Committee of the Whole Meeting Packets

COLUMBUS COMMON COUNCIL – COMMITTEE OF THE WHOLE TUESDAY, MAY 1, 2018 – FOLLOWING REGULAR MEETING COLUMBUS CITY HALL 1. Roll Call 2. Notice of Open Meeting 3. Approve Agenda 4. Citizens Comments on agenda items 5. Department Reports 6. Continued Discussion of Chicken Permit Application of 452 N. Birdsey St. 7. Consider and discuss laying out plans for the 2018 City Bond Issue and Resolution 05-18: A Resolution Supporting the Borrowing of Funds for 2018 Street/Park Project and Purchase of Equipment 8. Consider and discuss use of financing sources for 2018 Capital Purchases 9. Discussion and Review of Proposed Ordinance 741-18: An Ordinance to Amend Section 102- 269(b)(1)a Concerning Total Phosphorus and to Repeal and Recreate Section 102-328 Regarding Amount of User Charges 10. Discuss and Review Proposed Resolution 03-18: A Resolution Authorizing and Implementing a Municipal-Wide Energy Management Policy 11. Review and discuss request for quote and proposed contract of Construction Review Services for the Hall Road project 12. Discussion and Review of Proposed Ordinance 742-18: An Ordinance to Repeal and Recreate Sections 6-38 and 6-39 of Chapter 6, Alcoholic Beverages, and Amend Section 22-32 of Chapter 22, Businesses, of the City of Columbus Municipal Code, Columbia County, Wisconsin 13. Discussion of Being at the Class B Liquor/Beer Quota with New Business Interest in Columbus 14. Discuss Potential City Council Listening Sessions 15. Consider Moving the May 15, 2018 Council meeting date 16. Convene to closed session per §19.85(1)(g) to confer with legal counsel for the governing 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. 17. Reconvene to open session 18. Convene to closed session per §19.85(1)(e) deliberating or negotiating the purchase of public properties, the investment of public funds, or conducting other public business, whenever competitive or bargaining reasons require specifically to discuss TID #4 Activity 19. Reconvene to open session 20. Adjourn  AGENDA ITEM Committee of the Whole Meeting date: __ April 17, 2018_& May 1, 2018_ Council Meeting date: ___TBD________ ITEM: _ Application for Permit to House Chickens DETAILED DESCRIPTION OF SUBJECT MATTER: Mr. Broc Bussan of 452 N. Birdsey St. has submitted an application to house chickens on his property. At the last Committee of the Whole meeting, Council requested more information on the mobility of the structure and asked that the applicant attend the next meeting if possible. Due to work scheduling, the applicant is likely unable to attend the meeting. He has been in contact with City Clerk Moen and will provide supplemental information to address concerns before the beginning of the May 1, 2018 Committee of the Whole meeting for your review. Property owners within 200 feet of 452 N. Birdsey St. were notified of the received application as well as the item being placed on the April 17, 2018 Committee of the Whole agenda. No comments about this application have been received at this time. The City Ordinance on the keeping of chickens is also attached for your review. LIST ALL SUPPORTING DOCUMENTATION ATTACHED: Bussan Chicken Application, Section 14-19 of City Ordinance. ACTION REQUESTED OF COUNCIL: Discussion of application to house four chickens at 452 N. Birdsey St. May 1, 2018 Committee of the Whole Meeting Item #7 RESOLUTION 05 -18 A RESOLUTION SUPPORTING THE BORROWING OF FUNDS FOR 2018 STREET/PARK PROJECT AND PURCHASE OF EQUIPMENT. WHEREAS, the City Council has approved certain street and park improvements, and WHEREAS, the City Council has also approved the purchasing of a new fire truck in partnership with the Columbus Rural Fire Group, and WHEREAS, the costs of these projects are outside the normal expenditures the City can do without having to borrow funds, and NOW THEREFORE BE IT RESOLVED, that the City Council for the City of Columbus does hereby approve the borrowing of funds sufficient to accomplish the identified projects and purchases on Exhibit “A”, and BE IT FURTHER RESOLVED, that City Staff is authorized to work with Ehlers, Inc. to put a borrowing package (General Obligation Bond) together to fund the projects as listed in Exhibit “A”. Adopted this _____ day of May, 2018. CITY OF COLUMBUS ____________________________________ Michael Thom, Mayor ATTEST: ______________________________ Megan Moen, Clerk Vote:  EXHIBIT "A" NON-TIF ITEMS: AMOUNT: MEISTER PARK - PARKING LOT $ 30,000.00 Parking lot area between diamonds 2018 STREET PROJECTS $ 430,530.00 S. Water Street & E. School Road 2018 STREET PROJECTS - ENGINEERING $ 125,970.00 S. Water Street & E. School Road 2018 STREET PROJECTS - CONTINGENCY $ 41,500.00 S. Water Street & E. School