City Council Meeting Packets

COLUMBUS COMMON COUNCIL – REGULAR MEETING MONDAY, FEBRUARY 17, 2020 – 6:30 PM COLUMBUS CITY HALL AGENDA 1. Roll Call 2. Pledge of Allegiance 3. Notice of Open Meeting 4. Approve Agenda 5. Correspondence & Communications Consent Agenda 1. Council & Committee of the Whole Minutes – 2/4/20 2. Applications for Operator Licenses, term 07/01/19 – 06/30/21 New Business 1. Consider & take action to approve the recommendations from Ruekert & Mielke, consulting engineers, that Staab Construction Corporation be awarded the WWTF Influent Screen Replacement Contract in the amount of $798,000, including the alternate manufacture for the screen and washer 2. Consider & take action to approve a contract with United Liquid Waste Recycling, Inc. to haul away and store the city’s excess sludge 3. Consider & take action to approve CHLPC ADA Entryway Project and authorize them to move forward with the bid process 4. Consider & take action to approve the proposed 2020 Capital Projects Budget Amendment & Resolution 5. Consider & take action to approve the private sewer lateral replacement program and its application for all qualifying property owners of the City of Columbus 6. Consider & take action to approve the 2020 Haz-Mat agreement with Columbia County 7. Consider rescheduling the Council meeting of March 17th, 2020 due to the Agri-Business Annual Dinner 8. Consider rescheduling the Council meeting of April 7th, 2020 due to Spring Election 9. Consider & take action on claims in the amount of $ 834,002.98 10. Report of City Officers – Interim City Administrator, Mayor Adjourn  COLUMBUS COMMON COUNCIL – REGULAR MEETING MINUTES TUESDAY, FEBURARY 4, 2020 – 6:30 PM COLUMBUS CITY HALL 1. Roll Call: The meeting was called to order at 6:30 pm. Present: Mayor Thom, Council President Traxler, Gray, Johnson, Reid, Ryan; Interim City Administrator Berner, City Attorney Johnson, City Clerk Goebel, interested citizens and the media. Theilen was excused. 2. Pledge of Allegiance: Mayor Thom led the Pledge of Allegiance. 3. Notice of Open Meeting: Noted as posted. 4. Approve Agenda: Motion by Ryan, second by Traxler to approve agenda. Carried voice vote. 5. Correspondence & Communications: None. Consent Agenda: Motion by Traxler, second by Ryan to approve consent agenda. Carried voice vote. Council & Committee of the Whole Minutes – 1/21/20, Picnic License: Tri-County Oddfellows Lodge #40 – Oddtoberfest, September 26, 2020 – Fireman's Park Pavilion, Applications for Operator Licenses, term 07/01/19 – 06/30/21 New Business 1. Consider and take action to suspend the rules and establish a date for a special assessment public hearing for the Hibbard St. Project: Motion by Ryan, second by Traxler to suspend the rules and establish a date for a special assessment public hearing for Hibbard Street. Carried voice vote. 2. Consider and take action to schedule a special Committee of the Whole meeting for March 10th, 2020 at 6:30 pm in the Council Chambers for the purpose of conducting a Public Hearing to review the Engineer’s report and special assessments involving the Hibbard St. construction project: Motion by Traxler, second by Ryan to schedule a special Committee of the Whole meeting on March 10, 2020 at 6:30 pm in City Hall Council Chambers to conduct a Public Hearing to review the Engineer's report and special assessments involving Hibbard Street construction. Carried voice vote. 3. Consider & take action on claims in the amount of $668,368.80: Motion by Traxler, second by Ryan to approve claims in the amount of $668,368.80. Roll call vote unanimous. 4. Report of City Officers – Interim City Administrator: Berner reported on new hires for the City of Columbus: Troy Kehoe started at the WWTP on January 6; Pamela Fredrick was hired as Human Resources Administrator; Anthony Weber was hired as Maintenance Worker I at Public Works, Jake Boness was promoted to Maintenance Worker II at Public Works, Rebecca Dean-Bottom was hired as Court Clerk. Mayor: Joint Council & School Board meeting on February 6 at 6:30 pm at Columbus High School to discuss Roadmap 2050 and School Referendum; Ordinance Review ad Hoc Committee to meet 2/12 at 6:45 to continue discussion on HLPC ordinance and possibly building code; Council switched the next meeting to Monday February 17 due to Spring Primary Election; Cailin Lueders will be retiring on February 13 after 7 years at the Senior Center and City Hall. Adjourn: Motion by Traxler, second by Reid to adjourn at 6:53 pm. Carried voice vote. Submitted by: Pat Goebel, City Clerk  COLUMBUS COMMON COUNCIL – COMMITTEE OF THE WHOLE MINUTES TUESDAY, FRBUARY 4 – 6:45 PM COLUMBUS CITY HALL 1. Roll Call: The meeting was called to order at 6:59 pm. Present: Council President Traxler, alders: Gray, Johnson, Reid, Ryan, Thom; Interim City Administrator Berner, City Attorney Johnson, City Clerk Goebel, interested citizens and the media. Theilen excused. 2. Notice of Open Meeting: Noted as posted. 3. Approve Agenda: Motion by Ryan, second by Thom to approve with the removal of item #6. Carried voice vote. 4. Citizen Comments: None. 5. Committee Minutes: Placed on file: Recreation – 11/11/19, CDA – 10/23/19, 11/18/19, 12/16/19, Tourism – 10/7/19, 11/4/19, Plan Commission – 10/17/19, 11/21/19 6. Review and discuss scheduling a special Committee of the Whole meeting for March 10th, 2020 at 6:30 pm in the Council Chambers for the purpose of conducting a Public Hearing to review the City Engineer’s report and special assessment involving the Hibbard St. construction project: removed from the agenda. 7. Review and discuss bid recommendations from Ruekert Mielke for the WWTP Influent Screen project: The bid opening took place January 22, 2020. The low bidder was Staab Construction Corporation with a bid of $798,000 and Ruekert Mielke recommends accepting this bid. Forward to February 17 Regular meeting. 