMBER OF OCCASIONS AND CREATED A CONCEPT PLAN, IDENTIFYING A PATH FOR ORDERLY AND SUSTAINABLE DEVELOPMENT OF THE SITE IN THE VISION WATERFORD 2018 PLAN; AND

WHEREAS, AT ITS DECEMBER 10, 2018 MEETING, THE BOARD OF TRUSTEES AUTHORIZED ITS ADMINISTRATOR TO SELL PARCELS UNDER VILLAGE OWNERSHIP TO INTERESTED PARTIES; AND

NOW, THEREFORE, BE IT RESOLVED, THAT THE VILLAGE OF WATERFORD BOARD OF TRUSTEES HEREBY APPROVES AND ADOPTS THE ATTACHED CERTIFIED SURVEY MAP CREATING THREE (3) LOTS FROM THE PROPERTY COMMONLY DESCRIBED AS FIRE STATION #1 RACINE COUNTY PARCEL: 191041935136000 AS SUBSTANTIALLY DEPICTED IN THE ATTACHED PLAT MAP

NOW, BE IT FURTHUR RESOLVED, THAT LOT 1 SHALL HAVE A PERMANENT “NO BUILD EASEMENT” GRANTED TO THE VILLAGE (AS A CONDITION OF SALE) FOR THE VILLAGE’S SOLE BENEFIT AND FOR THE PRESERVATION OF SITE LINES FOR FUTURE DEVELOPMENT AS INDICATED IN THE VILLAGE’S MASTER PLANS AND AS MAY BE UPDATED BY THE VILLAGE AT IT’S SOLE DISCRETION.

INTRODUCED at a regular meeting of the Board of Trustees of the Village of Waterford held this 14th day of December, 2020.

Passed and adopted this 14th day of December 2020.

______Don Houston, Village President

ATTEST:

______VOTE: Ayes _____ Noes _____ Rachel Ladewig, Village Clerk

11 VILLAGE OF WATERFORD BOARD REPORT

For additional information: http://www.waterfordwi.org

Meeting Date: December 14, 2020

Recommendation: That the Village Board authorize staff to execute the attached “intent to withdraw” notice letter and to send said letter to the Central Racine County Health Department.

Background: The Village and other served communities were approached earlier in the year by County and Health Department leadership to discuss recombining CRCHD and County Government in the future. The initial proposal provided for an 8 year transition period, and a gradual shifting of taxes from the individual communities to the County.

This consolidation was looked at for a number of reasons, but chief among them, was the inability to qualify for some Federal funding based on the non-county or city organizational structure of our current department.

County and CRCHD leadership has asked us to take this initial step while they finalize work with WI DOR and DHHS on the consolidation. State Statute requires a 1 year notice to withdraw from services, and the attached letter meets that statutory requirement.

The last update from the County and CRCHD officials was in early November, at which time officials thought that instead of an 8 year transition, we would make the funding shift all in one year at the beginning of 2022.

Fiscal Impact: This move, once completed, would transfer approximately $45,000 in annual funding from the Village’s levy to the County’s levy. Overall, based on comparative community values, this plan should reduce the “per capita” fiscal burden on Village Residents.

Submitted,

Zeke Jackson Village Administrator

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 12

December 14, 2020

Ms. Gesner,

Please accept this letter as formal written notice pursuant to Wis. Stat. § 251.15(2m) of the Village of Waterford’s intent to withdraw from the Central Racine County Health Department.

Consolidating health services currently provided by the Central Racine County Health Department into a single county health department through an equitable cost allocation will enhance public health, improve coordination of a community health improvement plan, improve coordination of response to community health needs and health problems, and maximize efficiency of public resources. To that end, [Municipality] supports the establishment of the Racine County Health Department which shall provide the services of a Level III local health department, with a local health officer who meets the qualifications specified by Wis. Stat. § 251.06(1)(c), and which shall serve all areas of Racine County not otherwise served by a city, village, or town local health department. [Municipality] further supports the establishment of the Racine County Board of Health in accordance with Wis. Stat. § 251.03, the members of which shall be appointed by the Racine County Executive, subject to confirmation by the Racine County Board of Supervisors, and which shall exercise its powers and duties set forth at Wis. Stat. § 251.04.

Contingent on entering into a MOU between the County, CRCHD, and other presently served communities, it is our intent to withdrawal from the Central Racine County Health Department on December 31, 2021

Don Houston Village President Village of Waterford

Village of Waterford | 123 North River Street | Waterford WI 53185 | 262.534.3980

13 VILLAGE OF WATERFORD BOARD REPORT

For additional information: http://www.waterfordwi.org

Meeting Date: December 14, 2020

Recommendation: That the Village Board approve the attached contract for police services with the Town of Waterford.

Background: The Village has had a contract for the last 5 years with the Town of Waterford for police services. After almost 2 years of discussions, the Finance Committee has recommending splitting coverage between two service providers. The Town will continue to provide coverage during 1st Shift, as well as to provide the officer that will serve as the High School SRO (funding is not provided by the Town, with the position being paid for by the Village and High School).

Randomly scheduled 2nd And 3rd shifts will be covered predominately by Racine County Sheriff’s Department.

Fiscal Impact: $145,000 in annual funding for the Town Contract, and an additional $200,500 in funding for the Sheriff’s contract.

Submitted,

Zeke Jackson Village Administrator

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 14

CONTRACT FOR POLICE SERVICES

THIS CONTRACT made and entered into this ______day of December 2020 by and between the Village of Waterford, Racine County, Wisconsin (hereinafter the “Village”), and the Township of Waterford, Racine County, Wisconsin (hereinafter the “Town”),

WHEREAS, the Village is desirous of having police protection services furnished by the Town; and

WHEREAS, the Town has the facilities, equipment and personnel to provide said police protection service; and

THEREFORE, in consideration of the promises and the mutual covenants of the parties hereto, and pursuant to Wis. Stats. §§61.65(1)(a)(2) and 66.0301(2), as applicable therein and under any other applicable statute or common law, it is agreed as follows:

1. Term. In accordance with the terms of this Contract and provisions hereof and Appendix(ices) A and B, attached hereto, the Town shall provide police protection service to the Village. This contract shall be effective January 1, 2021 and shall continue until and including December 31, 2025, unless sooner terminated as stated herein. Either party may terminate this contract by providing written Notice of Termination, via certified mail/return receipt requested, to the other party. Such Termination shall take effect, unless agreed upon otherwise, One Hundred and Eighty Days (180) from the Date of the Notice of Termination.

2. Geographical and Lawful Scope of Enforcement. The Town officers, providing services to the Village under this Contact, shall provide the same within the corporate limits of the Village. The Town will enforce the laws of the State of Wisconsin and those ordinances of the Village which have been duly adopted. During the term of this Contract the Village shall immediately furnish the Town with the ordinances adopted to date and any adopted after the execution of this Agreement

3. Supervision.

A. The Town Police Chief, or his express designee or implied designee by way of the ranking Town officer on duty, shall have supervisory control over the Town police providing service to the Village.

(1) Every Town officer assigned to the Village shall still be deemed a sworn officer of the Town while performing the services, duties and responsibilities hereunder and is vested with the police powers of the Town that are necessary to provide the police services withing the scope of this contract, and hereby are vested with the additional power to enforce the applicable ordinances of the Town or Village, to make arrests or issue citations incident to the enforcement of the applicable Town and Village ordinances, and to perform other tasks as reasonable and necessary in the exercise of the powers.

(2) All Town officers, as well as any other sworn personnel assigned under this Contract, are employees of the Town and are not employees of the Village. They are and will continue to be part of the Town Police Department command structure.

B. The Village may provide input to the Town Police Chief regarding any officer assigned to the Village. The Chief shall consider any requests or suggestions made by the Village regarding personnel assignments and service to be rendered, but the Chief shall have final authority to make final decisions as to the personnel and the manner in which such services shall be rendered.

4. Ancillary Duties. In addition to those patrol functions pertaining to enforcement of state law and local ordinances, responding to calls for service, conducting crime prevention patrols and proactive policing, the Village shall further support, with its contracted police officer, the following ancillary duties, including, but not limited to:

• Enforce Village ordinances. speed limits and parking and traffic rules • Provide Community Oriented Policing Including business and licensed premises visits • Perform background checks on license applicants • Serve process within Racine County when requested by the Village, except service of process or notices on the Town • Notify the Village and/or DPW when there are slippery or dangerous road conditions • Enforce the Village's dog at large ordinance and impound dogs picked up within the Village boundaries in the Village holding facility • The on-duty officer will serve as the Municipal Court officer on days the officer is scheduled in which court is in session, beginning one-half hour before court begins. The Racine County Sheriff’s Department may provide a Municipal Court officer on court dates the Town officer is off duty.

5. Staffing. During the term of this Contract, the Town shall provide one (1) First Shift officer, eight (8) hours per day, five days per week based upon a rotating 5 on 2 off, 5 on 3 off, schedule. First Shift shall generally be the same as that First Shift operated by the Town Police Department and generally between the hours of 6am and 4pm.

6. School Resource Officer. To the extent the Waterford Union High School and Waterford Graded School is funding a School Resource Officer (hereinafter the “SRO”), and during the term of this Contract, the Town shall provide at least one (1) full time SRO as a Town officer contracted to the Village. The SRO will be placed at Waterford Union High School (hereinafter “WUHS”). The Village shall be solely responsible for the costs of the SRO during non-school months (i.e. summer break). Should the SRO position not be funded by the Waterford Union High School or the Waterford Graded School, this provision shall be null and void.

7. Cost of Contract Services. The Village shall pay the total cost of law enforcement services within the Contract based upon the following:

The gross hourly cost (including retirement, health care and any additional fringe benefits together with the gross hourly wage) for the officer/sergeant providing Contract and SRO services under this contract.

The Town shall invoice the Village on a monthly basis for the hours of Police Services and SRO Services provided in the prior month. Said Invoice shall be due within _30____ day of receipt. Together with the Invoice, the Town shall provide a breakdown of the hours provided.

A. Upon request, the Town shall cooperate with the Racine County Sheriff’s Department to plan and staff special events held in the Village, including the 4th of July and Christmas parades, and the Art Walk. Any provision of services for planning or staffing, shall be compensated at the Hourly Rate for such Officer, including any multiplier for overtime.

B. For budgeting purposes, the estimated total yearly per full-time officer cost for law enforcement services is based on 2,080 working hours per year. Any and all wage costing under this Contract shall be based upon the contractual cost to the Town (wage and fringe benefits).

8. Transportation Costs.

A. The Village owns and shall provide the Village Squad (“701”) for the Town’s Village Patrol use under this Contract. The Village shall be responsible for all costs of equipment, maintenance, upkeep and replacement. The Village shall provide a “gas card” allowing the vehicle to be fueled.

B. In the event the SRO utilizes a Town Squad, the Village shall reimburse the Town for such mileage use at the Federal reimbursement rate.

C. While this contract is in full force and effect, the Village shall budget monies for the purchase of a new squad, $15,000 per year budgeted in first two years, $8,000 each year thereafter to provide a new squad after two years to replace the Village Patrol Squad “701”.

9. Dispute Resolution. Unless prohibited by law, all disputes under this contract shall be resolved through binding arbitration. An aggrieved party shall serve the opposing Party with a demand for Arbitration. Such demand shall identify the substance of the dispute and the demanded relief sought. Should the demand not result in resolution within twenty- one days, either party may institute Arbitration proceedings with the American Arbitration Association (“AAA”). The Town and Village shall both select an Arbitrator from a list of

17 approved AAA Government Arbitrators or Commercial Arbitrators. Those two Arbitrators shall jointly select a third Arbitrator. The third Arbitrator shall arbitrate any dispute hereunder. selected. The arbitrators' expenses and fees, together with the other expenses, not including counsel fees. incurred in the conduct of the arbitration shall be divided equally between the parties. Each party shall pay its own counsel fees. The arbitrator’s decision shall be final and not subject to judicial review. Where arbitration is prohibited by law, the parties may use any remedy available under Wisconsin law including the commencement of a lawsuit in a circuit court. These arbitration provisions shall survive the termination of this contract. If Court action is commenced, all parties shall waive any right to a jury trial.

10. General Provisions. The following general provisions shall apply to this Contract:

A. No Waiver. The failure of either party to this Contract to insist upon the performance of any of the terms and conditions of this Agreement, shall not be construed as thereafter waiving any such terms and conditions, but these shall continue in full force and effect as if no waiver had occurred.

B. Binding Effect. This Contract shall be binding upon and inure to the benefit of the respective heirs, personal representatives, successors and assigns of the parties.

C. Governing Law. This Contract shall be governed by, construed and en- forced in accordance with the laws of the State of Wisconsin.

D. Entire Agreement. This Contract shall constitute the entire Contract between the parties with regard to the provision of police services and any prior understanding or representation of any kind concerning such employment which preceded the date of this Contract shall not be binding upon either party except to the extent incorporated in this Agreement.

E. Severability. If any provision of this Contract shall be unenforceable under the laws of Wisconsin or any other applicable law, at the present time or in the future, such unenforceability shall not affect the enforceability of the remaining provisions of this Con- tract. This Contract shall be deemed to be modified and amended so as to be in compliance with applicable law, and this Contract shall then be construed so as to best serve the inten- tion of the parties at the time of the execution of this Agreement.

F. Modification. Any modification of this Contractor additional obligation assumed by either party in connection with this Contract shall be binding only if placed in writing and signed by each party or an authorized representative of each party.

G. Assignment of Rights. The rights of each party under this Contract are personal to that party and may not be assigned or transferred to any other person, firm, corporation, municipal entity, law enforcement agency or other entity without the prior, express and written consent of the other party.

H. Claims. The parties shall report to the other party any actual or threatened claim against the either party relating to the Town’s provision of police services on behalf of the Village. These duties survive termination of this Agreement.

I. Attorney’s Fees and Costs. In the event either party seeks to enforce any provision of this Agreement, the prevailing party shall be entitled to recover from the other party any and all court costs, disbursements, and actual attorneys’ fees incurred by the other.

J. Notice. All notices which are required to be given hereunder must be in writing and must be given either by personal delivery or by registered or certified mail, and will deem to have been given when personally delivered or when deposited in the mail, postage prepaid, addressed to the Town or Village at their statutory location.

K. Indemnification. Both the Town and the Village agree to indemnify each other and each other’s officers, agents and employees from any and all claims, suits, de- mands and causes of action arising from any act or omission of either party to this Contract causing injury to any person or persons or property whomsoever and whatsoever, including attorney fees incurred herein, however nothing contained here is intended to be a waiver or estoppel of each other’s rights to rely upon the limitations, defenses and immunities contained within Wisconsin law, including, without limitation, those contained within Wis. Stats. §§§893.80; 895.52; and 345.05. To the extent that indemnification is available and enforceable, neither the Town nor the Village is liable in contribution or indemnity for an amount greater than the limits of liability for municipal claims as established by Wisconsin law.

11. Independent Contractor Status. It is agreed and understood between the parties hereto that the Town shall be considered an independent contractor as that term is defined by common law and by the Internal Revenue Service and the Wisconsin Department of Revenue and none of the town employees providing service to the Village shall be considered an employee or the Village of Waterford and entitled to any benefits from the Village including, but not limited to: health benefits; vacation time; sick leave, retirement benefits, workers compensation. All officers conducting law enforcement activities under this Contract shall remain employees of the Town of Waterford, which shall provide workers compensation Insurance; liability insurance and all other applicable benefits to its employees.

12. The Town will provide a monthly activity report to the Village that will include the details of the services provided by the Town. It will also provide a breakdown of the amount of time spent at the schools and the home municipalities of those involved. Upon request by the Village, the Police Chief or his designee shall attend the Village Board meeting of the month to report on the activities.

13. In the event that a conflict arises from the written terms of this Contract and Appendix A and/or B, the written terms of this Contract shall control.

IN WITNESS WHEREOF, the parties have hereto set their hands this ___ day of December

2020

ATTEST: TOWN OF WATERFORD:

By: Town Chairman

By: Town Clerk

ATTEST: VILLAGE OF WATERFORD

By: Village President

By: Village Clerk

00353113.docx

DRAFTED BY:

Todd A. Terry, Attorney at Law SBN: 1047175 4003 80th Street, Suite 101 Kenosha, WI 53142 Telephone: (262) 842-2338 Facsimile: (262) 584-9949 Email: [email protected]

APPENDIX B

Three (3) Tasers, One (1) for Full-time Officer, one (1) for SRO and One (1) spare. The Village shall pay for related equipment (holsters, cartridges, battery packs, data-port download and warranty package full replacement after five (5) years).

The Village shall pay for body worn and/or in squad cameras, maintenance/storage fees for camera’s used by Village assigned officers and Village owned squads in the event the Town of Waterford Police Department should adopt one or both of these policies.

The contractual amount for the assigned officer’s/sergeant’s and SRO’s annual Uniform Allowance.

(rev. 11/15/20)

21 VILLAGE OF WATERFORD BOARD REPORT

For additional information: http://www.waterfordwi.org

Meeting Date: December 14, 2020

Recommendation: That the Village Board approve the attached police services contract with Racine County Sheriff’s Department

Background: This item has come at the recommendation of the Village’s Finance Committee.