Road FIRE DEPARTMENT - ENGINE PURCHASE $ 307,000.00 From 2018 Budget/Agreement with Rural Fire Group $ 935,000.00 TIF #4 AMOUNT: HALL ROAD - CONSTRUCTION - TEA Grant Eligible $ 677,151.00 R&M Estimate - Updated 04/25/2018 HALL ROAD - ENGINEERING - TEA Grant Eligible $ 51,569.00 R&M Estimate - Updated 04/25/2018 HALL ROAD - CONTINGENCY - TEA Grant Eligible $ 101,280.00 R&M Estimate - Updated 04/25/2018 $ 830,000.00 TOTAL BORROWING: $ 1,765,000.00 Project: Hall Road Extension Ruekert & Mielke, Inc. Client: City of Columbus 4001 Nakoosa Trail, Suite 200 Prepared By: BJS Madison, WI 53714 Date: 4/20/2018 Item No. Description Unit Quantity Unit Price Total Price 1 Mobilization L.S. 1 $40,000.00 $40,000.00 2 Traffic Control (STH 16) L.S. 1 $25,000.00 $25,000.00 3 Silt Fence L.F. 150 $2.00 $300.00 4 Tracking Pad E.A. 2 $1,300.00 $2,600.00 5 Full Depth Sawcutting L.F. 2010 $4.00 $8,040.00 6 Imported Fill CY 1650 $20.00 $33,000.00 7 Construct Roadway to Subgrade Hall Road L.S. 1 $55,000.00 $55,000.00 8 Construct Roadway to Subgrade STH 16 L.S. 1 $45,000.00 $45,000.00 9 Stone Ditch Check EA 5 $800.00 $4,000.00 10 Geogrid Reinforcement S.Y. 2528 $3.50 $8,848.00 11 Excavation Below Subgrade (EBS) C.Y. 853 $35.00 $29,855.00 12 36-Inch Curb and Gutter L.F. 300 $16.50 $4,950.00 13 Crushed Aggregate Base Course TON 7829 $14.00 $109,606.00 14 2.25-Inch Asphaltic Concrete Binder Course TON 529 $67.00 $35,443.00 15 1.75-Inch Asphaltic Concrete Surface Course TON 412 $70.00 $28,840.00 16 3.50-Inch Asphaltic Concrete Binder Course TON 468 $67.00 $31,356.00 17 2.50-Inch Asphaltic Concrete Surface Course TON 335 $70.00 $23,450.00 18 3/4-Inch Dense Gravel Shoulders TON 385 $14.00 $5,390.00 19 12-Inch RCP CL III Culvert Pipe w/ Granular Backfill L.F. 28 $55.00 $1,540.00 20 15-Inch RCP CL III Culvert Pipe w/Granular Backfill L.F. 40 $65.00 $2,600.00 21 72-Inch CMP Culvert w/ Granular Backfill L.F. 38 $135.00 $5,130.00 22 12-Inch RCP Apron Endwalls EA 4 $1,200.00 $4,800.00 23 15-Inch RCP Apron Endwalls EA 2 $1,500.00 $3,000.00 24 Erosion Mat-Class I Type A S.Y. 1270 $1.25 $1,587.50 25 Erosion Mat-Class I Type B S.Y. 9488 $2.25 $21,348.00 26 Topsoil, Seed, and Fertilizer S.Y. 10758 $4.50 $48,411.00 27 4-Inch Yellow Epoxy Lane Pavement Marking L.F. 10058 $1.25 $12,572.50 28 4-Inch White Epoxy Lane Pavement Marking L.F. 3584 $1.25 $4,480.00 29 4-Inch White Epoxy 12.5' Dashed Lane Pavement Marking L.F. 80 $1.25 $100.00 30 Epoxy Pavement Markings-Words, Arrows, and Symbols L.S. 1 $5,500.00 $5,500.00 31 Traffic Signs w/ Post EA 4 $400.00 $1,600.00 32 Turf Ditching L.F. 3850 $10.00 $38,500.00 33 8-Inch Yellow Epxoy Diagonal Crosshatch Pavement Marking L.F. 320 $10.50 $3,360.00 34 Lighting LS 1 $30,000.00 $30,000.00 Subtotal $645,207.00 Contingency (15%) $96,781.05 Construction Review $51,569.00 TOTAL ESTIMATED CONSTRUCTION COST $793,557.05 With Lighting Subtotal $675,207.00 Contingency (15%) $101,281.05 Construction Review $51,569.00 TOTAL ESTIMATED CONSTRUCTION COST $828,057.05 May 1, 2018 Committee of the Whole Meeting Item #8 2017 GENERAL OBLIGATION NOTE APPROPRIATION OF UNUSED 2017 NOTE PROCEEDS OTHER FINANCING SOURCES History The City borrowed funds in 2017 for two projects – the purchase of 2 dump trucks for the Public Works Department and the removal of the existing kiddie slide, purchase and installation of a new kiddie slide at the Aquatic Center. Because of the life expectancy of these items a General Obligation NOTE was used as the financing tool. Initial quotes for the dump trucks which were also outfitted with plows was $440,000. When the trucks were purchased the City was able to negotiate a lower cost for the purchase and package for the plows leaving $108,000 of unused NOTE proceeds. Action The City Council at the Ad Hoc Financial Policies meeting of April 25, 2018 reviewed the various options for the use of these funds remaining within the restrictions set by the bond resolution. The following items were identified as approved uses of these remaining funds with bids as approved by Council: Public Works Department – Utility Vehicle Public Works Department – Truck (Parks Use) City – Facility Study Other Funding Sources The City Council also recognized that the Public Works Department, as noted in the 2018 Capital Projects adopted budget, had a mower listed as well. It was determined that with the upcoming sale of excess Public Works equipment and vehicles the money from the sale could be used for the purchase of a mower and aid in the purchasing of the truck for Public Works, if necessary. Any sale proceeds over and above the amount needed to purchase the truck and mower would then be placed in an account for use by all based on needs approved by Council. The City Council also