8. Review and discuss agreement with United Liquid Waste Recycling, Inc. for the Hauling of Wastewater Treatment Sludge: City Attorney Johnson voiced several concerns with the contract: option to renew but included no terms; hold harmless did not include the contractor. Johnson stated there is little risk to the City with the current contract. Council directed Interim Administrator to contact City's insurance carrier for input. Forward to February 17 Regular meeting. 9. Review and discuss CHLPC Pavilion ADA Entryway Project: Carolyn Fredricks, HLPC, briefly explained the project and requested City Engineer review the plans and bids specifications. Forward to February 17 Regular meeting. 10. Review and discuss 2020 Capital Projects Budget Amendment & Resolution: Berner reviewed the capital projects process. Council members had concerns the Mill & Overlay projects and pool leak contingency were not included. Forward to February 17 Regular meeting. 11. Review and discuss private sewer lateral replacement program: Council expressed interested to include this opportunity with Hibbard Street project as well as outside of construction projects. Forward to February 17 Regular meeting. 12. Review and discuss Wisconsin Dept. of Transportation (WDOT) Transportation Alternatives Program (TAP) Grant application: Planning & Development Director Schreiber reviewed the TAP grant application. A resolution would need to be submitted with the application. Return to COW with draft resolution. 13. Review and discuss application process for use of Mae Ward fund: Schreiber reviewed application process for the Mae Ward fund. Return to COW with suggested changes. 14. Review and discuss 2020 Haz-Mat coverage agreement between the City of Columbus and Columbia County: Forward to February 17 Regular meeting.  Page 2 – Committee of the Whole – 02/04/20 15. Adjourn to closed session pursuant to State Statutes 19.85 (1) ( g ) conferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved: Motion by Ryan, second by Gray to convene to closed session at 8:35 pm per State Statutes 19.85 (1) ( g ) conferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved. Roll call vote unanimous. 16. Motion to reconvene to open session: Motion by Gray, second by Ryan to reconvene to open session. Carried voice vote. Adjourn: Motion by Gray, second by Ryan to adjourn at 9:05 pm. Carried voice vote. Submitted by: Pat Goebel, City Clerk  2019 AGENDA ITEM Committee of the Whole Meeting date: _ _ ____ ______ Council Meeting date: _____February 17th, 2020__________ ITEM: _____New Operator Licenses for licensing period 7/1/19 – 6/30/21__ DETAILED DESCRIPTION OF SUBJECT MATTER: Recommend approval for new operator licenses: • Christina M. Basterash LIST ALL SUPPORTING DOCUMENTATION ATTACHED: ACTION REQUESTED OF COUNCIL: Recommend approval for new operator license(s)  2020 AGENDA ITEM Committee of the Whole Meeting date: ___February 4, 2020 Council Meeting date: ___February 18, 2020_____________ ITEM: ___Wastewater Treatment Plant Project Bids________ DETAILED DESCRIPTION OF SUBJECT MATTER: Review of bids received and recommendation letter from Ruekert-Mielke regarding Wastewater Treatment Facility influent screen project. LIST ALL SUPPORTING DOCUMENTATION ATTACHED: • Ruekert – Mielke letter discussing recommendation of award for influent screen project. ACTION REQUESTED OF COUNCIL: • Review and forward recommendation for approval of award for influent screen project.  4001 Nakoosa Trail, Suite 200, Madison, WI 53714 608-819-2600 MEMO TO: City Council - Columbus FROM: Jason P. Lietha, P.E. – Ruekert & Mielke, Inc. DATE: February 4, 2020 SUBJECT: Columbus WWTF – Screen Replacement and Upgrade The alternate bid for this project was to obtain a price for two different Influent Screens. The alternate bid we recommended was for the Enviro-Care Screen. All other components for the project were similar. We offer the following: The Enviro-Care perforated plate screen and the Huber step screen are two viable options for influent screen replacement at the Columbus WWTF. Between the two options, the Huber screen has a lower capital cost, but the Enviro-Care screen is more efficient at capturing solids. Both screens can be installed at 70 degrees. The construction of each screen is of grade 304 stainless steel, with the Enviro-Care’s alloy, 304L, containing a slightly lower carbon content. This has no perceived implication on corrosion or long-term performance. The screen opening size is listed as 6mm the Enviro-Care screen, but because of the circular geometry on the perforated plates, the total capture area is higher on the Enviro-care screen, even when compared to a 3mm step screen. Head losses are comparable if not identical with moderate blinding. The Huber screen uses significantly more wash water. The Enviro-care screen has a self- cleaning brush at the top of the screen near the discharge point. This brush is considered a wear item that will add an unknown additional maintenance cost over time. Parameter Enviro-Care Perforated Plate Huber SSV Step Estimated Cost $ 251,000 $ 212,000 Screenings Capture* 70-85% 35-53% Installation Angle 70 degrees 70 degrees Material Stainless Steel (304L) Stainless Steel (304) Screen opening size 6mm (circular geometry) 3 mm (rectangle geometry) Headloss (7 MGD) 15.6 in. (30% blind) 17 in. (35% blind) Screen Water Use 15 gpm (@ 40-60 psi) 72 gpm (@ 60 psi) WAP Water Use 11 gpm (@ 20-40 psi) 13 gpm (@ 60 psi) Total Water Use 26 gpm 85 gpm *screenings capture ranges were compiled from several sources, including manufacturer information. Overall, both screens are great options for the Columbus WWTF influent screen replacement project. The Enviro-Care screen is better in performance at an additional capital cost, but the O&M costs for both screens are not well quantified. JPL:jpl ~Columbus City 8117-10029>200-Design>Design > Berner-20200204-WWTP Screen Memo.docx~ Your Infrastructure Ally ruekertmielke.com  W233 N2080 Ridgeview Parkway, Waukesha, WI 53188-1020 262-542-5733 January 28, 2020 Mr. Dave Berner Administrator City of Columbus 105 N Dickason Blvd. Columbus WI 53925 RE: WWTF Influent Screen Replacement Dear Mr. Berner: Bids for the above project were opened on January 22, 2020 at 10:30 a.m. at City Hall, 105 N. Dickason Blvd., Columbus, WI 53925, and were as follows: Contract Price Including Contract Price Bidder Screen and Washer from Including Base Bid Alternate Bid 1. Staab Construction Corporation $ 837,000.00 $ 798,000.00 2. August Winter & Sons, Inc. $1,007,500.00 $ 974,500.00 We reviewed the documentation submitted by the apparent low bidder and found that: 1. The Bid Form has been appropriately completed. 