Fiscal Impact: $200,500 in first year outlay for policing coverage.

Submitted,

Zeke Jackson Village Administrator

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 22 RACINE COUNTY SHERIFF’S OFFICE 717 Wisconsin Avenue, Racine, WI 53403-1237 (262) 886-2300 FAX (262) 637-5279 Waterford (262) 534-5166 Burlington (262) 763-9558 ______Sheriff Christopher Schmaling Chief Deputy John C. Hanrahan

AGREEMENT

THIS AGREEMENT, entered into this ____ day of ______, 2020, between Racine County, a quasi- municipal corporation (hereinafter referred to as "County") and the Village of , a municipal corporation located within Racine County (hereinafter referred to as the "Village"),

WHEREAS, the Village desires to purchase police services and protection within the Village, the Village being willing to assume the cost of this protection; and,

WHEREAS, the County is willing to provide this police protection to the Village under certain terms and conditions.

NOW, THEREFORE, IT IS AGREED by and between the parties as follows:

1. That the County agrees to furnish and the Village agrees to pay for police services upon the terms and conditions as set forth and appendix "A" as attached hereto.

2. The law enforcement services provided by the County shall generally include the enforcement of all local ordinances in effect in the Village. The Sheriff of Racine County shall have supervisory control over the personnel providing these services. The Sheriff shall consider any requests or suggestions made by the Village, but the Sheriff shall retain final authority to make the final decision as to the manner in which such services shall be rendered.

3. It is agreed that, whenever possible, all arrests made in the Village by Deputy Sheriffs contracted for and assigned to the Village shall be made under municipal ordinance. It is understood that prosecution costs are not covered in the administrative costs.

4. It is agreed that the Sheriff, whenever possible, will cooperate with the Village Municipal Court in scheduling the Deputies to perform the services herein, so as to permit a Deputy to testify in court during his regularly scheduled shift in an effort to minimize overtime for court appearances.

5. By June 1st of any year, either party may terminate this agreement for the following year by notifying the other parties in writing. If the Village desires a reduction or increase in services for the following year it must notify the County by June 1st. In the event that both parties desire to continue to contract for police services for the following year, the County shall provide to the Village by August 1st of any year the estimated costs for police services for the following year. By August 1st, the Village shall provide to the County any schedule or format changes they would like the following year.

6. This agreement shall be for a one-year period commencing on January 1st of any given year unless the parties mutually agree upon a different period.

Executed at Racine County, Wisconsin, on the date and year first above written.

VILLAGE OF UNION GROVE RACINE COUNTY

______Village President Sheriff

______Village Clerk County Executive

Capt. Daniel Adams 24 RACINE COUNTY SHERIFF’S OFFICE 717 Wisconsin Avenue, Racine, WI 53403-1237 (262) 886-2300 FAX (262) 637-5279 Waterford (262) 534-5166 Burlington (262) 763-9558 ______Sheriff Christopher Schmaling Chief Deputy John C. Hanrahan

Friday, December 11, 2020

APPENDIX "A"

This appendix contains the terms and conditions for the provision of police services by the County of Racine for the Village of for the contract year 2020. The terms and conditions for this agreement for the year 2020 are as follows:

1. The total cost of law enforcement services is based on hours of service for one deputy in a calendar year. The cost includes; salaries, fringe benefits, administrative costs, vehicle depreciation, fuel, and maintenance.

2. The total yearly per officer cost for law enforcement services is based on working hours per year. The hourly rate and total cost per year is indicated in Appendix “B”.

3. The Village will be billed monthly based on the services provided on an hourly basis, plus mileage. Mileage is based on the average of the last 3 years at the per mile rate indicated in Appendix “B”. The village will be billed the “Monthly Cost” indicated in Appendix “B”.

4. The County will provide coverage based on the need for services. The method of deployment will be in the manner set forth in the scheduling of squad cars as approved by the Sheriff and the Village.

5. An annual adjustment will be made at the end of the calendar year if the RCSO did not provide the required total annual hours as a result of a Village Squad being called out of the Village to answer a Sheriff’s Office call. The reduction will be made at the same hourly rate as indicated in appendix “B”.

25 VILLAGE OF WATERFORD BOARD REPORT

For additional information: http://www.waterfordwi.org

Meeting Date: December 14, 2020

Recommendation: That the Village Board approve the attached Architectural Services contract with Pure Architecture for Waterford Lofts II.

Background: The Village has taken over the driver’s seat of it’s own economic destiny. While still exploring public-private partnership options through an RFQ process, this contract award allows the Village to have significant control as to the form and function of the redevelopment of the Waterford Lofts II site in Downtown (formerly the site of Waterford Automotive).

The attached contract is a “time and materials” contract, with a “not to exceed” value of $97,500

Fiscal Impact: up to $97,500 in initial outlay through TID 4. The Village has Condo Reservation documents from Community State Bank as well as Java Jo’s for ultimate owner occupancy of the first floor of the Waterford Loft’s II building. When complete, the project is estimated to be valued at approximately $4-6 Million,

This would yield annual increment of $89,920 - $134,520, for a TID 4 lifetime increment capture of $2,337,920 to $3,497,520.

Submitted,

Zeke Jackson Village Administrator

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 26

Architectural Services Proposal

November 30, 2020

Village of Waterford Attention: Jody Beer RE: RFP for Professional Architectural Services for Waterford Lofts #2 RFP No. 10282020 123 N. River St. Waterford, WI 53185

PURE architecture studio, llc 735 N. Water Street, Suite 1228, Milwaukee, WI 53202 414.319.9016 www.pure-arch.com 27

November 30, 2020

Village of Waterford 123 North River Street Waterford, WI 53185

RE: Proposal for Architectural Services (RFP# 10282020)

Dear Jody Beer:

We are pleased to submit a proposal and qualifications for architectural services for the Waterford Lofts #2 project. It is our understanding the Village would like to do a 3-Story Mixed- Use building with approximately 9,000 s.f. of White Box space on the main floor, and two floors of condominiums above. The project will be located on the Northeast Corner of Main and Milwaukee Street in the Village of Waterford, Wisconsin. We intend to work with your team to design the building to blend in with the Waterford Lofts #1 project and the surrounding community. We would encourage bringing on a Construction Manager at Risk as soon as possible to help ensure the project meets the required budget. Having grown up in Waterford, I have a strong understanding of the project and what the village is looking to achieve.

PURE architecture studio, llc is very interested in working with you on this project and we have assembled a highly skilled team of professionals. For Mechanical, Electrical & Plumbing Design, we have selected Alkemeyer and Associates and for Structural Design, we have selected Pierce Consulting Engineers. Collectively, we believe our team is best suited for your project as our creativity and experience are a great fit as we navigate through this challenging project.

We are prepared to begin the design process immediately and will commit to have the staff available when you are ready to proceed. We accept the conditions outlined in RFP #10282020 dated 10/28/2020 and our proposal is good for 90 days. If you have any questions regarding this proposal, please don’t hesitate to contact me. I have found the best architectural designs have come thru an open collaborative process and we look forward to working with your team. We would be happy to come in for an interview so you can learn more about our team and to discuss your project in further detail.

Warm Regards,

Bob Rowe, NCARB President/ Creative Director PURE architecture studio, llc 414.319.9016 [email protected]

PURE architecture studio, llc 735 N. Water Street, Suite 1228, Milwaukee, WI 53202 414.319.9016 www.pure-arch.com 28

PURE architecture studio, llc ARCHITECT TEAM MEMBERS EXPERIENCE & QUALIFICATIONS 29

Bob Rowe, NCARB LEED AP

Bob is the President and Creative Director of PURE architecture studio, with more than 25 years of experience. He manages the firm’s innovative design department and enjoys working on a variety of projects. Bob’s passion and creativity can be seen throughout his projects which have been recognized by the Boulder Historical Society, Governor’s Smart Growth initiative, Ski Magazine, Wisconsin Community Banking News, North-Western Financial Review and Bank News.

Project History

Commercial & Financial Agracel Inc. – Effingham, IL Medical American Family Insurance – Boulder, CO Chautaqua Health Clinic – Boulder, CO Dieterich Bank Headquarters – Effingham, IL Graycar Chiropractic – Boulder, CO Dieterich Bank Branch – St. Elmo, IL Heartland Dental – Greencastle, IN Hometown Community Bank – East Peoria, IL Heartland Memory Care – Effingham, IL Horizon Bank @ The Steel Yards – Boulder, CO Marshall Medical Clinic – Effingham, IL J&J Ventures – Effingham, IL Message Envy – Delafield, WI Members Community Credit Union – Muscatine, IA Mukwonago Animal Hospital – Mukwonago, WI Midland States Bank Headquarters – Effingham, IL Kenosha Medical Complex – Kenosha, WI Midland States Bank Branch – Effingham, IL Pyramax Bank – Several Branches – Southeast WI Mixed-Use Rush Truck Center – Effingham, IL 12 Maples Center - Boulder, CO East End Complex – Boulder, CO Hospitality & Restaurant Pearl Street Cove – Boulder, CO BE fitness – Delafield, WI Steel Yards Development – Boulder, CO Bruegger’s Bagels – Multiple locations Effing Brew & Grill – Effingham, IL Residential Essentials Spa at the Marriot – Boulder, CO Holiday Tri-Plex @ The Studio Mews – Boulder, CO Hofbrauhaus St. Louis – Belleville, IL Iris Hollow Development – Boulder, CO Hyatt Place – Jonesboro, AR (Design 80% Complete) Lake Park Condos – Menasha, WI Hyatt Place - Belleville, IL (Design 60% Complete) The Lofts – Effingham, IL Littaritz Fitness Club – Delafield, WI The Town Houses of The Steel Yards – Boulder, CO Monsoon Restaurant – Milwaukee, WI The Row Houses of The Steel Yards – Boulder, CO OSRUI Aquatic Center – Oconomowoc, WI Trucker’s Pub – Effingham, IL Retail Qdoba Mexican Grill – Multiple locations Fresh Produce – Multiple locations Nationally Yaffa Restaurant – Milwaukee, WI HW Home – Boulder and Broomfield, CO Zyng Asian Grill – Milwaukee, WI Jack Flash Convenience Store – Belleville, IL Peterbilt Sales and Service – De Forest, WI Industrial Pick n Save – Multiple locations in Wisconsin ABB Inc. – New Berlin, WI Pranke Holding LLC – Multiple locations in Wisconsin Triangle Tool-Milwaukee, WI Title 9 Sports – Boulder and Denver, CO Trig’s Smokehouse – Rhinelander, WI Trig’s Grocery Center – Minocqua, WI Waukesha Engine – Waukesha, WI Village Square – Delafield, WI PURE architecture studio, llc 735 N. Water Street, Suite 1228 Milwaukee, WI 53202 414.319.9016 | 414.416.5196 www.pure-arch.com 30

Project History (continued)

Municipal Teutopolis Village Hall – Teutopolis, IL Waterford Fire Station Dormitory – Waterford, WI

Education B.ENVD in Architecture University of Colorado – Boulder

Professional Registrations Colorado Florida Illinois Indiana Wisconsin

Professional Credentials The American Institute of Architects Association of Licensed Architects Building Enclosure Council National Council of Architectural Registration Boards US Green Building Council

PURE architecture studio, llc 735 N. Water Street, Suite 1228 Milwaukee, WI 53202 414.319.9016 | 414.416.5196 www.pure-arch.com 31

Adam Almquist, NCARB LEED AP

Adam is the Executive Vice President of PURE architecture studio, with more than 18 years of design and project management experience. His master planning, schematic design, and construction administration skills offer clients high quality service and inspiring design. Specializing in multi‐family, retail, commercial, and financial projects, Adam enjoys working alongside owners to understand their goals and tailor designs to meet their unique needs.

Project History

Multi‐Family Residential Financial & Commercial 92nd Street Commons – West Allis, WI Avaii Wealth Management – Grand Chute, WI Breeze Terrace – Pleasant Prairie, WI Bank Midwest – Fairmont, MN Clearwater – Waukesha, WI Bank Midwest – Jackson, MN Clearwater Phase 2 – Waukesha, WI Bank Midwest – Windom, MN The Granary – Union Grove, WI Catalyst Construction – Neenah, WI Grandview Townhomes – Grand Chute, WI Community State Bank – Morrison, IL Hidden Lake Preserve – Brookfield, WI Fort Snelling Federal CU – Minneapolis, MN Lake Park Condos – Menasha, WI Hometown Community Bank – East Peoria, IL Lakeshore Ridge – Menasha, WI J&J Ventures – Effingham, IL Luxe – Sheboygan, WI Midland States Bank Headquarters – Effingham, IL Mammoth Springs – Sussex, WI Niles Township Schools CU – Morton Grove, IL Mammoth Springs South – Sussex, WI Northwest Bank – Spencer, IA Prairie Grass – Pewaukee, WI Oakdale Credit Union – Oakdale, WI Rock Pointe Village – Lannon, WI Palmer Bank – Taylorville, IL The Reef – Wauwatosa, WI State Bank of Niantic – Niantic, IL The Gifford State Bank – Gifford, IL Hospitality & Restaurant The Gifford State Bank – St. Joseph, IL BE fitness – Delafield, WI Foxtown Building B Restaurant – Mequon, WI Retail Littaritz Fitness Club – Delafield, WI Children of America – St. Charles, IL OSRUI Aquatic Center – Oconomowoc, WI Glendale Retail Center – Glendale, WI Qdoba Mexican Grill – Madison, WI Granite Financial – Brookfield, WI Qdoba Mexican Grill – Menomonee Falls, WI Fleet Farm – Oconomowoc, WI Qdoba Mexican Grill – Milwaukee, WI Fleet Farm Gas – Oconomowoc, WI Qdoba Mexican Grill – West Bend, WI Mammoth Springs Retail – Sussex, WI Zyng Asian Grill – Milwaukee, WI Pick n Save – Mount Pleasant, WI Pilgrim Retail Center – Menomonee Falls, WI Municipal Silver Spring Retail Center – Milwaukee, WI Teutopolis Village Hall – Teutopolis, IL Trig’s Grocery Center – Minocqua, WI

Medical Industrial Children’s Hospital of Wisconsin – Brookfield, WI Waukesha Engine – Waukesha, WI Kenosha Medical Complex – Kenosha, WI

PURE architecture studio, llc 735 N. Water Street, Suite 1228 Milwaukee, WI 53202 414.319.9016 | 414.416.5196 www.pure-arch.com 32

Education Master of Architecture University of Wisconsin – Milwaukee

Bachelor of Science, Architectural Studies Summa cum laude University of Wisconsin – Milwaukee

Minor in Urban Planning (certificate) University of Wisconsin – Milwaukee

Professional Registrations Wisconsin

Professional Credentials National Council of Architectural Registration Boards US Green Building Council Occupational Safety and Health Administration

PURE architecture studio, llc 735 N. Water Street, Suite 1228 Milwaukee, WI 53202 414.319.9016 | 414.416.5196 www.pure-arch.com 33 34 35 36 37

Pierce Consulting Engineers STRUCTURAL ENGINEER TEAM MEMBERS EXPERIENCE & QUALIFICATIONS 38

Company Profile

About

Founded by Richard Pierce in 1991 and then incorporated in 1995, PIERCE ENGINEERS, INC. (PE) has grown from a single person business to 50+ professionals. We work on a varying range of building types, with projects located across numerous states and servicing many different clients. We are headquartered in Milwaukee, WI and have an additional office in Madison, WI. PE is comprised of engineers who strive to solve our client’s structural challenges. Providing structural engineering solutions driven by functionality and cost efficiency is an objective that we have successfully met for over two decades. Throughout those years, we cultivated client relationships with owners, developers, architects and general contractors.

Vision We are motivated by new opportunities and the confidence that our clients have in us to help them make their projects a reality. We are inspired by the responsibility of helping to shape a skyline with structures that will offer longevity and function. We will continue to staff our offices with professionals who look to the future and remain dedicated to help PE apply our founding principles: . Delivering personal and collaborative attention, given by a knowledgeable and experienced engineering staff on every project - large or small, simple or complex . Utilizing the cutting-edge, technological tools of our industry to help our staff provide quality engineering solutions required by all projects . Shaping each project’s design intent with a functional, efficient, cost-effective engineering product . Developing and maintaining client relationships with a company culture that Milwaukee is built on pride, confidence and trust 181 N. Broadway Milwaukee, WI 53202 414.278.6060

Mission Statement

Madison PE supports the construction community by providing innovative yet practical structural engineering solutions developed collaboratively, exceeding 222 W. Washington Ave. #650 expectations of a diverse client base. Madison, WI 53703 608.256.7304 PE accomplishes this by attracting, developing and retaining employees who possess technical expertise, personal integrity and a commitment to excellence, ensuring they complement each client and project.