recognized the grant recently received by the Columbus Public Library, written by Library Director Cindy Fesemyer, which would help to fund the cost of the facility study totaling $25,000. May 1, 2018 Committee of the Whole Meeting Item #9 ORDINANCE NO. 741-18 AN ORDINANCE TO AMEND SECTION 102-269(b)(1)a. CONCERNING TOTAL PHOSPHORUS AND TO REPEAL AND RECREATE SECTION 102-328 REGARDING AMOUNT OF USER CHARGES WHEREAS, the City of Columbus Sewer Utility in striving to meet the stringent requirements placed on it by the Wisconsin Department of Natural Resources and the Federal Environmental Protection Agency has been proactive in reviewing its levels of phosphorus being treated at the wastewater treatment plant, and WHEREAS, in 2015 the phosphorus level was reduced to begin the process of bringing the overall phosphorus treated by the wastewater plant into an acceptable level and to encourage users to review processes and procedures to eliminate or reduce the phosphorus being released into the system, and WHEREAS, the Common Council has reviewed the current levels for high strength phosphorus with the City Engineer and recognizes that the City will need to take another step in encouraging the reduction of the level of phosphorus being treated at the wastewater treatment plant. WHEREAS, the City of Columbus Sewer Utility last revised its rates in the years 2007 and 2008, since that time the user rates contained within this ordinance have remained unchanged, and WHEREAS, the City of Columbus Sewer Utility recently completed a sewer rate study which indicated that the current rates are insufficient to sustain the Utility’s operating and debt service requirements; and WHEREAS, on February 20, 2018, the Common Council adopted Ordinance 738-18. However, it has now been determined that a typographical error was present in the original Ordinance and the Common Council now desires to amend the prior Ordinance to correct the error. NOW, THEREFORE the City of Columbus Common Council does hereby ordain as follows: 1. Section 102-269(b)(1)a. is amended to now read as follows: (1) Total Phosphorus a. If the Total phosphorus strength of the wastewater is between 7 and 15 mg/L, require payment to cover the added costs of handling and treating the waste not covered by existing taxes or sewer charges. 2. All other provisions of Section 102-269(b) remain in full force and effect unless modified by the terms of this Ordinance. 3. Sec. 102-328. - Amount of user charges is repealed and recreated to now read as follows: (a) User charge system. The user charge system for the city shall be in accordance with standard methods and procedures. A copy of the current report is on file in the office of the city clerk and available for inspection during normal business hours, and adopted in this section by reference. (b) Minimum monthly charge (fixed charge). The minimum monthly charge for all users shall be based upon the size of their water meters in accordance with the following table. Deduct meters are not included in the fixed charge. 2018 Meter Monthly Size Charge 5/8 ″ $15.70 ¾″ 15.70 1″ 21.00 1¼″ 25.00 1½″ 29.00 2″ 39.00 3″ 62.00 4″ 94.00 6″ 177.00 2 G:\Administration\City Council\ORDINANCES\ORD 2018\Ord 741-18 Phosphorus.docx  Master Units $7.25/unit (c) Variable monthly billing (volume charge). The volume charge for users discharging wastewater having normal strength shall be based on the volume of water discharged to the sewerage system. The volume charge for users discharging wastewater having normal strength shall be as follows: Volume per 100 cubic feet (ccf) March 1, 2018 - $5.65 per ccf (d) User charge for high-strength wastewater. The user charge for high-strength wastewater shall be calculated as follows: User Charge = (A) + (B) + (C) + (D) + (E) where: (A) = (Total flow × flow charge/1,000 gal.) (B) = (Total BOD loading greater than domestic strength × BOD charge/lb.) (C) = (Total SS loading greater than domestic strength × SS charge/lb.) (D) = (Total TKN loading greater than domestic strength × TKN charge/lb.) (E) = (Total P loading greater than domestic strength × P charge/lb.) Charge Per Pound Parameter Domestic Limit March 1, 2018 BOD 220 mg/1 $.864 SS 200 mg/1 .717 TKN 75 mg/1 .812 3 G:\Administration\City Council\ORDINANCES\ORD 2018\Ord 741-18 Phosphorus.docx  P 7 mg/1 3.979 Flow Charge Per 1,000 gallons: 2018 - $7.55 4. The new rate structure will take effect March 1, 2018. 5. If any portion of this Ordinance or its application on any person or circumstances is held invalid, the validity of this Ordinance as a whole or any other provision herein or its application shall not be affected. 