2. We have no objections to the low bidder, nor to the proposed major subcontractors and suppliers. 3. Low bidder has successfully completed similar projects over the last 40 years. On these bases, we recommend that Staab Construction Corporation be awarded the WWTF Influent Screen Replacement contract, in the amount of $798,000.00, including the alternate manufacturer for the screen and washer. On all construction projects, and especially complex ones like this, unpredictable factors may increase the final contract amount. For this reason we recommend that the City include a 15 percent contingency when preparing the financial plan for this work. Our review did not include an evaluation of bidder's current financial condition nor of their permanent safety program. Should you decide to accept our recommendation, we have prepared the enclosed Notice of Award for your use. Please have the appropriate official sign where indicated and forward all three signed copies of the Notice of Award to our office. We will then fill in the date at the top of page one and forward it, with contracts for execution, to the Contractor. One fully completed Notice of Award will be returned to you for your records. ~ City 8117-10029 WWTF Influent Screen Replacement > 200 Design > Bidding > Berner-20200128-Recommendation of Award.docx~ Your Infrastructure Ally ruekertmielke.com Mr. Dave Berner City of Columbus January 28, 2020 Page 2 Bids remain subject to acceptance until March 22, 2020, unless Bidder agrees to an extension. Please advise us of your award decision, or call if there are any questions. Also, please see the attached financial plan requested by the City. Respectfully, RUEKERT & MIELKE, INC. David W. Arnott, P.E. (WI, IL, OK) Team Leader/Senior Project Manager darnott@ruekert-mielke.com DWA:sjs Encl: Notice of Award Bid Summary cc: John Nehmer, City of Columbus Jason P. Lietha, P.E., Ruekert & Mielke, Inc. Alan J. Labisch, E.I.T., Ruekert & Mielke, Inc. ~ City 8117-10029 WWTF Influent Screen Replacement > 200 Design > Bidding > Berner-20200128-Recommendation of Award.docx~ Your Infrastructure Ally ruekertmielke.com  NOTICE OF AWARD Date of Issuance: _____________________ Contract: WWTF Influent Screen Replacement Owner: City of Columbus Bidder: Staab Construction Corporation Engineer: Ruekert & Mielke, Inc. Address: 1800 Laemle Avenue Engineer's Project No.: 8117-10029.200 Marshfield, WI 54449 TO BIDDER: You are notified that your Bid dated January 22, 2020 for the above Contract has been accepted by Owner and you are the Successful Bidder and are awarded a Contract for: WWTF Influent Screen Replacement with Mandatory Alternate Bid The Contract Price of your Contract is: $ 798,000.00 Two (2) copies of the proposed Contract Documents (except Drawings) accompany this Notice of Award, or have been transmitted or made available to Bidder electronically. A set of the Drawings will be delivered separately, or otherwise made available to Bidder electronically. Bidder must comply with the following conditions precedent within 15 days of the date of issuance of this Notice of Award: 1. Deliver to Engineer one (1) fully executed counterparts of the Contract Documents. 2. Deliver with the executed Agreement the Bid security as specified in the Instructions to Bidders (Article 21), General Conditions (Paragraph 6.01), and Supplementary Conditions (Paragraph SC-6.01). 3. Deliver with the executed Agreement certificates and other evidence of insurance as specified in the General Conditions (Article 6) and the Supplementary Conditions modifying Article 6 of the General Conditions. Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited. Within 10 days after you comply with the above conditions, Engineer will return to you one fully executed counterpart of the Agreement. Owner: CITY OF COLUMBUS By: Authorized Signature Title: Date: Copy: Engineer 00 51 00-1 01/28/20 Ruekert & Mielke, Inc. ~8117-10029 WWTF Influent Screen Replacement > 200 Design > Bidding > 00 51 00 Notice of Award~7.doc~ BID SUMMARY WWTF Influent Screen Replacement City of Columbus, Columbia County, Wisconsin Bids Open: January 22, 2020 / 10:30 a.m. Contract Price Including Bid Addendum Contract Price CONTRACTOR Screen and Washer from Bond 1 Including Base Bid Alternate Bid Staab Construction Corporation √ √ $837,000 $798,000 August Winter & Sons, Inc. √ √ $1,007,500 $974,500 APPARENT LOW BID: $837,000 APPARENT LOW BIDDER: Staab Construction Corporation RUEKERT & MIELKE, INC. W233 N2080 Ridgeview Parkway Waukesha, WI 53188-1020 01/28/20 Ruekert & Mielke, Inc. ~8117-10029 WWTF Influent Screen Replacement > 200 Design > Bidding > Bid Summary~7.doc~  W233 N2080 Ridgeview Parkway, Waukesha, WI 53188-1020 262-542-5733 January 28, 2020 John Nehmer Wastewater Director Columbus Public Works 537 River Road Columbus, WI 53925 RE: WWTF Influent Screen Replacement Financial Plan Dear John: With bids now received and a recommendation of award made to the City, here is a financial breakdown for the remainder of the project: Item Cost Bid Cost with Alternate Screen and Washer $798,000.00 