PE sustains these concepts by fostering an internal culture valuing ingenuity, strong understanding of construction economics and highly interactive, holistic approaches to clients and projects.

www.PierceEngineers.com

Structural Engineering Services

PE offers its structural engineering services to architectural and construction clients for adaptive reuse and renovation, corporate HQ/office, education, financial, healthcare, hospitality, industrial, parking, retail and mix use, residential, senior living and worship markets. Our services are provided to all phases of project development and delivery, specializing in the assessment, investigation, analysis, and design for new buildings/structures and renovation, restoration, and repair of existing buildings/structures, including:

Analysis Existing Conditions Evaluation and . Conceptual analysis and design Investigations . Computer modeling . Structural capacity assessment and reinforcing . Seismic and wind . Forensic engineering . Long span structures . Seismic assessment and retrofit . Vibration, explosion control, blast resistance . Building façade assessment . High and low-rise structures Structural Renovation and Restoration Services Foundations . Structure deterioration, . Shallow foundation systems investigation and repair . Mat foundation systems . Foundation deterioration, . Deep foundation systems investigation and repair . Retaining structures . Structural alterations and reinforcement Structural Systems Design . Structural, non-structural and . Cast-in-place concrete historic building elements. structures . Concrete . Post tensioned and . Masonry conventional reinforced . Waterproofing and . Tilt-up and precast protection structures . Facility maintenance and . Wood framed structures construction document . Stick framing management . Heavy timber framing . Glulam framing . Structural steel structures . Composite steel framed structures . Steel joists and girders . Monumental steel structures

www.PierceEngineers.com

Engineers

. . Shilak Shakya, PhD, PE, SE Randy S. Elliott, PE

Senior Structural Engineer Managing Principal

. . Thomas M. Hildebrandt, PE Peter D. Crocco, PE

Structural Engineer Principal

. . Serena H. Gilles, PE, SE Eric P. Feile, PE

Principal Structural Engineer

. . Sarah L. Frecska, PE, SE, LEED AP Dustin J. Kuderer, PE

Structural Engineer Principal

. . Michael J. Majer, PE Seth W. Pfeil, PE

Principal Structural Engineer

. Kyle D. Malloy, PE

Structural Engineer

. Andrew M. Blau, PE

. Project Manager Ahraaz I. Qureishi, PE

Structural Engineer

. Tom J. Cowan, PE

. Project Manager Kenneth C. Sosinski, PE

Structural Engineer

. Jonathan W. Hoeltke, PE

Project Manager

. Lucas B. Marshall, PE, SE

Project Manager

. Ryan Neumann, PE

Project Manager

. Robert A. Pine, PE, SE

Project Manager

. Abby J. Reuter, PE

Project Manager

States of Licensure

Alabama Maryland Oklahoma Arizona Massachusetts Oregon Arkansas Michigan Pennsylvania California Minnesota Rhode Island Colorado Mississippi South Carolina Connecticut Missouri South Dakota Florida Montana Tennessee Georgia Nebraska Texas Idaho Nevada Utah Illinois New Hampshire Vermont Indiana New Jersey Virginia Iowa New York Washington Kansas North Carolina West Virginia Kentucky North Dakota Wisconsin Maine Ohio Wyoming

www.PierceEngineers.com

Professional Profile

Eric P. Feile, PE Principal

Background: Mr. Feile is a licensed professional engineer working in the structural engineering field since 2003. During this time, he has served as a project engineer and manager for a wide variety of projects, with an emphasis on industrial projects, corporate, residential and retail projects. This includes extensive work on both new facilities and retrofit of existing structures. In this role, he serves as the prime client contact from project inception and design through construction administration. At PIERCE ENGINEERS, INC. (PE), Mr. Feile brings an emphasis on service, working closely with clients in developing solutions to their structural needs. To achieve this goal, he approaches each project with an emphasis on communication and teamwork. All members of the design team have the same Contact Information goal, which can be achieved through collaboration, creativity, and open- mindedness of the design team. Milwaukee Office 181 N. Broadway Milwaukee, WI 53202 Professional Experience: since April 2003 PIERCE ENGINEERS, INC. since April 2003 P: 414.278.6060 F: 414.278.6061 Education: D: 414.988.7464 Masters of Science in Civil Engineering [email protected] University of Wisconsin - Milwaukee

Bachelor of Science in Architectural Studies University of Wisconsin - Milwaukee Registrations

Professional Affiliations: Professional Engineer –WI ▪ Structural Engineers Association of WI (SEA-WI) ▪ American Institute of Steel Construction (AISC)

Professional Awar ds & Publications: ▪ “Load Testing of a Precast Concrete Double-Tee Flange Connector” PCI Journal, vol. 49, no.3, 84-94 (2004). Co-Author: A.F. Shaikh

www.PierceEngineers.com

Professional Profile

Thomas J. Cowan, PE Project Manager

Background: Mr. Cowan is a leader in wood framed project design at Pierce Engineers. He is familiar with all components of wood framed construction to efficiently design structures with the most economical materials, while focusing on system constructability and performance. He is skilled in preparing complete structural documents for various project types including retail, residential, senior living, mixed use, industrial and corporate. He is experienced with the structural design of all types of building systems including steel frame, cast-in-place and precast concrete, masonry and wood buildings. Mr. Cowan’s responsibilities include structural engineering design, in-depth coordination of design with architects and other consultants, supervision and mentoring of technicians and project Contact Information engineers, and construction administration services. Milwaukee Office 181 N. Broadway Professional Experience: since July 2002 Milwaukee, WI 53202 PIERCE ENGINEERS, INC. since July 2004 P: 414.278.6060 Education: F: 414.278.6061 D: 414.988.7471 Bachelor of Science in Civil Engineering - Structural Emphasis University of Wisconsin – Milwaukee [email protected]

Professional Affiliations: ▪ American Institute of Steel Construction (AISC) ▪ Structural Engineers Association of WI (SEA-WI) Registrations Professional A w ards & Publications: ▪ Top Projects of 2016 – Echelon Apartments, The Daily Reporter Professional Engineer –WI ▪ Top Projects of 2015 – Norwegian Heritage Center, The Daily Reporter

www.PierceEngineers.com

43 Residential | Multi Family

▪ Beerline B Apartments Milwaukee, WI

New 210,000 sq ft, three building housing development. Aggregate piers were used to improve poor soil conditions, and required coordination to accommodate a tie-back system for a new pedestrian walk-way along the Milwaukee River and a 100 year old, 8 ft diameter MMSD outflow pipe. Grade raises up to 8 ft which required geofoam use for which we prepared the design as well as shop drawings. Geofoam was utilized to create net-zero loading for the outflow pipe located between the two residential buildings. Beerline B Apartments

▪ The North End Milwaukee, WI

This 417,000sf mixed use, urban, residential project was constructed in two phases. The development contains a four- story and two, five-story, light framed residential buildings containing a total of 238 units above a two-story precast, parking garage with retail. The upper precast level creates a courtyard with residential access to a green roof. The site is adjacent to the Milwaukee River and incorporates the riverwalk and another corner park for residents. The building is pile supported. The North End

▪ Lighthorse 4041 Shorewood, WI

This mixed-use, luxury apartment project consists of a 3-story precast concrete parking garage with 204 spaces and a 6- story apartment building with underground parking. This underground parking is accessed via tunnel from the parking garage. The first floor of the apartment building consists of at grade parking and an 18,000sf Walgreens with a covered pharmacy drive thru. 5- stories of light framing above contain 84 units with balconies and access to an elevated green roof. Additional amenities include a clubroom, exterior patio, and fitness center. Lighthorse 4041

▪ Beaumont Place Whitefish Bay, WI

This 260,000 sf, 4-story apartment complex consists of three separate buildings housing 83 total rental units. There are also two parking levels, with one of the levels below grade. The project features multiple balconies and patios. The structural framing is traditional wood framing for the residential levels with a combination of precast and post-tensioned concrete for the parking levels.

Beaumont Place

▪ Landing at Park Shore St. Francis, WI

Multi-wing apartment building complex consisting of four building wings that have four-levels of residential apartments over two stories of underground parking. Approximate size is 636,000 sf, including the parking levels below grade.

▪ Kramer Lofts Milwaukee, WI

65,000 sft, fifty-five-unit apartment building with retail. Project features cable suspended balconies and canopies.

▪ Bayview Dwell Milwaukee, WI

109,000 sq ft, five story apartment complex with first floor retail. Underground parking is present under the full building footprint and above grade parking on precast is present on portions of the first floor.

▪ Berkshire Oconomowoc, WI

108,000 sf four-story multi-family residential apartment building. Building features include full height exterior decks and multiple veneers on the exterior of the building.

▪ Avenir Apartments Milwaukee, WI

The first of three phases, includes a mixed-use, 140,000sf residential project with a single story parking deck. The building is on a sloping site with parking on 3 levels below grade with 3 and 4-story apartments above. Building amenities include a roof top patio, community room, yoga room, and retail.

▪ The Reserve at Glenview Glenview, IL

Built on a 6.3 acre site, this project consists of a 3-story wrap apartment building, approximately 430,000 sf including the garage which holds 332 vehicles. Amenities include resident lounge and coffee bar, entertainment event room, fitness center, business center putting green, exterior pool, grill cabana, bocce courts, dog run, tot lot, and pocket parks.

▪ Berkshire Apartments Greendale, WI

New 90 unit, 122,000 sf, three-story apartment complex with underground parking.

▪ The Hide House Bay View, WI

New 60 unit, 90,000 sf, four-story apartment complex with underground parking.

▪ St. Catherine’s Residence for Women Milwaukee, WI

New 46 unit, 47,000 sf, four-story apartment building complex.

▪ Bradley Crossing Brown Deer, WI

New 60 unit, 90,000 sf, three-story apartment complex with underground parking.

▪ Empowerment Village Milwaukee, WI

New 42,000 sf, four-story apartment building complex. . ▪ Marshall Condominiums Milwaukee, WI

New 31,000 sf, three-story condominium complex.

▪ Lake Delton Residences Lake Delton, WI

New 24,000 sf, two-story residence building complex.

www.PierceEngineers.com

181 N. Broadway, Milwaukee, WI 53202 | P: 414.278.6060 | 222 W. Washington Ave #650, Madison, WI 53703 | P: 608.256.7304

Alkemeyer & Associates MECHANICAL, ELECTRICAL & PLUMBING ENGINEER TEAM MEMBERS EXPERIENCE & QUALIFICATIONS 46

Company Overview

Alkemeyer & Associates, LLC (A&A) is a full service consulting engineering firm founded in 1997 to provide mechanical, electrical, and plumbing design. Our firm creates a wide range of design, specializing in restaurants, retail, commercial, and other miscellaneous facilities. We provide energy-efficient and cost-effective designs that assist our clients in developing the most applicable solutions for their individual project requirements. More information regarding our company including past projects and individual biographies can be found by visiting our website at www.alkemeyer.com.

Principal

William J. Alkemeyer, P.E. is a registered professional engineer in multiple states with over 25 years of experience in the design industry. A list of states in which Mr. Alkemeyer is registered can be found on our website listed above. Mr. Alkemeyer received his engineering degree from Missouri University in Columbia, MO. He is a member in good standing with American Society of Heating, Refrigeration, and Air conditioning Engineers and the Missouri University Engineering Alumni Board. He has worked on thousands of projects in his career ranging from small retail to serving as the principle design engineer on large, multi-million dollar projects.

As the principal in charge of engineering design and services, Mr. Alkemeyer is involved in all aspects of projects from start-up to final inspections and project close out. His experience includes site investigations, recommendations to owners/developers, cost estimation, design development, equipment selection, as well as final review to ensure a quality set of construction documents, and construction administration through-out the length of the project. He is extensively involved in every major project handled by Alkemeyer & Associates.

353 MARSHALL AVENUE ∙ ST. LOUIS ∙ MO ∙ 63119 ∙ WWW.ALKEMEYER.COM ∙ P: 314.772.1782 ∙ F: 314.373.3514 47

Associates

Scott W. Evans is our senior electrical designer at Alkemeyer & Associates and has been involved in mechanical, electrical, and plumbing design since 1992. As a project manager for Alkemeyer & Associates, he has been involved in all aspects of design for both large and small projects. Scott is the team lead for all of our Starbucks projects and has served as the project manager for the majority of the larger residential loft and apartment projects, working with the clients from project start-up through final construction completion.

Colin S. Hendron is our senior plumbing designer at Alkemeyer & Associates as well as a project manager for multiple clients. Colin graduated from Washington State University in 1985 and became involved in the construction and design industry in 1991. Colin is primarily involved in waste, vent, natural gas, storm water, and domestic water layouts as well as isometrics. Colin is involved in almost every project at A&A, either as principle plumbing designer or providing plan review for others.

Matthew H. Thompson is one of the main mechanical and plumbing designers at Alkemeyer & Associates, as well as a project manager for many different types of commercial projects. Matt graduated from ITT Technical Institute with a degree in Computer-Aided Drafting/Design and has been involved in the commercial design industry since 1996. He has worked extensively with energy efficient design, including many LEED projects across the country.

Nicholas J. Drabb is our resident expert in energy efficient design and LEED documentation at Alkemeyer & Associates. Nick is an accredited professional in LEED specializing in building design and construction (AP BD+C) with extensive knowledge of interior design and construction related to the engineering disciplines. Nick is our BIM Manager and has been involved in the design process for hundreds of LEED certified projects.

353 MARSHALL AVENUE ∙ ST. LOUIS ∙ MO ∙ 63119 ∙ WWW.ALKEMEYER.COM ∙ P: 314.772.1782 ∙ F: 314.373.3514 48

Projects of Interest

Restaurants:

Panera Bread Company: Engineer of record for over twelve hundred bakery/café style restaurants located across the country. Work includes the complete mechanical, electrical, and plumbing design of free standing, in-line, and urban store locations ranging from 3,000 - 6,000 square feet. Other variations of the Panera concept include: Panera Commissaries, Via Panera, Panera Delco, and Panera Café with drive-thru.

Starbucks: Engineer of record for over five hundred coffee shops and cafes located across the Midwest, Southeast, and Northeast areas of the United States. Work includes the complete mechanical, electrical, and plumbing design of free standing, in-line, mall, and urban store locations. All new free standing locations include LEED certification.

National Chain Restaurants/Food Service: Complete mechanical, electrical, and plumbing design for food service clients in freestanding buildings, strip centers, urban locations, and shopping malls. Projects include: International House of Pancakes, Eureka Burger, Dunkin’ Donuts, Baskin-Robbins, Quiznos, Subway, Penn Station, Jimmy John’s, Fresh City, UFood Grill, Edible Arrangements, Cinnabon, Auntie Anne’s, Lion’s Choice, Taco Bell, Long John Silver, KFC, Pollo Campero, El Pollo Loco, Burger King, Kaldi’s Coffee, Froots Smoothies, Inta Juice, Ruby Tuesday, Applebee’s, Pizza Hut, Little Caesars, Papa John’s, Cecil Whittaker’s, SanSai Japanese Grill, Schlotzsky’s, Andy’s Frozen Custard, Dairy Queen, BD’s Mongolian Grill, and Qdoba.

Lofts and Condos:

Soulard Market Apartments: Complete mechanical, electrical, and plumbing design for a large residential complex including over 130 apartments, a full size dine-in restaurant, lower level bar, weight room, conference room, commercial retail space, and a large swimming pool. This is located in the St. Louis Soulard area in the historic Welsh Baby Carriage Factory.

353 MARSHALL AVENUE ∙ ST. LOUIS ∙ MO ∙ 63119 ∙ WWW.ALKEMEYER.COM ∙ P: 314.772.1782 ∙ F: 314.373.3514 49

Chase Park Plaza: Complete mechanical, electrical, and plumbing design for various commercial and residential spaces in a historic Saint Louis landmark. Restoration projects include the design for the famous Khorassan room. Work also included serving as the inspecting engineer for the entire 220-unit apartment rehab portion of the project.

Miscellaneous Loft Condominium and Apartment Projects: Various design aspects for large residential buildings with food service, commercial, and retail elements. Projects range in size from three to twelve stories, with the residential lofts ranging from 800 to 5,000 square feet each. Projects include: Streets of St. Charles, The Gotham on Enright, Bell Lofts, Lofts @ 315 Locust, 1221 Washington Avenue, Mississippi Lofts, Elder Shirt Lofts, Shaw Park Villas, The Cheetah Club building, Barton Street Lofts, Futon Bag building, Linen Lofts, Louderman Lofts, and Vanguard Lofts @ 1110 Washington Ave.

Commercial:

Miscellaneous Bank Projects: Complete mechanical, electrical, and plumbing design for various banks including: Farmers and Merchants Bank, Branson Bank, Security Bank, Town & Country Bank, Midland State Bank, Missouri Bank, Hannibal Bank, Carthage Bank, First National Bank, Wright City Bank, Legends Bank of Rolla, Foristell Bank, Eagle Bank & Trust, St. John’s Bank of Lake St. Louis, and many more.

Miscellaneous Retail Projects: Full service engineering services for hundreds of retail stores in malls, strip centers, and major buildings ranging in size from 1,000 - 10,000 square feet all over the country. Projects include: Ross Dress For Less, Mitchell Gold + Bob Williams, Wet Seal, Arden B, Cache, Crazy 8, Hat World/Lids, Eddie Bauer, Ann Taylor, Avenue, Waldo’s Dollar Stores, Sharper Image, Naturalizers, Dollar General, Family Dollar, CVS, Walgreens, and many more.