6. This Ordinance shall take effect immediately upon its passage and publication. Adopted this ____ day of _________________, 2018. CITY OF COLUMBUS ___________________________________ Michael Thom, Mayor Attest: ___________________________________ Megan Moen, City Clerk Vote: Yes ______ No ______ Published on: _______________________________ 4 G:\Administration\City Council\ORDINANCES\ORD 2018\Ord 741-18 Phosphorus.docx May 1, 2018 Committee of the Whole Meeting Item # 10 Columbus Water & Light To: Columbus City Council From: Anna Stieve, Energy Services Representative, Columbus Water & Light CC: Eric Anthon, Utility Manager, Columbus Water & Light Date: 4/20/2018 Re: Resolution No. 2018-001. Resolution Authorizing Implementing Municipal-wide Energy Management Policy Dear City Council, On December 18, 2007, the City of Columbus approved Resolution No. 30-07, a Resolution Approving Implementation of Community Wide Energy Program, attached. This resolution set an electric energy reduction goal of 10% and was entered into as part of a broader Green Cities initiative. Setting this resolution made Columbus eligible for bonus energy efficiency grants through WPPI Energy. Attached, please find a summary of progress towards, and beyond, the electric goal of a 10% reduction. The city of Columbus exceeded their goal by 2011. The WPPI Energy Utility and Municipal Buildings Program (UMBP) offers cash incentives for WPPI Energy communities to install energy efficient technologies. In order to qualify for funding Member communities must set energy goals. The following language was pulled from the UMBP Official Service Document, which outlines the rules associated with the program: To be eligible for enhanced efficiency improvement incentives, local governments (e.g., city council, village board or utility commission) will be expected to view energy efficiency as an important issue for their community, and commit to reducing energy waste in municipally-owned facilities with a formal resolution or proclamation. At a minimum, members must set a measurable performance goal for electrical energy reductions (e.g., 10% reduction in energy use in municipal facilities within three years) as part of the commitment. In 2018, WPPI Energy required that all members reevaluate their energy reduction goals in order to continue to qualify for UMBP funding. That is why we are bringing this resolution to you at this time. At the March 16, 2018 Special Commission Meeting the Columbus Water & Light Utility Commission approved Resolution No. 2018-001, a Resolution Authorizing Implementing Municipal-wide Energy Management Policy, attached. This resolution sets an electric energy reduction goal of 5% between 2017 and 2025. The Columbus Water & Light Utility Commission brings this resolution for approval by the Council at this time as it will make Columbus eligible for additional funding for energy efficiency projects. The City of Columbus is currently investigating LED lighting upgrades at the City Hall; an LED lighting upgrade at City Hall would be eligible for this funding. Other city facilities may be candidates for UMBP funding as well. Approving this resolution would be the first step in qualifying for said funding. Therefore, the Utility Commission and I recommend approving this resolution. Thank you, Anna Stieve, P.E. Energy Services Representative Columbus Water & Light Annual Electricity Consumed (kWh/year) 2017 2016 2015 2014 2013 2012 2011 2010 2009 2008 2007 Utility function 492,976 417,766 512,914 511,264 482,068 463,602 468,425 456,884 510,571 578,184 555,441 City 299,890 258,095 257,438 272,233 286,085 282,587 300,614 328,357 285,118 296,176 316,027 Street Lights 203,810 212,893 214,512 211,670 208,523 205,650 257,115 419,860 428,286 425,767 408,102 Wastewater 944,335 872,155 952,302 902,767 1,043,559 1,051,007 1,006,970 1,101,501 1,131,710 1,212,727 1,212,748 Park 159,112 167,895 181,298 165,095 182,860 193,009 224,116 238,117 214,114 206,787 222,931 Total 2,100,123 1,928,804 2,118,464 2,063,029 2,203,095 2,195,855 2,257,240 2,544,719 2,569,799 2,719,641 2,715,248 Reduction v. 2007 ‐23% ‐29% ‐22% ‐24% ‐19% ‐19% ‐17% ‐6% ‐5% 0% Definitions: Utility Function CWL Admin Building, Water Plants City City Hall, Senior Center, Recycling Center, Library, Fire Station, Countryside, Community Building, Public Safety, City Garage, DPW Streetlights All Street and Crossing Lights Wastewater Wastewater Treatment Plant Park All Parks, Park Lights, Park Parking, Shelters, Boy Scout Cabins, Aquatic Center  RESOLUTION NO. 03-18 RESOLUTION AUTHORIZING IMPLEMENTING MUNICIPAL-WIDE ENERGY MANAGEMENT POLICY WHEREAS, the City of Columbus is committed to being an environmentally responsible community and municipally owned and operated utility dedicated to improving global and local quality of life