15% Construction Contingency $119,700.00 Remaining Balance on R/M Task Order 2019-03 $ 44,422.00 Total $962,122.00 If you have any questions or comments regarding this financial breakdown, please contact me directly at (262) 953-3080. Respectfully, RUEKERT & MIELKE, INC. David W. Arnott, P.E. (WI, IL, OK) Team Leader/Senior Project Manager darnott@ruekert-mielke.com DWA:sjs Enclosure(s) cc: Dave Berner, Administrator, City of Columbus Kim Manley, Finance Director, City of Columbus Michael Thom, Mayor, City of Columbus City Council Jason P. Lietha, P.E., Ruekert & Mielke, Inc. ~8117-10029 WWTF Influent Screen Replacement > 200 Design > Bidding > Nehmer-20200128-Financial Plan.docx~ Your Infrastructure Ally ruekertmielke.com  2020 AGENDA ITEM Committee of the Whole Meeting date: February 4, 2020 Council Meeting date: February 17, 2020 ITEM: United Liquid Waste Recycling, Inc. Sludge Contract DETAILED DESCRIPTION OF SUBJECT MATTER: WWTP Foreman John Nehmer has identified a lack of sludge storage space at WWTP and difficulty finding neighboring municipal waste systems to take the City’s waste material. It may be necessary to hire a third party Vendor to assist the City with sludge storage and removal in the future. John is recommending that the City continue the option of having a third party available to haul away and store the City’s excess waste sludge if necessary. United Liquid Waste Recycling is a Vendor the City has worked with in the past and the City has a good relationship with them. John and the City Attorney have been working with United Waste since April 2019 on an agreement for the removal and storage of the City’s excess sludge. The City Attorney is comfortable with the terms of the agreement with two exceptions. First, in Section 2, the contract indicates that at the end of the initial two-year term, the option for an additional two-year term, with price review, shall be offered to the City. The City Attorney has requested that the option be on the same terms and conditions as the original contract except for price review, and the Vendor has refused to include that additional language. Second, in Section 4.H. there is a hold harmless clause in which the City agrees to indemnify and hold harmless the Vendor against any claims that arise out of the City’s failure to perform its obligations under this agreement. This City has requested that this language run both ways so that the Vendor agrees to indemnify and hold harmless for any claims the City may have against the Vendor for its failure to perform. The Vendor has refused to give the City the same assurance that it demands from the City. With the exception of these two issues, the City Attorney is ok with the form and terms of the contract. LIST ALL SUPPORTING DOCUMENTATION ATTACHED: Contract from United Liquid Waste Recycling, Inc. ACTION REQUESTED OF COUNCIL: Consider at February 4 COW meeting. Take action and approve contract at February 17 Common Council meeting. C:\Users\pgoebel\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\XTOFS4V5\council memo 012120 (A3677779x9DEB4).docx  UNITED LIQUID WASTE RECYLCING, INC. Agreement for the Hauling of Wastewater Treatment Sludge THIS AGREEMENT is made and entered into this 18th day of February, 2020, between United Liquid Waste Recycling, Inc., a Wisconsin corporation (“Contractor”) and The City of Columbus (“Client”). WITNESSETH WHEREAS, Client owns and operates a wastewater treatment facility that produced certain cake waste sludge which requires offsite storage and land application (collectively, “Waste”) at the following location; 527 River Rd, Columbus, Wisconsin. WHEREAS, Contractor operates a waste removal, transport, storage, recycling and waste disposal business with its principle office located at 715 Morgan Street, Clyman, Wisconsin 53016; WHEREAS, Client desires to retain Contractor as a contract carrier to transport Client’s Waste to specific offsite locations for land application and Contractor desires to do; NOW, THEREFORE, in consideration of the mutual promises contained herein, it is hereby agreed by and between the parties hereto as follows: 1. Effective Date. The effective date of this Agreement shall be the date first shown above. 2. Term. The term of this Agreement shall begin on the Effective Date and ending on December 31st, 2021 but subject to the termination provisions set forth herein. During the term of this Agreement, Contractor will provide sludge hauling services to Client during the entire term on a weekly basis or as otherwise needed and mutually agreed upon. The option for an additional two (2) year term, with price review, shall be offered at the end of the contract term. 3. Contractor’s Obligations. During the term of this Agreement, and in addition to any other requirements under this Agreement, Contractor agrees that it will: a. Provide sufficient trucks with dump trailers to evacuate and recycle Client’s Waste for land application at the location(s) listed above. Such service shall be provided on an as needed basis during the term of this Agreement (as indicated in Paragraph 2 above; or as otherwise mutually agreed upon.) b. Provide Waste pick-up on normal business days and to the extent possible such pick-ups will be between the hours of 7:30 a.m. and 4 p.m. This schedule may vary according to the needs of the parties, as agreed upon in writing. It shall be understood no pick-ups are to be done prior to 7:30 a.m. unless mutually agreed upon. c. Contractor shall store and land apply the collected Waste on sites approved under applicable Federal, State and local laws, and such disposition shall be at Contractor’s sole expense and direction. d. Obtain all permits and do all the necessary leg work involved in gaining site approval for third party disposal sites so that disposal at such sites is properly authorized. Contractor shall also notify Client of the storage locations of its Waste. e. Each load will be verified as being a full load prior to United Liquid Waste Recycling, Inc. leaving the City of Columbus location. f. Provide Client with all reports and documentation required to be obtained by Contractor, and that are not otherwise the obligation of Client under this Agreement, and that are necessary for Client to comply with applicable local, state and federal regulations.  