353 MARSHALL AVENUE ∙ ST. LOUIS ∙ MO ∙ 63119 ∙ WWW.ALKEMEYER.COM ∙ P: 314.772.1782 ∙ F: 314.373.3514 50

ORGANIZATION CHART 51

ORGANIZATION CHART

PURE architecture studio, llc 735 N. Water Street, Suite 1228, Milwaukee, WI 53202 414.319.9016 www.pure-arch.com 52

PROJECT APPROACH 53

PROJECT APPROACH

Once the design contract is in place, the PURE architectural team will schedule a kick-off meeting to discuss the scope of work, schedule and the method of construction. PURE strongly recommends bringing on a Construction Manager at Risk to help with the estimating and constructability of the project. After we have a clearly defined program, PURE will begin to work on the Schematic Design. In two weeks, we will meet again to review the schematic floor plans and elevations. When the schematic plans have been signed off, The CM at Risk will work on a schematic estimate to make sure we are on budget. Concurrently, PURE will begin to work on the Design Development drawings and submit documents for Plan Commission approval. This will include meeting with the mechanical, electrical, plumbing and structural engineers. In four weeks, we will have a set of documents that can be used to get a solid estimate from the CM at Risk. After the design and estimate have been approved by the Village, the PURE Team will complete the Construction Documents including the specifications and send them out to bid. We estimate the entire design process to take between 10-12 weeks provided we get decisions to move forward in a timely fashion. We will assist the Village in the bidding and contractor selection process. During construction, the PURE team will make routine site visits, review submittals and answer any RFI’s that may be needed. At the completion of construction, PURE will assist in creating a punch list and submitting a substantial completion report.

PURE architecture studio, llc 735 N. Water Street, Suite 1228, Milwaukee, WI 53202 414.319.9016 www.pure-arch.com 54

DESIGN PROPOSAL 55

November 30, 2020

Village of Waterford 123 North River Street Waterford, WI 53185

RE: Proposal for Architectural Services

Dear Jody Beer:

This Design proposal is in response to the Village of Waterford Request for Proposal #10282020 for a new Mixed-Use Condo Project at the northeast corner of Milwaukee Street and Main Street in Waterford, WI.

It is our understanding the Village would like to do a 3-Story Mixed-Use building with approximately 9,000 s.f. of White Box space on the main floor, and two floors of condominiums above. The parking will all be surface parking in a lot on site. The building construction is anticipated to be a slab-on-grade first floor, with 2x lumber framing and wood trussed floors and roofs. Upper floors will be designed to accommodate gyp-crete floors to help sound attenuation. Two egress stairs and an elevator will be required along with a sprinkler system. Exact site and building design/layout will be determined after collaborative schematic design.

Scope of Work

The following is a description of the services that we would propose to provide for the project, through design and construction. This work also includes what is described in RFP# 10282020 under Section 2.02 Scope of Work.

Basic Services Included: PURE architecture studio has included full architectural design services and the following design consultants to provide implementation of the project from Schematic Design through Substantial Completion: Landscape Design, Structural Engineering & MEP (Mechanical/Electrical/Plumbing Design) (Included in Basic Fee). In addition, we have included a performance specification for the fire protection.

Where consultants (eg. Civil Engineering) are included under a separate contract with Owner, PURE architecture studio will coordinate their work as needed, but cannot be held liable for issues that may arise as it relates to scope, schedule, and budget.

Schematic Design Scope: 1. Programming 2. Schematic site plans (up to 3) 3. Schematic floor plans

PURE architecture studio, llc 735 N. Water Street, Suite 1228, Milwaukee, WI 53202 414.319.9016 www.pure-arch.com 56

4. Schematic building elevations 5. Rendered perspective: up to 1, as needed for municipal approval. 6. Meetings, phone calls, and emails with Owner to further define scope, establish timelines, and start coordinating with other disciplines. 7. Attend meetings and submit drawings as required for project municipal approval. We have NOT included the cost for the municipal plan review fee, as these are typically a cost directly to the owner. 8. Once the schematic design has been approved, the design will be given to your contractor for schematic pricing.

Design Development and Construction Documents Scope: 1. Final site plan not included (by owner’s civil engineering consultant). 2. Building floor/roof plans 3. Building elevations 4. Building sections & architectural details 5. Enlarged apartment unit plans 6. Door/hardware/window/finish schedules 7. Project specifications as required 8. Structural construction plans (foundation/framing plans, structural details, structural specifications) 9. Mechanical, Electrical, and Plumbing construction plans 10. Fire Protection Performance Specification 11. Landscape Design 12. Coordination of consultants design as required 13. Meetings, phone calls, and emails with Owner/General Contractor/Consultants to further refine scope, establish timeframes, and coordinate with other disciplines. 14. We will provide the requested hard copies of Construction Documents and will bill as a Reimbursable Expense.

Construction Administration Scope: 1. PURE architecture studio will assist Owner in preparing the necessary documents to bid out the project, and will handle any additional clarification that may arise in a timely manner. 2. We have NOT included the cost for the state plan review fee, as these are typically a cost directly to the owner. 3. Permitting of the project for building permit is by selected General Contractor. 4. Visit the site during construction and attend General Contractor & Owner construction meetings. 5. Review and return shop drawing submissions. 6. Respond as required to project correspondence including RFI’s, and issuance of Construction Bulletins to clarify design intent. 7. Review General Contractor’s monthly application for payment for compliance with work performed to date.

PURE architecture studio, llc 735 N. Water Street, Suite 1228, Milwaukee, WI 53202 414.319.9016 www.pure-arch.com 57

8. Perform one walk-through at substantial completion to Issue Certificate of Compliance as required by municipality.

The following items are excluded from this scope of work: 1. Civil/site lighting design 2. Fire protection engineering (assumed to be design/build by General Contractor) 3. Preparation of site surveys, wetland/floodplain/environmental corridor delineation, geotechnical report and soil borings, or building and grade staking costs 4. Asbestos survey or hazardous material identification and remedial environmental design 5. Permit & plan review fees 6. Construction cost estimates 7. LEED Certification 8. Acoustical consultant design (if desired) 9. Deep-foundation design (piles, caissons, etc.). Conventional shallow foundations are anticipated, possibly with aggregate pier (Geopier, for example) soil reinforcement (by General Contractor). 10. Reimbursable costs (off-site printing, color reproduction, presentation boards, plan reproduction copies). These will be invoiced at cost and kept to a minimum by electronic file management/distribution. 11. Please Note: Our insurance provider will not insure PURE in regard to the RFP# 10282020 Section 2.03 Indemnification Clause. They will add the Village as additionally insured under our coverage and include a waiver of subrogation.

PURE architecture studio, llc proposes to complete these services for a cost of $97,500. This proposal is good for 90 days. We are very excited to work with you on this project, and thank you for the opportunity to propose these services. Should you have any questions regarding the scope of work of the project and/or fee for same, please do not hesitate to call.

Sincerely,

Bob Rowe, NCARB President PURE architecture studio, llc [email protected] 414-319-9016

11/30/2020 ______Offered by Date Accepted by Date Robert Rowe, President Village of Waterford

PURE architecture studio, llc 735 N. Water Street, Suite 1228, Milwaukee, WI 53202 414.319.9016 www.pure-arch.com 58

SAMPLE DESIGN CONTRACT 59

made as of the day of in the year (In words, indicate day, month and year.)

the Architect’s client identified as the Owner: ADDITIONS AND DELETIONS: (Name, legal status, address and other information) The author of this document has added information needed for its Village of Waterford completion. The author may also have revised the text of the original 123 N. River Street AIA standard form. An Additions and Waterford, WI 53185 Deletions Report that notes added information as well as revisions to the standard form text is available and the Architect: from the author and should be (Name, legal status, address and other information) reviewed. A vertical line in the left margin of this document indicates PURE architecture studio, llc where the author has added 735 N. Water Street, Suite 1228 necessary information and where the author has added to or deleted Milwaukee, WI 53202 from the original AIA text.

This document has important legal for the following Project: consequences. Consultation with an (Name, location and detailed description) attorney is encouraged with respect to its completion or modification.

The Owner and Architect agree as follows.

AIA Document B101™ – 2007 (formerly B151™ – 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible 1 / under the law. This document was produced by AIA software at 08:39:14 on 08/04/2015 under Order No.3191564844_1 which expires on 06/01/2016, and is not for resale. User Notes: (1481466181) 60

This Agreement is based on the Initial Information set forth in this Article 1 and in optional Exhibit A, Initial Information: (Complete Exhibit A, Initial Information, and incorporate it into the Agreement at Section 13.2, or state below Initial Information such as details of the Project’s site and program, Owner’s contractors and consultants, Architect’s consultants, Owner’s budget for the Cost of the Work, authorized representatives, anticipated procurement method, and other information relevant to the Project.)

The Owner’s anticipated dates for commencement of construction and Substantial Completion of the Work are set forth below: Commencement of construction date:

Substantial Completion date:

The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that such information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the schedule, the Architect’s services and the Architect’s compensation.

The Architect shall provide the professional services as set forth in this Agreement.

AIA Document B101™ – 2007 (formerly B151™ – 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible 2 / under the law. This document was produced by AIA software at 08:39:14 on 08/04/2015 under Order No.3191564844_1 which expires on 06/01/2016, and is not for resale. User Notes: (1481466181) 61

The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project.

The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project.

Except with the Owner’s knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect’s professional judgment with respect to this Project.

The Architect shall maintain the following insurance for the duration of this Agreement. If any of the requirements set forth below exceed the types and limits the Architect normally maintains, the Owner shall reimburse the Architect for any additional cost: (Identify types and limits of insurance coverage, and other insurance requirements applicable to the Agreement, if any.) General Liability As indicated in RFP# 10282020 Section 2.04 A. Commercial General Liability

Automobile Liability As indicated in RFP# 10282020 Section 2.04 D. Comprehensive Automobile Liability

Workers’ Compensation As indicated in RFP# 10282020 Section 2.04 C. Workers' Compensation

Professional Liability As indicated in RFP# 10282020 Section 2.04 B. Professional Liability

The Architect’s Basic Services consist of those described in Article 3 and include usual and customary structural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Additional Services.

The Architect shall manage the Architect’s services, consult with the Owner, research applicable design criteria, attend Project meetings, communicate with members of the Project team and report progress to the Owner.

The Architect shall coordinate its services with those services provided by the Owner and the Owner’s consultants. The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner and the Owner’s consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission or inconsistency in such services or information.

As soon as practicable after the date of this Agreement, the Architect shall submit for the Owner’s approval a schedule for the performance of the Architect’s services. The schedule initially shall include anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information. The schedule shall include allowances for periods of time required for the Owner’s review, for the performance of the Owner’s consultants, and for approval of submissions by authorities having jurisdiction over the Project. Once approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded by the Architect or Owner. With the Owner’s approval, the Architect shall adjust the schedule, if necessary, as the Project proceeds until the commencement of construction.

AIA Document B101™ – 2007 (formerly B151™ – 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible 3 / under the law. This document was produced by AIA software at 08:39:14 on 08/04/2015 under Order No.3191564844_1 which expires on 06/01/2016, and is not for resale. User Notes: (1481466181) 62

The Architect shall not be responsible for an Owner’s directive or substitution made without the Architect’s approval.

The Architect shall, at appropriate times, contact the governmental authorities required to approve the Construction Documents and the entities providing utility services to the Project. In designing the Project, the Architect shall respond to applicable design requirements imposed by such governmental authorities and by such entities providing utility services.

The Architect shall assist the Owner in connection with the Owner’s responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project.

The Architect shall review the program and other information furnished by the Owner, and shall review laws, codes, and regulations applicable to the Architect’s services.

The Architect shall prepare a preliminary evaluation of the Owner’s program, schedule, budget for the Cost of the Work, Project site, and the proposed procurement or delivery method and other Initial Information, each in terms of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (1) any inconsistencies discovered in the information, and (2) other information or consulting services that may be reasonably needed for the Project.

The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner alternative approaches to design and construction of the Project, including the feasibility of incorporating environmentally responsible design approaches. The Architect shall reach an understanding with the Owner regarding the requirements of the Project.

Based on the Project’s requirements agreed upon with the Owner, the Architect shall prepare and present for the Owner’s approval a preliminary design illustrating the scale and relationship of the Project components.

Based on the Owner’s approval of the preliminary design, the Architect shall prepare Schematic Design Documents for the Owner’s approval. The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may include some combination of study models, perspective sketches, or digital modeling. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing.

The Architect shall consider environmentally responsible design alternatives, such as material choices and building orientation, together with other considerations based on program and aesthetics, in developing a design that is consistent with the Owner’s program, schedule and budget for the Cost of the Work. The Owner may obtain other environmentally responsible design services under Article 4.

The Architect shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics, in developing a design for the Project that is consistent with the Owner’s program, schedule and budget for the Cost of the Work.

The Architect shall submit to the Owner an estimate of the Cost of the Work prepared in accordance with Section 6.3.

The Architect shall submit the Schematic Design Documents to the Owner, and request the Owner’s approval.

Based on the Owner’s approval of the Schematic Design Documents, and on the Owner’s authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Design Development Documents for the Owner’s approval. The Design Development Documents shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and

AIA Document B101™ – 2007 (formerly B151™ – 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible 4 / under the law. This document was produced by AIA software at 08:39:14 on 08/04/2015 under Order No.3191564844_1 which expires on 06/01/2016, and is not for resale. User Notes: (1481466181) 63

electrical systems, and such other elements as may be appropriate. The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels.

The Architect shall update the estimate of the Cost of the Work.

The Architect shall submit the Design Development Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, and request the Owner’s approval.

Based on the Owner’s approval of the Design Development Documents, and on the Owner’s authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Construction Documents for the Owner’s approval. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels of materials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that in order to construct the Work the Contractor will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4.

The Architect shall incorporate into the Construction Documents the design requirements of governmental authorities having jurisdiction over the Project.

During the development of the Construction Documents, the Architect shall assist the Owner in the development and preparation of (1) bidding and procurement information that describes the time, place and conditions of bidding, including bidding or proposal forms; (2) the form of agreement between the Owner and Contractor; and (3) the Conditions of the Contract for Construction (General, Supplementary and other Conditions). The Architect shall also compile a project manual that includes the Conditions of the Contract for Construction and Specifications and may include bidding requirements and sample forms.

The Architect shall update the estimate for the Cost of the Work.

The Architect shall submit the Construction Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, take any action required under Section 6.5, and request the Owner’s approval.

The Architect shall assist the Owner in establishing a list of prospective contractors. Following the Owner’s approval of the Construction Documents, the Architect shall assist the Owner in (1) obtaining either competitive bids or negotiated proposals; (2) confirming responsiveness of bids or proposals; (3) determining the successful bid or proposal, if any; and, (4) awarding and preparing contracts for construction.

Bidding Documents shall consist of bidding requirements and proposed Contract Documents.

The Architect shall assist the Owner in bidding the Project by procuring the reproduction of Bidding Documents for distribution to prospective bidders; distributing the Bidding Documents to prospective bidders, requesting their return upon completion of the bidding process, and maintaining a log of distribution and retrieval and of the amounts of deposits, if any, received from and returned to prospective bidders; organizing and conducting a pre-bid conference for prospective bidders; preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to all prospective bidders in the form of addenda; and organizing and conducting the opening of the bids, and subsequently documenting and distributing the bidding results, as directed by the Owner.

The Architect shall consider requests for substitutions, if the Bidding Documents permit substitutions, and shall prepare and distribute addenda identifying approved substitutions to all prospective bidders.

AIA Document B101™ – 2007 (formerly B151™ – 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible 5 / under the law. This document was produced by AIA software at 08:39:14 on 08/04/2015 under Order No.3191564844_1 which expires on 06/01/2016, and is not for resale. User Notes: (1481466181) 64

Proposal Documents shall consist of proposal requirements and proposed Contract Documents.

The Architect shall assist the Owner in obtaining proposals by procuring the reproduction of Proposal Documents for distribution to prospective contractors, and requesting their return upon completion of the negotiation process; organizing and participating in selection interviews with prospective contractors; and participating in negotiations with prospective contractors, and subsequently preparing a summary report of the negotiation results, as directed by the Owner.

The Architect shall consider requests for substitutions, if the Proposal Documents permit substitutions, and shall prepare and distribute addenda identifying approved substitutions to all prospective contractors.

The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A201™–2007, General Conditions of the Contract for Construction. If the Owner and Contractor modify AIA Document A201–2007, those modifications shall not affect the Architect’s services under this Agreement unless the Owner and the Architect amend this Agreement.

The Architect shall advise and consult with the Owner during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractor’s failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect’s negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work.

Subject to Section 4.3, the Architect’s responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment.

The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.3.3, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work.

The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work.

The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect’s response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness.