through active environmental stewardship; and WHEREAS, it is more cost-effective to use less electricity and natural gas than it is to generate and/or purchase electricity and natural gas for the operation of City and Utility facilities; and WHEREAS, the City of Columbus and WPPI Energy have developed and implemented mutually beneficial energy efficiency, conservation and renewable energy programs, projects and educational activities designed to increase community energy efficiency, promote clean air and water and reduce waste; and WHEREAS, the City of Columbus already promotes these initiatives through its Commitment to Community programs and partnership with WPPI Energy and Focus on Energy; and NOW, THEREFORE, BE IT RESOLVED, that the City of Columbus and Columbus Water & Light will set a goal to curb use of electricity in municipal facilities by 5% from levels measured in 2017 by 2025. BE IT FURTHER RESOLVED, that the City of Columbus will demonstrate the effectiveness of energy efficiency, conservation and renewable resource development and further seek to instill a strong conservation ethic within the community that will help establish the City as a leader in these areas. Adopted and approved by the Columbus City Council of the Municipality this 16th day of March, 2018. Name: Title: Attest: Name: Title:  2018 AGENDA ITEM Committee of the Whole Meeting date: __ May 1, 2018______ Council Meeting date: _____May 15, 2018 ______ ITEM: _ Hall Road Construction Review Services DETAILED DESCRIPTION OF SUBJECT MATTER: Attached for your review is a cover document for consultants interested in acting as construction inspectors for the upcoming Hall Road Construction in Columbus. This item is a continuation of a desire expressed by the City Council to allow for the competitive bidding on the construction review side of a road project, as opposed to the design side. This process allows, in short, for two engineering companies to be involved in a road construction project – one to plan and design and one to see the construction as it takes place to ensure it is built per plan. Also attached to this process is a contract, which will be necessary with the consultant that is the ‘winning’ bidder. The contract lays out the project and its expectations to the consultant. I have asked Atty. Johnson to review the draft contract and provide feedback, which he is in the process of doing. The request for proposal cover document and the contract takes from other Wisconsin municipalities who follow this concept. The Hall Road project is in final design by City Engineer Jason Lietha and preparations are taking place for bidding it out. One of the bigger hurdles for proceeding was awaiting the decision by the Wisconsin Department of Transportation on the TEA Grant, of which we were recently awarded. At this time, it is expected that the construction of Hall Road will take place mid-summer this year. LIST ALL SUPPORTING DOCUMENTATION ATTACHED: Proposed Request for Quote and contract language for Hall Road Construction Review Services ACTION REQUESTED OF COUNCIL: Review and comment on the documents, working toward approved and move toward next steps.  REQUEST FOR QUOTE Construction Management Services City of Columbus Hall Road (STH 16 to Columbus/Fall River Road) 1. Introduction The City of Columbus is interested in obtaining the services of an Engineering Consulting firm for the construction management of the above project. The project is to be funded by the City of Columbus and involves the construction of a new stretch of roadway to support the needs of new business ventures in the City’s Tax Incremental Financing District #4. The construction contract for the project is anticipated to be let on …… with all construction activities expected to be complete on ….. A copy of the project plans, specifications, and cost estimates are available for inspection at the Columbus Department of Public Works. As part of the duties under this contract, the consultant will be required to coordinate and at times monitor ongoing road and utility construction activities, and provide spot field elevations or spot stakeout as needed for subgrade and at pipe and storm sewer crossings to insure that relocated utilities are buried at a sufficient depth to clear the construction. It is anticipated that the consultant’s activities will commence with the signed contract and will continue until completion of the project. 