g. Comply with all applicable regulations governing the transport and spreading of cake wastes, including 40 CFR Part 503 and Wisconsin Administrative Code NR 204. h. Upon request, provide Client with proof of adequate bonding and insurance. Client, by signing this Agreement, acknowledges that it has had the opportunity to review Contractor’s bonding and insurance and is satisfied with the amount and type of Contractor’s bonding and insurance. 4. Client’s obligations: During the term of this Agreement, and in addition to any other requirements under this Agreement, Client agrees that it will: a. Pay Contractor the sum of $25.00/ cubic yard for a full load of Cake Waste evacuated from Client’s facility, stored and applied to land by Contractor in year one of the contract and $26.50/ cubic yard in year two of the contract. Client shall pay Contractor within thirty (30) days of receipt of invoice. In the event Client fails to pay on time, Client agrees to pay a late fee equal to 1.5% per month (18% per annum) on all such unpaid amounts until such amounts are paid. Loads which are less than full will be charged for a minimum load of 15 cubic yards. b. Agree to add a fuel surcharge to the hauling price, in the event that Contractor’s fuel cost increases by 10% increments or more beyond the cost in effect on the effective date of this Agreement. Contractor’s diesel fuel cost as of the effective date of this Agreement is $3.00 per gallon. (To be entered at time of contract signature date.) A fuel usage basis of 7 gallons per event/load will be utilized for the full recycling of the cake sludge. Client shall accept as satisfactory evidence of a 10% increment or more, price quotes from Contractor from no less than two (2) fuel suppliers that show an increase in diesel fuel cost of 10% or more, as well as two of their own from similar sources. (For example; if the diesel fuel base on date of signature is $3.00/gal. and price increased by 10%, or $0.30 /gal., the $0.30cents/gal. would be multiplied by the 7 gal. of diesel fuel usage for a total of $2.10 added to the cost of the load/event.) As fuel prices drop below the effective fuel cost trigger, the fuel surcharge shall be removed in the same increment in which it was added. c. Obtain all necessary permits to legally operate the wastewater treatment facility and to prepare Waste for land application by Contractor, and to provide Contractor with copies of all such permits and related documents upon request. d. Throughout the term of this Agreement and, if necessary, after the expiration of the term or after the termination of this Agreement, provide to all appropriate parties all records and results of Waste monitoring as required by the EPA and WDNR, and any other applicable authority, including, but not limited to, the records and results covering the following areas: i. Pollutant concentrations, ii. Nitrogen concentration (TKN, ammonia and nitrate), iii. Pathogen reduction level achieved (Class A or B), and iv. Vector attraction reduction option used. e. Provide Waste that is compliant with the minimum land application criteria set forth in either 40 CFR Part 503 and/or Wis. Admin. Code NR204, as applicable. f. Negotiate, in good faith, with Contractor, an equitable unit price for the acceptance and subsequent recycling in accordance with applicable laws and regulations, if the Waste does not meet minimum land application criteria under applicable laws and regulations. h. Hold Contractor harmless and indemnify Contractor against claims of any sort against Contractor, costs of any sort incurred or suffered by Contractor, and/or damages of any sort incurred or suffered by Contractor, including but not limited to Contractor’s reasonable attorneys’ fees and lost profits, provided, however, that Client shall so hold Contractor harmless and indemnify Contractor only for those claims, costs, and/or damages that arise out of Client’s failure to perform its obligations 2 under this Agreement or that arise out of any acts or omissions by Client, including but not limited to, Client’s failure to maintain adequate Waste stabilization and/or maintain Waste so that it is in compliance with the characteristics of wastewater/cake sludge as provided under applicable federal, state, and local laws and regulations. Notwithstanding any language in this Agreement to the contrary, this paragraph 5(h) shall survive the term of this Agreement. 6. Dispute Resolution. a. Non-Binding Mediation. Any material dispute arising with respect to this Agreement, including but not limited to its making or validity, its interpretation, or its breach, or any dispute arising out of the renegotiation of a provision, (such as a price), (hereinafter, a “dispute”) that cannot otherwise be resolved within 15 days of any party to this Agreement raising the issue in writing to the other party shall be submitted to mediation (unless a party otherwise elects to proceed directly with binding arbitration as described in 6(b) below). The parties shall mutually agree upon a mediator within 10 days of the end of the 15 day period. The cost of that mediator shall be shared equally between the parties. If the parties cannot agree upon a mediator, then they shall each select their own mediator, at their own expense, and those two mediators shall, within 10 days, agree upon a third mediator (the cost of which will be shared equally between the parties) who shall then mediate