AIA Document B101™ – 2007 (formerly B151™ – 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible 6 / under the law. This document was produced by AIA software at 08:39:14 on 08/04/2015 under Order No.3191564844_1 which expires on 06/01/2016, and is not for resale. User Notes: (1481466181) 65

Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The Architect’s decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents.

Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201–2007, the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents.

The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. The Architect’s certification for payment shall constitute a representation to the Owner, based on the Architect’s evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor’s Application for Payment, that, to the best of the Architect’s knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect.

The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor’s right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum.

The Architect shall maintain a record of the Applications and Certificates for Payment.

The Architect shall review the Contractor’s submittal schedule and shall not unreasonably delay or withhold approval. The Architect’s action in reviewing submittals shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect’s professional judgment to permit adequate review.

In accordance with the Architect-approved submittal schedule, the Architect shall review and approve or take other appropriate action upon the Contractor’s submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor’s responsibility. The Architect’s review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect’s approval of a specific item shall not indicate approval of an assembly of which the item is a component.

If the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems, materials or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor that bear such professional’s seal and signature when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or provided by such design professionals.

Subject to the provisions of Section 4.3, the Architect shall review and respond to requests for information about the Contract Documents. The Architect shall set forth in the Contract Documents the requirements for requests

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for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. The Architect’s response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to requests for information.

The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents.

The Architect may authorize minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Subject to the provisions of Section 4.3, the Architect shall prepare Change Orders and Construction Change Directives for the Owner’s approval and execution in accordance with the Contract Documents.

The Architect shall maintain records relative to changes in the Work.

The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion; receive from the Contractor and forward to the Owner, for the Owner’s review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor; and issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents.

The Architect’s inspections shall be conducted with the Owner to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected.

When the Work is found to be substantially complete, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the Contract Sum, if any, for final completion or correction of the Work.

The Architect shall forward to the Owner the following information received from the Contractor: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (2) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens; and (3) any other documentation required of the Contractor under the Contract Documents.

Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance.

Additional Services listed below are not included in Basic Services but may be required for the Project. The Architect shall provide the listed Additional Services only if specifically designated in the table below as the Architect’s responsibility, and the Owner shall compensate the Architect as provided in Section 11.2. (Designate the Additional Services the Architect shall provide in the second column of the table below. In the third column indicate whether the service description is located in Section 4.2 or in an attached exhibit. If in an exhibit, identify the exhibit.)

(Architect, Owner (Section 4.2 below or in an exhibit or attached to this document and Not Provided) identified below) Programming (B202™–2009) Multiple preliminary designs Measured drawings Existing facilities surveys

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Site Evaluation and Planning (B203™–2007) Building Information Modeling (E202™–2008) Civil engineering LandscapeAccoustical design Design Architectural Interior Design (B252™–2007) Value Analysis (B204™–2007) Detailed cost estimating On-site Project Representation (B207™–2008) Conformed construction documents As-Designed Record drawings As-Constructed Record drawings Post occupancy evaluation Facility Support Services (B210™–2007) Tenant-related services Coordination of Owner’s consultants Telecommunications/data design Security Evaluation and Planning (B206™–2007) Commissioning (B211™–2007) Extensive environmentally responsible design LEED® Certification (B214™–2012) Fast-track design services Historic Preservation (B205™–2007) Furniture, Furnishings, and Equipment Design (B253™–2007)

Insert a description of each Additional Service designated in Section 4.1 as the Architect’s responsibility, if not further described in an exhibit attached to this document.

Additional Services may be provided after execution of this Agreement, without invalidating the Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.3 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect’s schedule.

Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following services until the Architect receives the Owner’s written authorization: Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including, but not limited to, size, quality, complexity, the Owner’s schedule or budget for Cost of the Work, or procurement or delivery method; Services necessitated by the Owner’s request for extensive environmentally responsible design alternatives, such as unique system designs, in-depth material research, energy modeling, or LEED® certification; Changing or editing previously prepared Instruments of Service necessitated by the enactment or revision of codes, laws or regulations or official interpretations; Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner’s consultants or contractors; Preparing digital data for transmission to the Owner’s consultants and contractors, or to other Owner authorized recipients; Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner;

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Preparation for, and attendance at, a public presentation, meeting or hearing; Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; Evaluation of the qualifications of bidders or persons providing proposals; Consultation concerning replacement of Work resulting from fire or other cause during construction; or Assistance to the Initial Decision Maker, if other than the Architect.

To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If the Owner subsequently determines that all or parts of those services are not required, the Owner shall give prompt written notice to the Architect, and the Owner shall have no further obligation to compensate the Architect for those services: Reviewing a Contractor’s submittal out of sequence from the submittal schedule agreed to by the Architect; Responding to the Contractor’s requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner-provided information, Contractor-prepared coordination drawings, or prior Project correspondence or documentation; Preparing Change Orders and Construction Change Directives that require evaluation of Contractor’s proposals and supporting data, or the preparation or revision of Instruments of Service; Evaluating an extensive number of Claims as the Initial Decision Maker; Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions to Instruments of Service resulting therefrom; or To the extent the Architect’s Basic Services are affected, providing Construction Phase Services 60 days after (1) the date of Substantial Completion of the Work or (2) the anticipated date of Substantial Completion identified in Initial Information, whichever is earlier.

The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shall notify the Owner: ( ) reviews of each Shop Drawing, Product Data item, sample and similar submittal of the Contractor ( ) visits to the site by the Architect over the duration of the Project during construction ( ) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents ( ) inspections for any portion of the Work to determine final completion

If the services covered by this Agreement have not been completed within ( ) months of the date of this Agreement, through no fault of the Architect, extension of the Architect’s services beyond that time shall be compensated as Additional Services.

Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner’s objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights.

The Owner shall establish and periodically update the Owner’s budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner’s other costs; and, (3) reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner’s budget for the Cost of the Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding change in the Project’s scope and quality.

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The Owner shall identify a representative authorized to act on the Owner’s behalf with respect to the Project. The Owner shall render decisions and approve the Architect’s submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect’s services.

The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark.

The Owner shall furnish services of geotechnical engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations.

The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect’s request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner’s consultants. The Owner shall furnish the services of consultants other than those designated in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants maintain professional liability insurance as appropriate to the services provided.

The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials.

The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner’s needs and interests.

The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect’s Instruments of Service.

Except as otherwise provided in this Agreement, or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor and the Architect’s consultants through the Architect about matters arising out of or relating to the Contract Documents. The Owner shall promptly notify the Architect of any direct communications that may affect the Architect’s services.

Before executing the Contract for Construction, the Owner shall coordinate the Architect’s duties and responsibilities set forth in the Contract for Construction with the Architect’s services set forth in this Agreement. The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including the General Conditions of the Contract for Construction.

The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress.

For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include contractors’ general conditions costs, overhead and profit. The Cost of the Work does not include the compensation of the Architect, the costs of the land, rights-of-way, financing, contingencies for changes in the Work or other costs that are the responsibility of the Owner.

The Owner’s budget for the Cost of the Work is provided in Initial Information, and may be adjusted throughout the Project as required under Sections 5.2, 6.4 and 6.5. Evaluations of the Owner’s budget for the Cost of the Work, the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the Architect, represent the Architect’s judgment as a design professional. It is recognized, however, that neither

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the Architect nor the Owner has control over the cost of labor, materials or equipment; the Contractor’s methods of determining bid prices; or competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner’s budget for the Cost of the Work or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect.

In preparing estimates of the Cost of Work, the Architect shall be permitted to include contingencies for design, bidding and price escalation; to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents; to make reasonable adjustments in the program and scope of the Project; and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner’s budget for the Cost of the Work. The Architect’s estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the Owner requests detailed cost estimating services, the Architect shall provide such services as an Additional Service under Article 4.

If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, through no fault of the Architect, the Owner’s budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market.

If at any time the Architect’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Architect shall make appropriate recommendations to the Owner to adjust the Project’s size, quality or budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments.

If the Owner’s budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall give written approval of an increase in the budget for the Cost of the Work; authorize rebidding or renegotiating of the Project within a reasonable time; terminate in accordance with Section 9.5; in consultation with the Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or implement any other mutually acceptable alternative.

If the Owner chooses to proceed under Section 6.6.4, the Architect, without additional compensation, shall modify the Construction Documents as necessary to comply with the Owner’s budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6.1. The Architect’s modification of the Construction Documents shall be the limit of the Architect’s responsibility under this Article 6.

The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. If the Owner and Architect intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions.

The Architect and the Architect’s consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect’s consultants.

Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to use the Architect’s Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect’s consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers, as well as the Owner’s consultants and separate contractors, to reproduce applicable portions of the Instruments of Service solely

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and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate.

In the event the Owner uses the Instruments of Service without retaining the author of the Instruments of Service, the Owner releases the Architect and Architect’s consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner’s use of the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4.

Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner’s sole risk and without liability to the Architect and the Architect’s consultants.

The Owner and Architect shall commence all claims and causes of action, whether in contract, tort, or otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the method of binding dispute resolution selected in this Agreement within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1.

To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201–2007, General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein.

The Architect and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination of this Agreement, except as specifically provided in Section 9.7.

Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Architect’s services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution.

The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings.

The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof.

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If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriate box. If the Owner and Architect do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction.)

[ ] Arbitration pursuant to Section 8.3 of this Agreement

[ ] Litigation in a court of competent jurisdiction

[ ] Other (Specify)

If the parties have selected arbitration as the method for binding dispute resolution in this Agreement, any claim, dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of this Agreement. A demand for arbitration shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the arbitration.

A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other matter in question.

The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof.

The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof.

Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation; (2) the arbitrations to be consolidated substantially involve common questions of law or fact; and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s).

Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent.

The Owner and Architect grant to any person or entity made a party to an arbitration conducted under this Section 8.3, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Architect under this Agreement.

If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect’s option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give seven days’ written notice to the Owner before suspending services. In the event of a suspension of services, the

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Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect’s services. The Architect’s fees for the remaining services and the time schedules shall be equitably adjusted.

If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect’s services. The Architect’s fees for the remaining services and the time schedules shall be equitably adjusted.

If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days’ written notice.

Either party may terminate this Agreement upon not less than seven days’ written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination.

The Owner may terminate this Agreement upon not less than seven days’ written notice to the Architect for the Owner’s convenience and without cause.

In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 9.7.

Termination Expenses are in addition to compensation for the Architect’s services and include expenses directly attributable to termination for which the Architect is not otherwise compensated, plus an amount for the Architect’s anticipated profit on the value of the services not performed by the Architect.

The Owner’s rights to use the Architect’s Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 11.9.

This Agreement shall be governed by the law of the place where the Project is located, except that if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 8.3.

Terms in this Agreement shall have the same meaning as those in AIA Document A201–2007, General Conditions of the Contract for Construction.

The Owner and Architect, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner’s rights and obligations under this Agreement.

If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Agreement.

Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect.

Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site.

AIA Document B101™ – 2007 (formerly B151™ – 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible 15 / under the law. This document was produced by AIA software at 08:39:14 on 08/04/2015 under Order No.3191564844_1 which expires on 06/01/2016, and is not for resale. User Notes: (1481466181) 74

The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect’s promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect’s materials shall not include the Owner’s confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner’s promotional materials for the Project.

If the Architect or Owner receives information specifically designated by the other party as "confidential" or "business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except to (1) its employees, (2) those who need to know the content of such information in order to perform services or construction solely and exclusively for the Project, or (3) its consultants and contractors whose contracts include similar restrictions on the use of confidential information.

For the Architect’s Basic Services described under Article 3, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation.) PURE architecture studio, llc proposes to complete these services for a cost of $97,500. This proposal is good for 90 days. For Additional Services designated in Section 4.1, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation. If necessary, list specific services to which particular methods of compensation apply.)

For Additional Services that may arise during the course of the Project, including those under Section 4.3, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation.)

Compensation for Additional Services of the Architect’s consultants when not included in Section 11.2 or 11.3, shall be the amount invoiced to the Architect plus percent ( %), or as otherwise stated below:

Where compensation for Basic Services is based on a stipulated sum or percentage of the Cost of the Work, the compensation for each phase of services shall be as follows:

Schematic Design Phase percent ( 25 %) Design Development Phase percent ( 30 %) Construction Documents percent ( 30 %) Phase Bidding or Negotiation Phase percent ( 5 %) Construction Phase percent ( 10 %)

Total Basic Compensation one hundred percent ( 100 %)

When compensation is based on a percentage of the Cost of the Work and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 11.5 based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent estimate of the Cost of the Work for such portions of the Project. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced.

AIA Document B101™ – 2007 (formerly B151™ – 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible 16 / under the law. This document was produced by AIA software at 08:39:14 on 08/04/2015 under Order No.3191564844_1 which expires on 06/01/2016, and is not for resale. User Notes: (1481466181) 75

The hourly billing rates for services of the Architect and the Architect’s consultants, if any, are set forth below. The rates shall be adjusted in accordance with the Architect’s and Architect’s consultants’ normal review practices. (If applicable, attach an exhibit of hourly billing rates or insert them below.) Project Architect: $150/ hour Drafter: $75/ hour

Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and the Architect’s consultants directly related to the Project, as follows: Transportation and authorized out-of-town travel and subsistence; Long distance services, dedicated data and communication services, teleconferences, Project Web sites, and extranets; Fees paid for securing approval of authorities having jurisdiction over the Project; Printing, reproductions, plots, standard form documents; Postage, handling and delivery; Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; Renderings, models, mock-ups, professional photography, and presentation materials requested by the Owner; Architect’s Consultant’s expense of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits if the Owner requests such insurance in excess of that normally carried by the Architect’s consultants; All taxes levied on professional services and on reimbursable expenses; Site office expenses; and Other similar Project-related expenditures.

For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect’s consultants plus percent ( 5 %) of the expenses incurred.

If the Owner terminates the Architect for its convenience under Section 9.5, or the Architect terminates this Agreement under Section 9.3, the Owner shall pay a licensing fee as compensation for the Owner’s continued use of the Architect’s Instruments of Service solely for purposes of completing, using and maintaining the Project as follows:

An initial payment of ($ ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner’s account in the final invoice.

Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect’s invoice. Amounts unpaid ( 30 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of monthly or annual interest agreed upon.)

1.5 % per month

The Owner shall not withhold amounts from the Architect’s compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding.

AIA Document B101™ – 2007 (formerly B151™ – 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible 17 / under the law. This document was produced by AIA software at 08:39:14 on 08/04/2015 under Order No.3191564844_1 which expires on 06/01/2016, and is not for resale. User Notes: (1481466181) 76

Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times.

Special terms and conditions that modify this Agreement are as follows:

This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect.

This Agreement is comprised of the following documents listed below: AIA Document B101™–2007, Standard Form Agreement Between Owner and Architect AIA Document E201™–2007, Digital Data Protocol Exhibit, if completed, or the following:

Other documents: (List other documents, if any, including Exhibit A, Initial Information, and additional scopes of service, if any, forming part of the Agreement.)

This Agreement entered into as of the day and year first written above.

(Signature) (Signature)

(Printed name and title) (Printed name and title)

AIA Document B101™ – 2007 (formerly B151™ – 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible 18 / under the law. This document was produced by AIA software at 08:39:14 on 08/04/2015 under Order No.3191564844_1 which expires on 06/01/2016, and is not for resale. User Notes: (1481466181) 77

This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text.

Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 08:39:14 on 08/04/2015.

There are no differences.

Additions and Deletions Report for AIA Document B101™ – 2007 (formerly B151™ – 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be 1 prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:39:14 on 08/04/2015 under Order No.3191564844_1 which expires on 06/01/2016, and is not for resale. User Notes: (1481466181) 78

I, , hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 08:39:14 on 08/04/2015 under Order No. 3191564844_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document B101™ – 2007, Standard Form of Agreement Between Owner and Architect, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report.

______(Signed)

______(Title)

______(Dated)

AIA Document D401™ – 2003. Copyright © 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by 1 AIA software at 08:39:14 on 08/04/2015 under Order No.3191564844_1 which expires on 06/01/2016, and is not for resale. User Notes: (1481466181) 79 VILLAGE OF WATERFORD BOARD REPORT

For additional information: http://www.waterfordwi.org

Meeting Date: December 14, 2020

Recommendation: That the Village Board accept the proposed change order from Pure Architecture.

Background: Following the ultimate decision by the Village Board to reduce the Waterford Loft’s I scope from 4 stories to 3 Stories, Trustee Nash and I engaged in a conversation about seeking a reduction in the total fee to be charged by Pure for the project.

Pure proposed a fee reduction of $29,000.

Fiscal Impact: TID 4, Waterford Lofts I total project cost reduction of $29,000.

Submitted,

Zeke Jackson Village Administrator

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 80

CHANGE ORDER REQUEST

PROJECT NAME: Waterford Lofts-1

PROJECT NUMBER: 20102

CHANGE ORDER REQUEST # 01

ISSUE DATE: 12.09.2020

General Description

This change order is issued to modify the ALA OA3-2011 Owner/ Architect Agreement for Architectural Services dated June 28, 2020 and is hereby made a part of the contract documents. Please sign and date this page as acceptance to these changes.