2. Engineering Eligibility Requirements To be considered for the project, the engineering firm must provide a pre-qualifying report at least 5 days before the bid opening showing the firms history and fitness to perform duties described in this document. Firms providing the pre-qualifying report may be narrowed down to a group of finalists for contract award after review of bids. 3. Scope of Services and Special Provisions A summary of services required in the project include: Pre-construction Utility Coordination, Monitoring and Field Work Pre-construction conference Control/Survey Staking Construction Staking, Construction Inspection, and Observation Traffic Control Inspection Materials Testing/Verification Compilation of Daily Diaries As-Built Drawings, including signal GIS data Public Involvement City/Utility Coordination throughout the construction Item Record Accounts  Weekly Site Meetings Project Engineering 4. Equal Opportunity Employer The consultant shall abide by all existing federal, state, and local equal opportunity laws. 5. Evaluation and Selection of Engineering Consultant The chosen consultant will be selected on the basis of their proposed bid and qualifications. The City of Columbus reserves the right, at its sole discretion, to reject any or all responses to this RFQ, issue addenda, request clarification, waive technicalities, alter the nature and/or scope of the proposed project, request re-submittals, and/or to discontinue this process. 6. Insurance Requirements All companies issuing bid shall provide proof of insurance in the amount of…. 7. Clarifications Any information requested or questions regarding the Project, the Request for Quote process should be submitted in writing to Patrick Vander Sanden, City Administrator at 105 N. Dickason Blvd, Columbus, WI 53925 or via email at pvandersanden@columbuswi.us. No information provided verbally by the City Administrator or any other personal will be considered binding. All respondents should use this written document and its attachments as the sole basis for proposals. 8. Proposal Submission Format Interested firms must complete the attached proposal response document. Other copies of the document can be obtained via the City of Columbus webpage at: www.cityofcolumbuswi.com or be requested by contacting Columbus City Hall at 920-623-5900. Respondents are required to deliver in person or email or mail in one (1) proposal, sealed and clearly marked and identified as 2018 HALL ROAD CONSTRUCTION SERVICES – CITY OF COLUMBUS. In-Person or US Mail Submittal Electronic Submittal (scanned, pdf) City of Columbus email: clueders@columbuswi.us 105 N. Dickason Boulevard Columbus, WI 53925 Proposals will not be publicly opened. Sealed bids for the project will be reviewed and considered no later than ……date…. ATTACHMENTS: Contract  CONTRACT BETWEEN CITY OF COLUMBUS AND CONSULTANT FOR Construction Management for the construction of Hall Road, between STH 16 and Columbus/Fall River Road This CONTRACT, made and entered into by and between the City of Columbus, hereinafter named the CITY, and CONSULTANT, hereinafter named the CONSULTANT, provides for those services described in detail hereinafter. The CITY deems it advisable to engage the services of a consultant to provide certain services in conjunction with the PROJECT and has authority to contract for these services. The CONSULTANT represents that they comply with the Wisconsin Statutes relating to the practice of engineering and signifies their willingness to provide the desired services. Therefore, in consideration of these premises and of their mutual and dependent agreements, the parties hereto agree as set forth on the following pages 1-17, which are annexed and made a part hereof. In witness whereof, the parties hereto have caused this CONTRACT to be executed and approved on the date written by their authorized officers or representatives. By: _____________________________________________ Date Title: _____________________________________________ APPROVED FOR CITY OF COLUMBUS __________________________________________________ Mayor of Columbus Date  CONSTRUCTION MANAGEMENT CONTRACT TABLE OF CONTENTS Article Description Page 1. SCOPE OF SERVICES ............................................................................................................ 2 A. GENERAL ........................................................................................................................... 2 B. CONTROL AND AUTHORITY............................................................................................. 3 C. AGENCY COORDINATION AND COOPERATION ............................................................ 3 D. MEETINGS AND CONFERENCES .................................................................................... 4 2. PROSECUTION AND PROGRESS.......................................................................................... 4 A. GENERAL ........................................................................................................................... 