the dispute. Unless otherwise agreed, any mediator shall be independent and knowledgeable in cake waste storage, hauling, and application methods and related regulations. Notwithstanding any provisions in this paragraph 6(a) to the contrary, in the event the dispute involves Client’s failure to pay under this Agreement, Contractor shall not be required to mediate, but may proceed directly with binding arbitration or a lawsuit, at Contractor’s option. b. Binding Arbitration. Notwithstanding any requirements under section 6(a) above to the contrary, if either party believes, in good faith, that a dispute cannot be resolved by mediation, or if either party disagrees with a mediation result, then that party shall have the absolute right to give the other party written notice that the dispute be turned over to binding arbitration. Such arbitration notice may be given at any time, provided, however, that if a party has commenced a lawsuit to resolve the dispute, then neither party may elect to submit the issue to binding arbitration unless the parties otherwise agree, in which case, the provisions of this paragraph 6 shall apply. Within 15 days of the written notice, the parties shall mutually agree upon an arbitrator. If the parties cannot agree upon an arbitrator, then they shall each select their own arbitrator, at their own expense, and those two arbitrators shall, within 10 days, agree upon a third arbitrator who shall then arbitrate the dispute. Unless otherwise agreed, any arbitrator shall be independent and knowledgeable in cake waste storage, hauling, and application methods and related regulations. Such arbitration shall be the sole and exclusive remedy for such disputes. Any award rendered shall be final and conclusive upon the parties, and a judgment may be entered in any court having jurisdiction. c. Costs of Arbitrators. If any arbitration proceedings (not mediation proceedings) are commenced by any party pursuant to this section 6 of the Agreement, the prevailing party in the proceedings shall be entitled to recover from the other party, all of its costs of the proceedings, including its reasonable attorneys’ fees, and including the cost of the arbitrator. However, the parties shall equally share the ongoing costs of the arbitrator until judgment is rendered. Notwithstanding the above, the parties shall be responsible for the cost of their own arbitrator that may be retained for purposes of selecting a third arbitrator, as described above. d. Lawsuit. Notwithstanding any requirements under section 6(a) above to the contrary, if either party believes, in good faith, that a dispute cannot be resolved by mediation, or if either party disagrees with a mediation result, and if arbitration has not already been commenced, then either party may file a lawsuit to resolve the dispute. 7. Termination. Unless otherwise agreed upon in writing, this Agreement may be terminated only in the event a party commits a material breach of the Agreement, provided, however, that the non- breaching party must first give the breaching party written notice of the material breach and then termination shall be allowed only if such breach is not reasonably cured by the breaching party within 30 3 days of receipt of such written notice. Client shall remain liable for all amounts due through the date of termination. 8. Severability. If any portion of this Agreement is held to be invalid or unenforceable for any reason, it is agreed that this invalidity or unenforceability shall not affect the other portions of this Agreement, and that the remaining covenants, terms, and conditions or portions thereof shall remain in full force. 9. Amendment. This Agreement may be amended, modified, superseded, or canceled only by a written instrument executed by all of the parties to the Agreement. 10. Waiver. The failure of any party at any time or times to require performance of any provision of this Agreement shall in no manner affect the right at a later time to enforce that provision. No waiver by any party of any breach of any term contained in this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach or a waiver of any other term contained in this Agreement. 11. Binding Effect. This Agreement shall be binding on and be enforceable by the parties to the Agreement and their respective personal representatives, administrators, heirs, successors, and assigns. 12. Governing Law. This Agreement shall be governed by, enforced and construed in accordance with the laws of the State of Wisconsin. 13. Titles/Headings. All section/paragraph titles or headings in this Agreement are meant for convenience only and do not affect the intent of any such section or paragraph. 14. Notices. Where notice is required under this Agreement, it shall be made by personal delivery; certified mail, return receipt requested to the agent listed below, or via facsimile. Notice via personal delivery shall be effective upon such delivery. Notice by certified mail, return receipt requested shall be effective as of the date of receipt indicated on the return receipt. Notice by facsimile shall be effective upon receipt of the facsimile. The following addresses and facsimile numbers shall be deemed valid unless and until a party notifies the other party of a different address or facsimile number: Contractor’s Agent: Robert Tracy, Jr. Contractor’s Address: 715 Morgan St. – P.O. Box 247 Clyman, WI 53106 Contractor’s Facsimile: (920) 349-1500 Client’s Agent: Mayor Michael Thom Client’s Agent: City Clerk: Patricia Goebel Client’s Address: 105 Dickason Blvd Columbus WI 53925 Client’s Facsimile: 920-623-5901 15. Counterparts, Copies, and Facsimiles. This Agreement may be executed in counterparts, each signed by one or more parties hereto, which, collectively, shall constitute an entire Agreement. Copies, including facsimile copies of this Agreement, including signatures, as well as 4 copies of any other documents related to this Agreement shall be deemed valid and have the same force and effect as an original. 