Reason for Change: Design scope has changed as the client would like to eliminate the 2nd floor of the project. This space was intended to be “white boxed” office space and therefor the change is very minimal. It is estimated it is about 10% of the work of the project.

Cost for Change: Original Contract Amount: $290,000.00 Total Prior Changes: 0.00 Total Amount of this Change: - 29,000.00

New Contract Amount: $261,000.00

This change order will be reflected in the next pay application. If these changes are approved, please sign, date and return to PURE architecture studio, llc.

______Accepted by Date Don Houston Village President Village of Waterford

PURE architecture studio, llc 735 N. Water Street, Suite 1228 Milwaukee, WI 53202 414.319.9016 www.pure-arch.com 81 VILLAGE OF WATERFORD BOARD REPORT

For additional information: http://www.waterfordwi.org

Meeting Date: December 14, 2020

Recommendation: That the Village Board accept the recommendation of the Village’s engineers and authorize the change order request

Background: Dave Hemmerich of Baxter an Woodman will be present to discuss this item.

Fiscal Impact: if authorized, an impact on the Mercury Development of $61,028

Submitted,

Zeke Jackson Village Administrator

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 82

December 9, 2020

Zeke Jackson, Administrator Village of Waterford 123 N. River Street Waterford, WI 53185

Subject: Mercury Business Park – Change Order No. 1

Dear Mr. Jackson,

Enclosed is a change order, dated December 8, 2020 from Reesman’s Excavating & Grading, Inc., Contractor, requesting a change in contract price for Village approval. We have reviewed the request, negotiated costs with the contractor, and find the final request fair and equitable to the changes in work on the project. The changes in work are for post-bid changes to the project plans used for bidding, which includes the following:

• Additions/revisions to the Hwy 36 work required by WisDOT for permit. • Additional pavement markings and signs needed for completing the remaining site roadwork (Alternative 2). • Design changes to fit field conditions. • Expansion of the waste fill site to accommodate site earthwork balance and utility trench spoils.

The contract price will change as follows as result of this change order:

Current Contract Lump Sum Price $3,211,139.00 Amount of Change Order No. 1 + $61,027.55 New Contract Lump Sum Price $3,272,166.55

There will be future change order(s) for undercutting poor soils using the bid supplemental unit price once the final quantity is determined and for the WisDOT-required relocation of the traffic signal equipment in the expansion of the southbound turn lane at Hwy 20. We do not anticipate total value of all change orders to exceed 5% of the original contract value with good weather.

Sincerely, BAXTER & WOODMAN, INC. CONSULTING ENGINEERS

David S. Hemmerich, P.E.

Encs. C: Doug Snyder, PE, Village Engineer (email) Tyler Jensen, Reesman’s Excavating & Grading, Inc. (email) I:\Crystal Lake\WATRF\180594-Mercury Development\60-Construction\Auth and Change orders\ChangeOrder1\MercuryChangeOrder1.doc 83 84 85 86 VILLAGE OF WATERFORD BOARD REPORT

For additional information: http://www.waterfordwi.org

Meeting Date: December 14, 2020

Recommendation: That the Village Board accept the recommendation of the Plan Commission and approve the attached Amendment to the Village’s Zoning Code and Official Map, amending and recreating Ordinance 659 the Park Meadow PCD.

Background: This is one of several steps that Bielinski has to complete in order to begin construction on 86 duplex units near the intersection of Hickory Hollow Rd and Buena Park Rd.

Bielinski will still need to submit a final landscaping plan to the Plan Commission, as well as condo association documents. The Village and Bielinski still need to work out a development agreement following review of those materials.

Tonight’s request puts in place the appropriate zoning text and map amendments from which the other documentation will build off of. The aforementioned documents, as well as a full set of precise implementation plans are due to come back before the Village Board over the next few months.

Fiscal Impact: 86 units with a market value of approximately $325,000 each would result in an increase of the tax base of $27,950,000

Submitted,

Zeke Jackson Village Administrator

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 87

1 1st DRAFT 10-20-20

ORDINANCE NO. 680

AMENDING AND RECREATING ORDINANCE 659 THE PARK MEADOW PLANNED COMMUNITY DEVELOPMENT DISTRICT IN THE VILLAGE OF WATERFORD AND REZONING LAND

The Village Board of the Village of Waterford, Racine County, Wisconsin, do ordain as follows:

Chapter 245 of the Code of the Village of Waterford, Racine County, Wisconsin, Zoning, Section 245-81, Park Meadow Planned Community Development District, is hereby amended and recreated as follows:

245-81 Park Meadow Planned Community Development District.

A. Permitted Uses.

(1) The permitted uses in this mixed-use planned community development district shall be a total of 43 duplex-family structures (consisting of a total of 86 dwelling units) substantially conforming with the Two-family R-2 provisions set forth in s. 245-18 of this Chapter.

(2) Improvements related to the permitted uses, including off-street parking, common green space areas, recreational areas, easement areas for public utilities and private stormwater drainage installations as contained in the required developer's agreement and deed restrictions, and related accessory uses, all as contained in the General Development Plan, Precise Implementation Plans, and Developer’s Agreement(s) as from time to time submitted and which will remain on file with the Village of Waterford and recorded with the Racine County Register of Deeds.

B. Other Uses. No other uses are allowed in the Park Meadow Planned Community Development District unless permitted pursuant to a specific provision of this Chapter.

C. Dwelling Standards. Each of the dwelling units within the development shall contain at least the minimum requirements set forth in the zoning district set forth in subsection A and shall conform with all applicable building, plumbing, electrical and mechanical codes.

D. Area Standards. Modification of the setback, yard, parking and sidewalk requirements of this Municipal Code may be allowed by the Plan Commission when the use of the building is a permitted use herein.

2 E. Garbage and Recyclable Collection. See s. 186-7 of this Code.

F. Automobile parking and parking facilities.

(1) All parking areas within this district shall be constructed with either cement concrete or asphaltic concrete over an approved sub-base, to depths for each application as approved by the Village Engineer prior to construction.

(2) Parking shall be limited to driveway approaches, marked parking stalls and public streets within the district. No parking shall be permitted in or on any other area.

G. Electric and Telephone Service. All electric and telephone service wires or cables, including cable and fiber-optic services, shall be installed underground within the boundaries of the development.

H. Detailed Site Grading Plans. Detailed site grading plans shall be submitted to the Village for approval showing proposed finished grades for all buildings, parking areas, and landscape areas on site and showing proposed site drainage plans. Elevation of such site grading plans shall be based on the Village datum and be approved by the Village prior to construction.

I. Developer's agreement. Where land division or public improvements are necessary for construction, the developer, owner, and the Village of Waterford shall enter into a written developer's agreement, which may be amended in writing as from time to time required, to address the installation of all public improvements to the development and financial guarantees by the developer pursuant to s. 235-19D of this Municipal Code, along with the issuance of building and occupancy permits. The agreement and any subsequent amendments shall be approved by the Village of Waterford Plan Commission, Village Board, Village Engineer, and Village Attorney.

J. Landscaping. The developer shall provide the Village with a landscape plan as part of the Precise Implementation Plan for each phase of construction and a detailed material list, and shall implement such plan after approval by the Village.

K. Easements.

(1) Utility Easements. In all areas where public utilities are located outside of the Village rights-of-way, the owner shall provide the Village with public utility easements for the purpose of permitting the Village to re-install, re-lay, operate, repair, and maintain underground pipes and conduits for public water and public sanitary sewer service under the surface, and, where appropriate, above the surface, along with the right of ingress and egress, in dimensions in accordance with the developer's agreement.

3 All public storm sewers shall be laid in Village rights of way. Storm water management systems serving the development must be constructed pursuant to Chapter 250 of this Municipal Code, and shall remain private and the responsibility of the owner or association, and easements shall be granted to the Village in the event that it is required to provide emergency repairs or maintenance.

No building, accessory appurtenance or other structure (except mailboxes) shall be constructed in a utility easement area. Landscaping and parking may be constructed in an easement area, provided, however, that in the event that the landscaping is removed or damaged by the Village pursuant to its rights under the easement, the developer or landowner shall be responsible for all costs related to removal and/or restoration of said landscaping areas.

(2) Public Safety. The owner shall grant to the Village easements over and across any private paved driveways, roadways and access-ways, in dimensions set forth in the developer’s agreement, for purposes of providing public services, including, but not limited to, fire, rescue, police protection and, if applicable, garbage collection. The owner or association shall be responsible for removing snow accumulations from the easement areas.

(3) The Village shall have the right to tow any vehicles and similarly remove any other types of personal property that are located within a utility easement area after giving a notice that access to the area is required at least six hours prior to the removal of the property. This notice shall be given by written citation placed upon the vehicle or other property. In the event of emergency, no such notice shall be required.

In the event the Village must remove vehicles or personal property from an easement area pursuant to this subsection, the Village may impound the property until the costs of removal have been paid. The Village shall seek payment from the owner of the property seized, and after reasonable efforts have been made to obtain such payment, the Village may proceed for payment against the property owner. In no event shall the Village be required to commence legal action against the owner of the property seized prior to seeking collection from the property owner.

L. Private street and drive maintenance. Private off-street parking areas, walks, and access roads, if any, shall be maintained by the owner so as to provide safe access at all times to all areas of the development.

M. Bicycle Path. The Developer shall grade a 10’ wide bicycle path and improve such path with asphaltic material as approved by the Village Engineers and grant a bicycle and pedestrian easement to the Village for permanent public use for the full length of the

4 property along STH 36.

N. Rezoning effected by passage of this amendment. The property subject of this planned community development district is legally described as set forth in Exhibit A attached hereto, and made a part hereof. Prior to enactment of this section, said real estate described in Exhibit A was zoned Business District and, upon passage of this planned community development district ordinance, all real estate described on Exhibit A is, in all respects, permanently subjected to the planned community development district zoning rules and regulations of the Code of the Village of Waterford and the specific terms and conditions of this section. The attached CSM is hereby incorporated and approved by the Village to facilitate the planned phasing of the project.

O. Exhibits made a part of this section. The exhibits herein identified and referred to as Exhibit A, the legal description, and Exhibit B, the General Development Plan each are incorporated into this section by and through this specific reference, and shall be kept on file with the Village of Waterford and incorporated herein as though fully set forth, and each of the terms and conditions of the legal description and the General Development Plan shall be enforceable as an element of this chapter and subject to the provisions for penalties and other legal action as provided by this chapter.

P. Recording. No building permit for construction in a particular phase of the development shall be granted until the recording of those documents referenced herein which are indicated as subject of recordation in the Register of Deeds Office for Racine County, Wisconsin for that phase of the development.

It is further ordained that this ordinance shall become effective from and after its public hearing, passage and publication as required by law, together with the recording of those documents referenced herein which are indicated as subject of recordation in the Register of Deeds Office for Racine County, Wisconsin.

All other language as contained in Chapter 245 of the Code of the Village of Waterford shall remain without change and in full force and effect.

Introduced: 14th of December, 2020 Passed and adopted: 14th of December, 2020

BY ORDER OF THE VILLAGE BOARD

______Don Houston, Acting President

ATTEST:

5 ______Rachel Ladewig, Clerk

The previous version (Ordinance #657) had Public Hearings on October 23rd and December 11th, 2017.

EXHIBIT A LEGAL DESCRIPTION OF PARK MEADOW PLANNED COMMUNITY DEVELOPMENT DISTRICT

Lot 1 of Certified Survey Map No. 3312, being a part of Lot 41 of FAIRVIEW ESTATES ADDITION 1, located in part of the Southwest One-quarter (1/4) and Southeast One-quarter (1/4) of the Southeast One-quarter (1/4) of Section Twenty-seven (27), in Township Four (4) North, Range Nineteen (19) East, in the Village of Waterford, Racine County, Wisconsin. Tax Key No.: 191-04-19-27-003-410.

6 EXHIBIT B GENERAL DEVELOPMENT PLAN

1 1st DRAFT 1-11-18

ORDINANCE NO. 680

AMENDING AND RECREATING ORDINANCE 659 THE PARK MEADOW PLANNED COMMUNITY DEVELOPMENT DISTRICT IN THE VILLAGE OF WATERFORD AND REZONING LAND

The Village Board of the Village of Waterford, Racine County, Wisconsin, do ordain as follows:

Chapter 245 of the Code of the Village of Waterford, Racine County, Wisconsin, Zoning, Section 245-81, Park Meadow Planned Community Development District, is hereby amended and recreated as follows:

245-81 Park Meadow Planned Community Development District.

A. Permitted Uses.

(1) The permitted uses in this mixed-use planned community development district shall be a total of 41 duplex-family structures substantially conforming with the Two-family R-2 provisions set forth in s. 245-18 of this Chapter.

B. Other Uses. No other uses are allowed in the Park Meadow Planned Community Development District unless permitted pursuant to a specific provision of this Chapter.

E. Garbage and Recyclable Collection. See s. 186-7 of this Code.

F. Automobile parking and parking facilities.

(2) Parking shall be limited to driveway approaches, marked parking stalls and public streets within the district. No parking shall be permitted in or on any other area.

K. Easements.

All public storm sewers shall be laid in Village rights of way. Storm water

3 management systems serving the development must be constructed pursuant to Chapter 250 of this Municipal Code, and shall remain private and the responsibility of the owner or association, and easements shall be granted to the Village in the event that it is required to provide emergency repairs or maintenance.

All other language as contained in Chapter 245 of the Code of the Village of Waterford shall remain without change and in full force and effect.

Introduced: 14th of December, 2020 Passed and adopted: 14th of December, 2020

BY ORDER OF THE VILLAGE BOARD

______Don Houston, Acting President

ATTEST:

______Rachel Ladewig, Clerk

The previous version (Ordinance #657) had Public Hearings on October 23rd and December 11th, 2017.

EXHIBIT A LEGAL DESCRIPTION OF PARK MEADOW PLANNED COMMUNITY DEVELOPMENT DISTRICT

6 EXHIBIT B GENERAL DEVELOPMENT PLAN

VILLAGE OF WATERFORD NOTICE OF PUBLIC HEARING

The Village of Waterford Village Board will hold a public hearing at the Village Hall, 123 N River St, Waterford, Racine County, Wisconsin before the Plan Commission meeting on Wednesday, November 18 at 6:00 PM or shortly thereafter and before the Village Board meeting on Monday, December 14, 2020 at 6:30 P.M, or shortly thereafter, for the purpose of considering Ordinance No. 680 Amending and Recreating Ordinance 659 The Park Meadow Planned Community Development District in the Village of Waterford and Rezoning Land.

Zeke Jackson Zoning Administrator [email protected] 100 VILLAGE OF WATERFORD BOARD REPORT

For additional information: http://www.waterfordwi.org

Meeting Date: December 14, 2020

Recommendation: That the Village Board accept the recommendation of staff to approve Resolution No. 931 Amending the Fee Schedule Chapter 186 Solid Waste.

Background: Through the budget process the Village approved eliminating the Yard Waste Permit fee and passed that expense onto the refuse fees for Village residents in an amount of $3.85 per year. The fee schedule section 186-7B is also being updated to reflect the changes in refuse and recycling containers as set by John’s disposal.

Fiscal Impact: None

Submitted,

Zeke Jackson Village Administrator

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: 2 101

RESOLUTION NO. 931-121420 AMENDING THE FEE SCHEDULE CHAPTER 186 SOLID WASTE

WHEREAS in Ordinance 638 the Village determined the cost of refuse and recycling collection for residential properties, as defined in the ordinance, may be levied and collected as special charges against the properties served; and

WHEREAS the Finance Committee has recommended that the costs of collection be allocated against residential properties according to the type of container used and the frequency of pickup:

NOW, THEREFORE, BE IT RESOLVED that the Fee Schedule be amended to reflect the special charge for yard waste, refuse and recycling collection as follows:

186-5 Yard Waste Permit $0.00 Monthly Annually 186-7B Refuse (weekly pickup), 48 or 96 gallon cart $8.95 $107.41

Recycling (bi-weekly pickup), 48 or 96 gallon cart, inclusive of *recycling grant offset: $4.74 $56.88

Refuse and recycling containers, the cost of which will be allocated among the dwelling units served, as follows:

Refuse containers (weekly pickup): 8 yard $198.71 $2,384.46 6 yard $163.04 $1,956.48 2 yard $253.73 $3,044.77

Recycling containers: 6 yard (bi-weekly pickup) $175.27 $2,103.22 2 yard (weekly pickup) $169.15 $2,029.85 2 yard (bi-weekly pickup) $140.62 $1,687.46 *Note: the recycling grant offset is applied in arrears.

BE IT FURTHER RESOLVED that this Resolution shall be effective on December 14th, 2020.