4 B. DELAYS AND EXTENSIONS............................................................................................... 5 C. TERMINATION OF CONTRACT......................................................................................... 5 D. SUBLETTING OR ASSIGNMENT OF CONTRACT............................................................. 6 3. BASIS OF PAYMENT............................................................................................................... 7 A. GENERAL ........................................................................................................................... 7 B. WORK ORDERS, EXTRA WORK, OR DECREASED WORK............................................ 8 4. MISCELLANEOUS PROVISIONS............................................................................................. 8 A. CONSTRUCTION ENGINEERING STANDARDS ............................................................... 8 B. REVISION OF SPECIFICATIONS AND PLANS.................................................................. 8 C. OWNERSHIP OF DOCUMENTS........................................................................................ 9 D. CONTINGENT FEES.......................................................................................................... 9 E. ACCESS TO RECORDS...................................................................................................... 9 F. LEGAL RELATIONS........................................................................................................... 10 G. NONDISCRIMINATION IN EMPLOYMENT...................................................................... 10 H. ERRORS AND OMISSIONS.............................................................................................. 11 I. CONFLICT OF INTEREST .................................................................................................. 11 J. INDEPENDENT CONSULTANT STATUS.......................................................................... 11 5. SPECIAL PROVISIONS .......................................................................................................... 11 I. SCOPE OF SERVICES....................................................................................................... 11 A. SERVICES TO BE PERFORMED BY THE CONSULTANT ......................................... 11 B. SERVICES TO BE PROVIDED BY THE CITY............................................. 14 II. PROSECUTION AND PROGRESS................................................................................... 15 III. BASIS OF PAYMENT........................................................................................................ 15 IV. MISCELLANEOUS PROVISIONS..................................................................................... 16 A. AUTHORIZED REPRESENTATIVES ........................................................................... 16 B. ACCESS TO RECORDS............................................................................................... 16 C. INSURANCE................................................................................................................. 17 GENERAL CONSTRUCTION PROVISIONS 1. SCOPE OF SERVICES A. GENERAL (1) The term "CITY" shall mean the City of Columbus and its authorized representatives. (2) The term "CONSULTANT" shall mean the individual, partnership, joint ventures, corporation or agency undertaking the performance of the work designated under the terms of this construction management contract. (3) The term "Specifications" shall mean the Wisconsin Department of Transportation Standard Specifications for Highway and Structure Construction, Edition of 2013, as incorporated in the construction contract specifications, and supplemental specifications thereto. (4) The term "Special Provisions" shall mean the special directions or requirements particular to a project and not otherwise thoroughly or satisfactorily detailed or presented in the Specifications, and which are contained in the construction contract. (5) The term "Manual" shall mean the publications of data and information produced by the Wisconsin Department of Transportation for the instruction of its employees and furnished in bound or collected form. (6) The term “Contractor” shall mean the entity performing the construction contract for the PROJECT. (7) The work under this CONTRACT shall consist of performing to the satisfaction of the CITY those engineering services necessary or incidental to accomplish the PROJECT, and which are elsewhere herein defined. (8) The CONSULTANT shall furnish all services and labor necessary to conduct and complete the work, and shall furnish all materials, equipment, supplies, and