16. Negotiation. The parties acknowledge that this Agreement has been fairly negotiated and that the parties hereto have had adequate time to review this Agreement and to consult with their advisors. 17. Independent Contractor. The parties acknowledge that Contractor is entering into this Agreement and performing under it as an independent contractor. 18. Confidentiality. Except as may be necessary to carry out its obligations under this Agreement, and except as required by the Wisconsin Open Records law, Client agrees that it, and its agents and employees, will keep the terms of this Agreement strictly confidential during the term of this Agreement and for a period of two years after the end of the term of the Agreement. CONTRACTOR: United Liquid Waste Recycling, Inc., a Wisconsin corporation By: ___________________________ Date:_______________ Robert Tracy, Jr., President CLIENT: By: ___________________________ Date:_______________ Title: ___________________________ 5  COUNCIL AGENDA ITEM # 4 CITY OF COLUMBUS FOR CITY COUNCIL MEETING OF: FEBUARY 17th, 2020 REQUEST FROM/DEPARTMENT: INTERIM CITY ADMINISTRATOR AGENDA ITEM/REQUEST: CONSIDER AND TAKE ACTION TO APPROVE CAPITAL PROJECTS AMENDMENT *************************************************** DESCRIPTION AND SCOPE OF PROJECT/ITEM WITH KEY ISSUES NOTED: This report is a follow-up from our review and discussion at the Jan. 21st and Feb. 4th COW meetings in regard to the Capital Project priorities for 2020 and how to pay for them. Working with the Finance Director. I’ve evaluated existing fund balances and how they can be applied to pay for Capital Projects in 2020. I’ve worked with the City Engineer and PWD on the Hibbard St project and road maintenance programs. In addition, I’ve worked with the Staff to determine their work priorities. I suggested in my reports that what the Council should consider is balancing priorities with funding in the form of an amendment to the 2020 Capital Projects budget including the use of other funds as needed in order that you can limit the borrowing. After review and discussion of my report and recommendations on Jan. 21st, the Council directed that I prepare a resolution. Attached is a draft resolution that amends the Capital Projects budget for 2020 that includes the Hibbard St. construction project and other projects. In addition, amendments to the Debt Service Fund and General Fund are required to account for the inter fund transfer’s proposed for using current sources of funds from bond proceeds, proceeds from sales of equipment, and fund balances. If approved, the borrowing would be about 1,000,000 less than the cumulative list of projects presented to the Council at the special meeting of Dec. 10th. Following are highlights of updated information since our discussion of Jan. 21st that I’ve included in the attached Budget Amendment Resolution:  Engineers est. for Hibbard St. is $1,432,930.89 ( down from $1,550,000)  Check received for sale of DPW equipment is $13,590.50  Further investigation of the balance of proceeds from the 2018 GO Bond in the amount of $95,552 is best applied to the Debt Service Fund and not to new projects.  The amount of $123,150 to pay off the end loader bank loan is in the Debt Service Budget but it was anticipated that it would be included in the 2020 Bond issue to pay it  off. I’m proposing combining the cash on hand as reported by the Finance Director in the debt service fund and a transfer of $95,865.61 from Capital Projects the Council can pay off the bank loan.  Of the $70,599.31 from the 2017 GO Bond for James St. apply $32,782 and set up a new account for Hwy. 89 in Capital Projects in the amount of $54,900. The WDOT will reimburse the City for the cost of acquisition as reported by the consultant in the last closed session, however, the City will need to pay for these expenses upfront before being reimbursed. Reserve the remaining portion for the potential of a final invoice from WDOT for the James St. project. In addition, following are highlights of updated information since the Feb. 4th review and discussion by the Council:  Updated street sweeper quote is 160,000 vs. 175,000  Updated quote from the County for 2nd Ward Creek storm water improvements with contingency recommended by the Director of Public Works is 80,000 vs 75,000  As requested by the Mayor, 15,000 is added for the Aquatic Center to fix potential drainage leak problem. It’s anticipated that the problem will be identified this spring. REQUESTED ACTION: Approval of the attached resolution. Because this is a proposed amendment to the adopted Budget, it requires a 2/3rd’s vote for approval (5 votes per the CA). BUDGET AND FINANCING INFORMATION: Account #: 2020 Capital Projects Fund, General Fund and Debt Service Fund Department: __________________________ Acct. # Approved Budget: Current Balance in Acct #: Remaining Balance in Acct #: _______________ (after approval)  Resolution No. ___3-20____ RESOLUTION AMENDING THE 2020 CAPITAL PROJECTS FUND, DEBT SERVICE FUND AND GENERAL FUND BUDGETS WHEREAS, the Common Council on December 2nd, 2019 adopted a Capital Projects Budget for 2020; and WHEREAS, the Common Council has approved the reconstruction of Hibbard Street, directed the City Engineer to prepare plans and specifications for the project anticipating the use of borrowed Debt proceeds to pay for said project; and WHEREAS, on December 10th, 2019 the Common Council upon review of other Capital Projects not included in the adopted Budget that were presented by the Finance Director and Department heads directed the City Administrator review potential sources of funds with the Finance Director and work with Department Staff to determine project priorities for consideration