Introduced: December 14th, 2020 Passed and Adopted: December 14th, 2020

BY ORDER OF THE VILLAGE BOARD

______Don Houston, President

ATTEST:

______Rachel Ladewig, Clerk 102 103 104 105 106 107 9:12 AM Village of Waterford 108 12/07/20 Expenses by Vendor Summary Accrual Basis November 2020

Nov 20 ACME SYSTEMS, INC. 115.00 AFRICAN AMERICAN CENTER 293.90 ALL-PRO MECHANICAL 1,076.75 AMERICAN POWER EQUIPMENT 229.99 ARBOR IMAGES, INC 105.00 AURORA HEALTH CARE 130.00 BADGER GLOVE & SAFETY 597.50 BARRY, DEBBIE 127.50 BATTERIES PLUS LLC 293.92 BOBCAT OF JANESVILLE 223.36 BRIAN LAUER* 80.00 BRODART CO 3,551.05 BRUMMEL, DAWN 55.00 BURLINGTON WATER/WASTEWATER 120.00 CANON FINANCIAL SERVICES 488.69 CENTRAL STATES FUNDS 28,031.35 CHRISTENSEN-KARWEIK, JANIS 197.50 CINTAS CORPORATION 588.90 CINTAS CORPORATION #447 135.44 COMPLETE OFFICE OF WI 107.34 CONDRAD, ROGER 75.88 CORE & MAIN 625.00 CRADLEPOINT, INC. 540.00 CREATIVE DISPLAYS, INC. 565.41 DARLENE HOLLAND* 70.00 DAVID MARTINSON 410.25 DAVY LABORATORIES 14.00 DEPARTMENT OF PUBLIC INSTRUCTION 200.00 DIANE LEMANCZYK 70.00 DIVERSIFIED BENEFIT SERVICES 95.50 DONALD LEE 70.00 DONERITE JANITORIAL SERVICE 665.00 EAGLE MEDIA INC. 176.55 EMERGENCY MEDICAL PRODUCTS 773.14 ems customer 1,104.10 EXPLORE WATERFORD 608.00 FASTENAL COMPANY 1,074.90 FIDELITY TITLE COMPANY 212,637.28 FOXWOOD ISLE HOMEOWNERS ASSN 32.40 FREEDOM MAILING SERVICES 298.64 GALE/CENGAGE LEARNING 23.25 GIDDINGS HAWKINS 480.00 GOFF, CHARLES & JODY 186.69 GOLDEN FLIGHT EXPRESS 779.44 GREY HOUSE PUBLISHING 344.00 GUTTORMSEN, TERRY & NUDO LLC 5,785.25 HARBOR HEIGHTS -16,762.18 HAWKINS, INC. 923.00 HOME PATH FINANCIAL LLC 309.56 HUMPHREY SERVICE PARTS, INC 79.02 HYDRO CORP 693.00 ICMA MEMBERSHIP RENEWALS 908.00 JAMES HOLLAND 410.00 JEANNE GEROVAC 75.00 JILL STEFKA 132.50 JOANN HOUSTON 87.50 JOHNS DISPOSAL SERVICE, INC 26,372.14 JOHNSON'S NURSERY INC. 264.75 JOHNSON BLOCK AND COMPANY, INC 15,000.00 KARWEIK, JORDAN 77.50 KLEPP, JEANNE 245.00 KLEPP, LAWRENCE 245.00 KOCH, DAVID 422.07 LAKELAND BIOLOGISTS 82.50 LAKESHORES LIBRARY SYSTEM -502.08 LANGE ENTERPRISES 426.08 LARSON, KAREN 130.00 LEAGUE OF WISC MUNICIPALITIES 225.00 LINCOLN CONTRACTORS SUPPLY 154.00

Page 1 9:12 AM Village of Waterford 109 12/07/20 Expenses by Vendor Summary Accrual Basis November 2020

Nov 20 LINK COMPUTER CORPORATION 800.00 M & L AUTOMOTIVE 2,182.06 M & W SHOPS INC 390.00 MEAD & HUNT 26,554.65 MENARDS 687.56 MICHELLE ZARLETTI 155.00 MILLER ELECTRICAL ENTERPRISES 637.30 MILLER MOTOR SALES 804.00 MUELLER, RICHARD 1,200.00 MUKWONAGO AUTO PARTS 139.72 NEHRING, TOM 1,200.00 PARTSMASTER 164.77 PATRICIA MCDANIEL 25.00 PATS SERVICES, INC 330.00 PAUL SWARTZ NURSERY & GARDEN 1,844.00 PERRIN, CARYL 339.25 PRAXIS CONSULTING 2,200.00 PRINCIPAL FINANCIAL GROUP 285.71 PROFESSIONAL BUSINESS SYSTEMS 220.00 PROHEALTH PHARMACY 840.60 PROPHOENIX CORPORATION 435.74 PUBLIC SERVICE COMMISSION 30.63 RACINE COUNTY INFORMATION SYS 5,490.30 RACINE COUNTY PUBLIC WORKS DEP 331.40 SAFEBUILT, LLC 46,357.13 SAFEWAY PEST MANAGEMENT 112.00 SCHAEFER, ADAM 403.31 SETTINGSGAARD, REGINA 165.00 SOUTHERN LAKES NEWSPAPERS, LLC 2,139.68 SRS ROOFING & SHEET METAL, INC 2,590.00 SUNBELT RENTALS, INC. 163.64 SUSAN SCHUYLER 492.50 SWEEP-ALL 1,785.00 SYNCB/AMAZON 4,079.37 TAD SCHRAM 86.04 TAPCO 649.28 TARGET SOLUTIONS LEARNING, LLC 6,445.22 TDS TELECOM 1,201.49 THOMAS WOZNIAK 77.50 UNITED LABORATORIES 7,190.15 UPPER CASE PRINTNG INK 162.93 USA BLUE BOOK 413.43 V2G SURVEYING LLC 3,600.00 VERIZON WIRELESS 592.64 WANASEK CORP 3,666.25 WATERFORD GRADED SCHOOL 10,158.20 WATERFORD OIL COMPANY 54.12 WATERFORD POLICE DEPARTMENT 29,238.05 WATERFORD UNION HIGH SCHOOL 5,967.82 WE ENERGIES 16,682.88 WELDERS SUPPLY CO 291.55 WESTERN RACINE COUNTY SEWERAG 138,403.80 WEX BANK 1,615.20 WIND LAKE AUTO PARTS 594.68 WISC DEPT OF TRANSPORTATION 8,866.16 WITTE SUPPLY CO 5.00 YVONNE LAUER 80.00

TOTAL 635,867.94

Page 2 110 VILLAGE OF WATERFORD TREASURER’S REPORT For additional information, visit www.waterfordwi.org

December 8, 2020

Treasurer’s Report 2020 Tax bills were completed and mailed 12/4/2020 by Racine County Levy Limit worksheet submitted New Budget entered into Quickbooks

Currently working on: WRS annual reconciliation prep work 2019 TeamCare/Central States Audit 2020 Reconciliations

Included in the packet: YTD reports by Fund Utilities Aging Summary & Customer Statistical Report October American Deposit Funds Statement November Associated Bank Investment Funds Statement November Associated Bank Collateral Statement November Expenses by Vendor Summary Ambulance Gross Revenue All Phases Report

Humbly Submitted,

Michelle Vandehey Village Treasurer

Village of Waterford | 123 North River Street | Waterford WI 53185 | 262.534.3980

111 112 113 114 115 116 Village of Waterford Customer Statistical Report 117C017 Filters: Billing Group: All Accounts, From Date: 11/01/2019, To Date: 11/30/2020, Municipality: Village of Waterford, Past Due Days: 90

Address Type Reporting Group Total Customers Payments Customers Past Due Residential Overpayment 424 279507.71 55 Sewer 1941 968378.00 315 Water 2032 824498.64 315 Other 3 20.00 1 Commercial Overpayment 44 38162.74 3 Sewer 150 141544.16 19 Water 151 116250.32 19 Other 1 0.00 0 Industrial Overpayment 2 0.00 0 Sewer 13 22089.82 0 Water 13 17062.97 0 Public Overpayment 2 361.30 0 Sewer 20 46322.89 0 Water 20 45862.36 0 Multi Family Overpayment 8 110.90 0 Sewer 38 76089.36 0 Water 38 55766.79 0

Printed 12/07/2020 08:11:11 am 1 / 1

Powered by TCPDF (www.tcpdf.org) Village of Waterford Aging Report 118R001 Filters: Aging Profile: Standard Aging, Billing Group: All Accounts, Aging Date: 11/30/2020 11:59 PM, Include: All Balances, Include Groups Older than or Equal To: 120 days, Group By: Account Status, Sort By: Account Number, Customer Info (CSV Only): Owner, Report Type: Summary

Aging Summary

Account Status Water Sewer Other Overpayment Total Current 30 days 60 days 90 Days 120 days Active 1,659.87 2,454.47 0.00 -709.44 3,404.90 0.00 -150.00 1,609.40 0.00 1,945.50 Suspended -113.88 -199.08 0.00 0.00 -312.96 0.00 0.00 0.00 0.00 -312.96 Inactive 281.25 249.01 0.00 -7.25 523.01 0.00 27.39 103.89 0.00 391.73 Pending 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total 1,827.24 2,504.40 0.00 -716.69 3,614.95 0.00 -122.61 1,713.29 0.00 2,024.27

Printed 12/07/2020 08:08:25 am 1 / 1

Powered by TCPDF (www.tcpdf.org) 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 All Phases Gross Revenue Village of Waterford January 2018 to November 2020

$32,000

$28,000

$24,000

$20,000

$16,000

$12,000

$8,000

$4,000

$0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec

2018 2019 2020

2019 2020

January $0 $18,105

February $0 $22,153

March $0 $28,020

April $0 $15,556

May $0 $19,035

June $0 $16,247

July $0 $13,276

August $0 $20,227

September $0 $19,247

October $12,407 $23,332

November $18,464 $13,429

December $16,710 $0

Total Gross Revenue $47,580 $208,627

This Report May Contain Confidential Information or Protected Health Information. 12/1/2020 Please Handle Accordingly. Page 1 of 1

(888) 777-4911 275.11.2020.M003 12/3/2020 THE VILLAGE OF WATERFORD Mail - WWMD Meeting Report Nov. 21 158

Zeke Jackson

WWMD Meeting Report Nov. 21 2 messages

Fred Koeller Tue, Dec 1, 2020 at 3:21 PM To: Zeke Jackson

Zeke,

Below is my report of information that is relevant to the Village from the November 21, 2020 WWMD meeting. Please include in Trustee’s packet.

1. WWMD has a new Board. The Board is continuing to work on the transition from the previous Board.

2. The WWMD Board approved of me being the Village liaison to report on their meetings.

3. WWMD is working on a new website. Meeting to discuss is set for December 17 at 6:30pm.

4. Meeting on December 17 at 7pm to discuss environmental engineering consulting firms relative to navigation improvements.

5. Safety upgrades to navigation aids and upgrades to the police boat to be discussed at December 17 meeting.

6. Eco Harvester purchase. DNR wants a demonstration before approving a permit for use. Manufacturer requested $8,500 from WWMD to offset their costs to transport a harvester and for operation during the demonstration.

7. WWMD meetings to be held fourth Thursday of every month at 7pm.

8. Dan Schultz appointed to fill the open Board position.

9. Next regular meeting of the Board is scheduled for January 28 at 7pm. No regular meeting in December.

Respectfully submitted, Fred Koeller

Zeke Jackson Thu, Dec 3, 2020 at 12:47 PM To: Fred Koeller

Thanks Fred! [Quoted text hidden] -- At your service, I am,

Zeke Jackson, Village Administrator https://mail.google.com/mail/u/1?ik=745d581189&view=pt&search=all&permthid=thread-f%3A1684912415010617217&simpl=msg-f%3A1684912415010617217&simpl=msg-a%3Ar77471584484570372… 1/2 12/3/2020 THE VILLAGE OF WATERFORD Mail - WWMD Meeting Report Nov. 21 Village of Waterford, WI | 123 N. River St. | Waterford, Wisconsin 53185 159 (262) 806-1750(cell) | (262) 534-3980(oﬃce) | [email protected]

Open Meengs Disclaimer: The email abo ve contains the thoughts, opinions, and commentary of the author alone. It is intended as a one-way transmission of a thought, idea, or informaon r elated to my role as a municipal official or issues within the municipality, but is not intended to serve as an invitaon f or reply, rebu al, discussion, debate or responsive commentary. Please do not respond to this email, unless specifically requested to do so above, as it is the author's intenon t o uliz e the informality and convenience of this electronic message while simultaneously avoiding any and all violaons of the Wisc onsin Open Meeng La w contained in Secon 19.81 of the Wisc onsin Statutes or elsewhere within Wisconsin law, as applicable to this municipality as described in 66 Op. A orney General 237 (1977). Specifically, there is no intenon on the part of the author to engage in or foster any governmental business as defined in State ex. rel. Newspapers v. Showers, 398 N.W.2d 154 (Wis.1987). You are specifically requested to refrain from forwarding or replying to all with regard to its contents, so as to avoid the possible walking quorum proscripons, including those c onsidered in State ex. rel. Lynch v. Conta 239 N.W.2d 313 (Wis. 1976). It is the author's mov e and intent to comply with the overriding policy of the open meeng la w - to ensure public access to informaon about g overnmental affairs.

https://mail.google.com/mail/u/1?ik=745d581189&view=pt&search=all&permthid=thread-f%3A1684912415010617217&simpl=msg-f%3A1684912415010617217&simpl=msg-a%3Ar77471584484570372… 2/2 160 VILLAGE OF WATERFORD BOARD REPORT For additional information, visit www.waterfordwi.org

Meeting Date: December 14, 2020

Director’s Report

Circulation Preliminary Report for November 2020  11,803 items circulated during the month of November 2020  114,137 items have circulated since January 1, 2020 o 34,816 of these items were checked out specifically to Village of Waterford residents

Library Visits  3,189 people visited the library in November 2020

Programming Preliminary Report for November 2020  959 people attended programs at the library this month. o 7 adult programs hosted 258 participants o 14 juvenile programs hosted 617 participants o 4 teen program hosted 84 participants

Updates & Upcoming Programming  On December 3 there was a virtual tree lighting program livestreamed on Facebook and added to the library’s YouTube channel. A circulation drawing was held during the month of November to determine the person who would light the tree.  There are two afternoons in December available to anyone who would like some time to play on the grand piano. These dates are December 9 and 21 from 2:00 pm – 7:30 pm. Please contact the library to reserve your spot.  The Winter Reading Challenge begins on December 21 with Beanstack, a reading challenge software and app. The title of the challenge is Would You Like to Build a Snowman? Watch the window on River St. as we build a snowman, one snowflake at t time, which will depict how many minutes patrons have read.

Respectfully submitted, Heather Kinkade Library Director

Village of Waterford | 123 North River Street | Waterford WI 53185 | 262.534.3980

161

Visit us at WWW.SEWFRC.ORG

Southeastern Wisconsin Fox River Commission Virtual Meeting Agenda

Friday December 11, 2020 - 1:00 PM The Meeting will be a Virtual Zoom Meeting Join Zoom Meeting https://naturesclassroom- ncm.zoom.us/j/96288837655?pwd=OHh1UHN6ZC9jSVFXL0dCRFJaVllSQT09

Meeting ID: 962 8883 7655 Passcode: 9KedSR

The following agenda items will be discussed and action may be taken by the Southeastern Wisconsin Fox River Commission (SEWFRC):

1. Call meeting to order, pledge of allegiance, roll call and verify quorum. 2. Approval of minutes from previous meeting held October 9, 2020. 3. Treasurer’s Report for October and November 2020. 4. Election of Officers for 2020 – 2021 fiscal year.

Old Business a. Fox River 2021 Summit or UW Extension Webinar – Tom Slawski. b. SEWRPC Survey from Waterford dam to Illinois border – Tom Slawski c. Oakwood Shores Park Streambank Stabilization Project – Andy Buehler. d. John Kojis Farm Field gulley repair project – Chad Sampson e. Report on Fox River Park Project – Alan Barrows f. Small-Scale Dewatering Test Engineering - WWMD g. Small-Scale Dewatering Test –W@WMD h. Zanella Shoreline Restoration project – Chad Sampson i. Reidy Shoreline Restoration Project – Chad Sampson j. White Oak Lane Shoreline Restoration Project – Chad Sampson k. ER-31 Stream Bank Erosion Site – Waterford Landing HOA Fred Koehler & Chad Sampson

5. New Business

a. Discussion concerning Acceptance Criteria for Shoreline Restoration Projects – All Consider the motion made by Jim Pindel at the 10/9/20 meeting reprinted

1 162

Visit us at WWW.SEWFRC.ORG here: The motion was we would do a 90% cost share up to $10,000. We put an annual limit on shoreline restorations at $50,000. Jim said he would modify the item in the Project Acceptance Criteria which now asks “does the proposed project assist in local decision-making or formation of a strategy to protect the quality of the Fox River ecosystem”? To now say is the proposed project one of the 41 erosion sites identified in the SEWRPC survey, if it is it gets 4 points and if it is in the top half of the identified erosion sites it gets 8 points. b. 2021 – 2030 SEWFRC Implementation Plan - modifies existing Plan with added addendums? - Change fiscal year to Calendar year? -Others?