by the Council; and WHEREAS, the City Administrator has presented his recommendations and it is deemed prudent and necessary that the Common Council approve an Amendment to the Capital Projects Budget that includes proceeds from borrowing and the application and use of current fund balances to finance projects presented by the City Administrator. NOW, THEREFORE BE IT RESOLVED that the Common Council of the City of Columbus hereby approves the following Amendments to the Capital Projects Fund, Debt Service Fund and General Fund Budgets for 2020: CAPITAL PROJECTS FUND REVENUES Tax Levy 14,180.00 Proceeds from long term debt - Hibbard St & 2nd Ward Creek 1,513,000.00 Balance from 2018 GO Obl. Bond 95,865.61 Balance from 2017 GO Obl. Bond 32,782.00 Transfer from Gen. Fund Unassigned 216,928.00 Asset Disposal Funds 40,243.00 Total = 1,912,998.61 EXPENDITURES Senior Center Roof 10,833.00 Police Dept. improvements – replacement of 2 AC units 7,100.00 Police Dept. Radio’s 56,300.00 Firemen Park Improvement – 2nd Ward Creek 80,000.00 Aquatic Center 15,000.00 Hibbard St. reconstruction 1,433,000.00 DPW – Street Sweeper 160,000.00 Hwy 89 ROW expenses 54,900.00 Transfer to Debt Service Fund 95,865.61 Total = 1,912,998.61  DEBT SERVICE FUND REVENUE Transfer from Capital Projects Fund 95,865.61 Cash on hand 27,284.39 123,150.00 *For payoff of end loader Bank loan GENERAL FUND Transfer of unassigned to Capital Projects Fund 160,628.00 Transfer of unassigned to Capital Projects Fund 56,300.00 216,928.00 BE IT FURTHER RESOLVED, that the City Administrator and Finance Director are authorized and directed to implement said interfund transfers in the City accounting system. Adopted by the Columbus Common Council this 17th day of February, 2020. ________________________ _________________________ Michael Thom Patricia Goebel Mayor City Clerk  CITY OF COLUMBUS FOR MEETING OF: Council Meeting – February 4, 2020 REQUEST FROM/DEPARTMENT: Sewer Utility AGENDA ITEM/REQUEST: Discuss and consider Sewer Utility’s lateral replacement program. *************************************************** DESCRIPTION AND SCOPE OF PROJECT/ITEM WITH KEY ISSUES NOTED: In the past street reconstruction projects, the Sewer Utility offered a lateral replacement program. The program was set up so that substandard or failing laterals could be replaced during the street reconstruction projects. To encourage residents to participate the Utility, with Council approval, offered a reimbursement up to $1,800 for the lateral replacement. The funding comes from two sources – funds were budgeted in the 2020 for lateral replacements plus funds from the lateral connection fees paid to the Utility. Residents received a letter from the City Administrator about the program. They then filled out the attached application if they were interested in participating in the program and when all was completed turned everything into the Treasurer’s office for reimbursement. Any requests for reimbursements were reviewed by the Administrator prior to payment. BUDGET AND FINANCING INFORMATION: Account #: 600-577210-800 Department/Title: Collection System; Lateral Replacement Program Current Budget: $18,000 Other Funds Available in Connection Fees: $270,060.12 LIST ALL SUPPORTING DOCUMENTATION ATTACHED: Application for Lateral Replacement Reimbursement ACTION REQUESTED: To reconfirm the use of the program and the funding level.  2020 AGENDA ITEM Committee of the Whole Meeting date: _____February 4, 2020______ Council Meeting date: __ __February 17, 2020____________________ ITEM: _____2020 Haz Mat Agreement with Columbia County________ DETAILED DESCRIPTION OF SUBJECT MATTER: Annual agreement with Columbia County to provide Haz Mat coverage for 2020. Once the signature page and payment is made, the agreement will be sent to all participating municipalities. Money has been budgeted in 2020, account #100-522410-249 LIST ALL SUPPORTING DOCUMENTATION ATTACHED:  Billing & Signature page for 2020 Haz Mat agreement with Columbia County ACTION REQUESTED OF COUNCIL:  Review and forward to regular council meeting for approval.  City of Columbus, referred to herein as a Local Unit, hereby consents to and agrees to be bound by the terms and conditions of this Agreement for HAZ- MAT Response Services between the City of Portage and County of Columbia, dated January 15, 2020, as a party hereto, a copy of said Agreement having been attached at the time of execution, and by this reference City of Columbus is made a party to said Agreement upon acceptance at the Clerks' offices for the City of Portage and County of Columbia. CITY of Columbus By: Mayor Date  2020 AGENDA ITEM Committee of the Whole Meeting date: _______________________ Council Meeting date: __________February 17___________ ITEM: Consider rescheduling the council meeting on March 17th, 2020 due to the Agribusiness Annual Dinner _________ DETAILED DESCRIPTION OF SUBJECT MATTER: In past years, council meetings have been rescheduled to avoid a conflict with the Agribusiness dinner. This year the Agribusiness dinner is scheduled for March 17 th. Please discuss changing the March 17th meeting date. LIST ALL SUPPORTING DOCUMENTATION ATTACHED: ACTION REQUESTED OF COUNCIL: Consider rescheduling the council meeting on March 17th, 2020 due to the Agribusiness Annual Dinner  2020 AGENDA ITEM Committee of the Whole Meeting date: _______________________ Council Meeting date: ___February, 17, 2020___________________ ITEM: _Consider Changing Council Meeting due to Spring Election____ DETAILED DESCRIPTION OF SUBJECT MATTER: Request to change the April 7, 2020 Council meeting date due to the Spring Election. In the past, the Council has moved the meeting to the Monday before the election. LIST ALL SUPPORTING DOCUMENTATION ATTACHED: ACTION REQUESTED OF COUNCIL: Request to change the date of the April 7, 2020 Council meeting due to the Spring Election