6. Reports & Updates a. Report on activities of Fox Waterway Agency of Illinois – FWA or Jeff Lang b. Possible diversion of City of Waukesha water treatment plant discharge away from the Fox River – WDNR c. SEWFRC Website – Al Sikora or Alan Barrows

7. Correspondence a. 10/13/20 Email from Jim Pindel to mark your calendars for today’s meeting. b. 10/13/20 Email from Jim Pindel with the motion concerning Shoreline Restoration Acceptance Criteria. c. 11/4/20 Email from Jim Pindel concerning “we have a big problem”. d. 11/9/20 Email from Jim Pindel with follow up to Chad Sampson, Alan Barrows and Grant Horn asking for specific help with the big problem. Received replies from Chad Sampson and Greg Horeth. e. 11/13/20 US Mail Letter from Mark Schaaf of Racine County stating that we will not receive any Cultural Grant Funds in 2021.

f. 7. Miscellaneous Issues – Next Meeting and Location. Possibly set dates for additional future meeting dates and locations.

8. Close Meeting.

* If you have any question about the Agenda, please call Secretary/Treasurer Jim Pindel at 262-895-3703.

2 163 Southeastern Wisconsin Fox River Commission Proceedings 1 of 7 October 9, 2020 Commission members present: Katelyn Bratz (Town of Mukwonago) (Vice Chairperson) Andy Buehler (Kenosha County) Alan Barrows (Waukesha County) Donny Hefty (City of Burlington) Chad Sampson (Racine County) Doug Koehler (City of Waukesha) Fred Koeller (Village of Waterford) Lee Manthey (Town of Vernon) Wayne Jensen (Village of Rochester) Wayne Castle (Village of Mukwonago) Bill Hopkins (Village of Salem Lakes) Tom Slawski (SEWRPC) Jim Pindel (Town of Waterford) (Secretary/Treasurer)

Commission members absent: Jeff Lang (Town of Burlington) Larry Long (Village of Big Bend) Rachel Sabre (Wisconsin DNR) Andrew Lois (Town of Wheatland) Ken Miller (Town of Waukesha)

Also present: Don Baron and Grant Horn of the WWMD, Mark Jenks of Kenosha County.

At 1:01 PM, 10/9/2020, Vice Chairperson Katelyn Bratz called the Public Hearing to order.

The only order of business was the review of the Southeastern Wisconsin Fox River Commission Proposed Budget for 2020 - 2021. This is the fourth budget based on a July 1 to June 30 fiscal year. For the record, Jim Pindel stated that the notice of Public Hearing and the Proposed Budget was published in the 3 newspapers of record, namely the Waukesha Freeman, the Racine Journal Times and the Kenosha News. The proposed budget was read for the record. Vice Chairperson Katelyn Bratz then asked the non- commission members present if they had any questions or comments. Grant Horn of the WWMD said that the amount listed for the Small Scale Dewatering test Engineering will come in under budget. Jim Pindel said that this was good news but does not affect the budget as submitted. Katelyn then asked the public a second and third time if anyone wanted to speak in favor or against the proposed budget. There were no comments from the public concerning the budget. It was then motioned by Wayne Jensen and seconded by Donny Hefty that the public meeting be closed and so the meeting was closed.

The Public Hearing was closed at 1:09 PM.

1. At 1:09 PM, Vice Chairperson Katelyn Bratz called the SEWFRC meeting to order. The Pledge of Allegiance was recited. Roll call was taken and a quorum 164 Southeastern Wisconsin Fox River Commission Proceedings 2 of 7 October 9, 2020 was confirmed.

2. Approval of the Proposed 2020 – 2021 SEWFRC Budget. It was motioned by Alan Barrows and seconded by Wayne Jensen that the proposed budget be approved. The motion carried unanimously.

3. Minutes The minutes from the September 11, 2020 meeting were reviewed. It was motioned by Donny Hefty that the minutes be approved as submitted and the motion was seconded by Andy Buehler. The minutes were approved unanimously.

4. Treasurer Reports – Jim Pindel reviewed the September 2020, treasurer’s report. We started the month with $116,939.84 in our Money Market Account. The only change to the report was the $14.41 of interest we made. This interest brought the money market account up to $116,954.25 and the non-grant income up to $44,445.25. It was motioned by Alan Barrows that the Treasurer’s Report be accepted and seconded by Doug Koeller that the treasurer’s reports be approved and the motion carried unanimously.

5. Election of Officers for 2020 – 2021 fiscal year. Jim Pindel started out by saying that he would be willing to continue on as Secretary/Treasurer, but only for one last year. He pointed out that during the next year someone has to take on the Secretary Job and someone else has to assume the Treasurer’s job. They should start during the year so Jim can help them get familiar with how to do things. Alan Barrows asked Katelyn Bratz if we could table this issue until the next meeting because some of the commissioners were not present and he thought that someone might be willing to accept either or both offices. Katelyn Bratz said that she was willing to continue on in her position which should be Chairperson, not Vice Chairperson, as she is listed now. It was motioned by Alan Barrows and seconded by Donny Hefty that we table this issue until our next meeting.

1. Old Business

a) Fox River Partnership 2021 Summit: Tom Slawski: Tom Slawski said that he is working on the Summit which will be hosted on the UW Extension Webinar; he is getting the program together and will see how the day will play out.

b) SEWRPC Survey for Waterford Dam to the Illinois Border – Tom Slawski said that he was working on the draft version of the final report. Tom expects the report to be ready sometime in November.

c) Oakwood Shores Park Streambank Stabilization Project – Andy Buehler. Andy Buehler asked Mark Jenks to make the report. Mark said that he and the contractor met on site and expected the WDNR to be there as well. The WDNR did not show up but Mark has talked to them on the phone and found 165 Southeastern Wisconsin Fox River Commission Proceedings 3 of 7 October 9, 2020 that they are okay with the project and told him to get started ASAP. Mark said that the contractor is now trying to find how he can fit this project in with the other work he is doing. Once the contractor gets mobilized on site the work should only take a couple days. Mark expects the project to be completed this year.

d) John Kojis Farm Field gully repair project: Chad said that he talked to John Kojis about 3 weeks ago and found out that he has field corn planted in that field and doesn’t want to have about 4 acres of corn destroyed by the project. Chad said he has a contractor all ready to start and as soon as the corn is off the field they will get the project done. Chad thinks it should get done this year.

e) Report on the Fox River Park Project: Alan Barrows. Alan Barrows said that they are working with the Wisconsin Department of Agriculture Trade and Consumer Protection (DATCP) engineers to get the design done. Alan said that the County has been approached by the Village of Mukwonago water treatment department and as part of their adaptive management plan will provide some funds to extend the project down river to where the bridge passes over the Fox River. Alan said that they are very happy to have the Village of Mukwonago as a partner in this project. Alan believes that the project will be done in 2021.

f) Small-Scale Dewatering Test Engineering – WWMD. Grant Horn said that we budgeted $13,860 but this project is coming in well under budget, so there will be some savings for us here.

New Business

a) Discussion concerning Acceptance Criteria for Shoreline Restoration Projects: Chad Sampson started out by saying he has thought about this quite a bit trying to decide what is fair and what is not fair. Chad said that the property frontages along the river are generally quite short like 60 to 100 feet long. Chad said he thought we should consider paying 90% of the cost up to $10,000. This would cover a majority of the restorations and then we would have to consider what we do above that. Chad said for example the Zanella shoreline project we will be voting on later in the meeting covers 235’ of shoreline, so we would only provide $9,000 toward this project and it would be up to the land owner to get the rest somehow. Going further Chad said he thought we should limit our spending on shoreline restoration project to about $50,000 annually leaving the rest of our funds available for other projects. Jim Pindel pointed out that he sent a list of all the discussion points concerning this topic and a condensed summary of these points to everyone before the meeting. Jim indicated which of the points he thought had merit and attempted to make a motion that covered it all. The motion was we would do a 90% cost share up to $10,000. We put an annual limit on shoreline restorations at $50,000. Jim 166 Southeastern Wisconsin Fox River Commission Proceedings 4 of 7 October 9, 2020 said he would modify the item in the Project Acceptance Criteria which now asks “does the proposed project assist in local decision-making or formation of a strategy to protect the quality of the Fox River ecosystem”? To now say is the proposed project one of the 41 erosion sites identified in the SEWRPC survey, if it is it gets 4 points and if it is in the top half of the identified erosion sites it gets 8 points. Wayne Jensen said he was concerned that with these limits we would only be able to do 5 or 6 projects a year and there are hundreds of sites that need work. Wayne also said that with some commissioner not present we should probably put off making a final decision. Wayne also said that the first point in the list of considerations “Put a moratorium on shoreline restorations for the next year” seems reasonable to him. Chad Sampson said he has two shovel ready projects that could start tomorrow and he doesn’t think it is fair to put off our decision on funding them any longer, he has already put them off for the last month knowing that we were going to consider how to treat shoreline restorations. At this point Chad seconded Jim Pindel’s motion, later we decided not to go forward with this motion at this time. Andy Buehler then asked wasn’t someone going to look into some other funding mechanism for these projects. Chad Sampson said that he did look into it and there is a $5,000 grant program from the WDNR’s surface waters program and there are probably some other programs as well. Jim Pindel pointed out that we have to be careful not to double dip on WDNR grants. You cannot partially fund a project from more than one WDNR grant program. Andy Buehler then asked if we knew how much other grant funds were available and what is the probability of getting these funds. Chad said he hadn’t looked at that yet. Bill Hopkins asked Chad if he could look into the timing of these other grants to see what the turnaround time would be. Don Baron of the WWMD said that he applied for the surface waters program grant for the 5 shoreline restoration project that the WWMD needs to get done. He said that the program has an application deadline in November and that the application process is complicated and it took him 3 days to do the application. Andy Buehler made the suggestion that we consider the two projects that Chad has on the agenda for voting under out current norms and apply whatever decision we make concerning overall shoreline restoration on all projects after that. The consensus was that this makes sense. Jim Pindel said that he would provide a written copy of his motion to everyone to consider or modify before our next meeting

b) Small-Scale Dewatering Test Presentation – WWMD. Grant Horn said that the project amounted to building a 2,700 cubic yard pond to hold 400 to 500 cubic yards of dredged material that will be 15% to 18% solids. They expect to dredge about 100 feet of river length just downstream of the WDNR launch. This will provide improved access to this area. All the piping from the dredge to the pond would be above ground. The dredged materials would be allowed to settle for 1 or 2 weeks. The nitrate, nitride and ammonia levels as well as PH will be monitored throughout the process to see if the levels fall within the WDNR’s acceptable limits. . It was the consensus of the commission that we could hold off on waiting until the next meeting to vote on funding this project. Katelyn Bratz asked if we need to review the project acceptance criteria before voting and 167 Southeastern Wisconsin Fox River Commission Proceedings 5 of 7 October 9, 2020 Jim Pindel pointed out that we have reviewed the acceptance criteria on many of the phases of the dredging project already and it certainly would pass again. Fred Koeller asked if we need to make the funding of $52,500 contingent on the WWMD being able to provide the rest of the funds to get the project done. The WWMD has funds available in the ESR budget and a special dredging account to make up the difference. Jim Pindel made a motion that we fund this project at $52,500 and the motion was seconded by Wayne Jensen. The motion passed unanimously.

c) Zanella Shoreline Restoration Project presentation: Chad Sampson said that he made the presentation on this project at our last meeting. The project was about $40,000 because much of the shoreline was heavily wooded and steep. Jim Pindel pointed out that this is the next meeting and so we should vote on it today. Jim also pointed out that he provided a copy of the project acceptance criteria for this project and the Reidy project at our last meeting which we all agreed to. Chad Sampson made a motion that we fund this project at 50% cost share or $20,000 and the motion was seconded by Bill Hopkins. The motion passed unanimously. It will be up to the land owner to come up with the other $20,000.

d) Reidy Shoreline Restoration Project: Chad Sampson said that this is a project that is shovel ready. Chad said that he originally asked for 90% of the $10,000 estimated cost but now thinks it will come in lower. It was motioned by Bill Hopkins that we fund this project at a 90% cost share and the motion was seconded by Alan Barrows. The motion passed unanimously.

e) White Oak Lane Shoreline Restoration: Chad Sampson asked Katelyn if she could project the presentation for all of us. Chad said it is very much like all the other shoreline restoration projects. Chad said that the project is on the peninsula between Conservancy Bay and Tichigan Lake. It amounts to 58’ of shoreline. The owner is about to sell the property to someone who intends to build a house on it. Chad said he was concerned because there was so much erosion on the site. He provided a picture of the shoreline that has a steel fence pounded into the ground to hold the shoreline back. The project amounts to excavating 58’ of shoreline and place riprap along it, Remove one small Willow tree, provide native plants along the shoreline, and put lawn grasses around the pier and high traffic areas and mulch and erosion control. Chad said that this project is shovel ready. It was the consensus of the commission that even though we normally would wait until our next meeting to vote on a project, the fact that our virtual meetings are not regularly scheduled we could vote on this project today. Jim Pindel motioned that we accept this project at 90% cost share and the motion was seconded by Donny Hefty. The motion passed unanimously.

f) ER-31 Stream Bank Erosion Site – Waterford Landing HOA Presentation: Fred Koeller said that the Fox River runs about 1000’ along this site and the Waterford landing about 650’ of this site is ER-31 identified in the SEWRPC survey. Fred said that the Village has already completed out 60’ of shoreline restoration. Fred 168 Southeastern Wisconsin Fox River Commission Proceedings 6 of 7 October 9, 2020 said that some if the reason that the shoreline has been worked on is that running through it is a deeded walking and bike path. The path is deeded as public access. There is over a mile of path running through a 44 acre conservancy. The conservancy has about 3000’ of shoreline. In the future the Village is considering building a pedestrian bridge over the Fox River to connect Whitford Park to the path. Fred said that from 2000 to 2015 the erosion along ER-31 varied between 7’ and 11.5’. In the SEWRPC survey the erosion here is considered high and the severity as moderate. It is estimated that between 81 and 20.5 tons of sediment is loaded into the Fox River each year from this site. Chad said that his staff felt there was 195’ of shoreline that needed immediate attention. The project amounts to excavating 195’ of shoreline and placing riprap, remove dead, diseased, fallen or undesirable trees, native plants on the shoreline, lawn grasses on high traffic areas and do mulch and erosion control. The cost estimate for the project is $30,000 with 90% being $27,000. There was some discussion on if we could afford $27000 and Katelyn pointed out that this is a public access site not a private owner. Chad Sampson motioned that we provide $20,000 toward this project and the motion was seconded by Wayne Jensen. The motion passed unanimously.

g) 2021 – 2030 SEWFRC Implementation Plan; Tom Slawski was no longer on the Zoom meeting. Jim Pindel pointed out that at our last meeting we asked SEWRPC to take charge of the new plan. Alan Barrows said that he talked to Tom Slawski after our meeting at Waterford Park and Tom was going to look for a Microsoft word version of the plan. Alan said that he volunteered to assist with the new plan but he has not had any contact with Tom since.

Reports and Updates

a) Report on activities of Fox Waterway Agency (FWA) of Illinois – Jeff Lang was not present and so no report was made.

b) Possible diversion of City of Waukesha water treatment plant discharge away from the Fox River: Alan Barrows said that he is continuing to do reviews on the return pipe line that runs through Waukesha County. Alan also said he has been contacted by contractors who want to get started, but they have not had a preconstruction meeting at this time. Jim Pindel pointed out that on 9/9/20 he forwarded an email from Tom Slawski with an update on the diversion. c) SEWFRC Website –Alan Barrows. Alan said that he received photos from Chad Sampson of some of the completed projects and he will be forwarding them to Al Sikora.

Correspondence – a. 9/8/2020 Forward of an Email from Dean Falkner concerning SEWRPC information about the Booth Lake diversion. 169 Southeastern Wisconsin Fox River Commission Proceedings 7 of 7 October 9, 2020 b. 9/9/2020 Forward of an email from Tom Slawski with attached update on the Waukesha diversion. c. 9/17/20 Forward of emails between Dean Falkner and Tom Slawski discussing the possibility of using the amount of phosphorus reduction as a criteria for project acceptance criteria. d. 9/28/2020 Email from Jim Pindel with attached Letter of Support for the Western Racine County Sewage Districts Adaptive Management Plan. e. 10/7/20 Email from Jim Pindel with September Treasurers Report and Summary of condensed Shoreline Restoration Points.

Miscellaneous Issues-

Chad Sampson said that the Watershed Protection Committee of Racine County had its Summer Field Day on September 10, 2020. Chad said about 35 people showed up. The Day was held outside with social distancing. They had a soil pit, some cover crops and an airplane flew over dropping cover crop seeds. Chad was encouraged by the fact that some younger farmers showed up. Their next workshop will be in February.

It was motioned by Bill Hopkins that the meeting be closed and the motion was seconded by Andy Buehler. The motion passed unanimously.

Meeting Closed at 2; 08 PM

THE NEXT OFFICIAL MEETING WILL BE Friday December 11, 2020 at 1:00 PM. Meeting Location: This will be a Zoom virtual meeting.

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