incidentals other than those hereinafter designated to be furnished by the CITY. (9) The work under this CONTRACT shall at all times be subject to the review and approval of the CITY and shall be under the direction and control of its authorized representative. (10) The CONSULTANT'S principal contact with the CITY shall be through the authorized representative of the CITY. (11) At the request of the CITY, the CONSULTANT, during the progress of the work shall furnish such information or data relating to the work under this CONTRACT as may be required to enable the CITY to carry out or to proceed with related phases of the PROJECT not covered by this CONTRACT, or which may be necessary to enable the CITY to furnish information to the CONSULTANT upon which to proceed with the further work. (12) Compliance with all of the foregoing shall be considered to be within the purview of this CONTRACT and shall not constitute a basis for additional or extra compensation. B. CONTROL AND AUTHORITY (1) The authorized representative of the CITY will be designated by the Director of Public Works and will be titled the "Project Manager". (2) The Project Manager will be responsible for, in charge and in direct control of, all engineering services performed under this CONTRACT and all construction activities performed under the construction contract. (3) An authorized representative shall be designated by the CONSULTANT to serve as on-site supervisor of all CONSULTANT personnel and services performed under this CONTRACT, and to act as liaison between the CONSULTANT and the Project Manager, and shall be titled the "Project Engineer". (4) The CITY reserves the right to reject any Project Engineer who it feels is not sufficiently qualified or experienced to carry out the duties as described in section 1.B.3. The CONSULTANT shall submit a detailed resume for the Project Engineer in order to aid the CITY in its evaluation of the CONSULTANT'S personnel. In the event that the Project Engineer is replaced during the CONTRACT the CONSULTANT shall resubmit for the CITY'S approval a detailed resume of its replacement. The CITY reserves the right to terminate the CONTRACT in the event that the CONSULTANT cannot provide an adequately qualified Project Engineer. (5) The Project Engineer shall report to, and be directly accountable to, the Project Manager. (6) The Project Engineer shall give to the Contractor such orders as are necessary during the routine construction activities. (7) All orders issued by the Project Manager will be transmitted through the Project Engineer to the Contractor. If, in the absence of the Project Engineer, a matter needs prompt attention, the Project Manager will give the necessary orders and then notify the Project Engineer. (8) In the event of a controversy, the Project Engineer shall first confer with the Project Manager and then transmit the agreed course of action to the Contractor. (9) In the event the Project Manager and Project Engineer cannot agree, the Project Manager will promptly contact the Director of Public Works or the Engineering Services Manager of the CITY who will determine the necessary course of action. The determination will then be transmitted to the Contractor through the Project Manager. C. AGENCY COORDINATION AND COOPERATION (1) Contact and coordination with all affected local agencies, including other consultants and contractors, the general public, utilities, and railroad companies shall be the responsibility of the CITY, except as stated below in Section 1.C (2). (2) Special efforts shall be made by the CONSULTANT to inform and advise abutting property owners affected by PROJECT activities and to advise local authorities, police, fire, and emergency services affected by PROJECT activities. (3) The CONSULTANT shall cooperate fully with the CITY and with local agencies, the general public, utilities, railroad companies, and other consultants and contractors when so directed by the CITY. Such cooperation may include attendance at conferences. D. MEETINGS AND CONFERENCES (1) Conferences, as may be necessary for the discussion and review of the work under this CONTRACT, shall be scheduled between the CONSULTANT and the CITY. These conferences may include field review of the PROJECT. (2) Conferences shall be held upon the request of the CONSULTANT or the CITY. (3) Such conferences are in addition to those meetings that are necessary for close coordination during the day-to-day progress of the work. (4)The CONSULTANT shall conduct the pre-construction conference held between the CITY, the Contractor, and involved utilities and agencies, unless otherwise stated elsewhere in the CONTRACT. (5) The Project Engineer shall also schedule weekly meetings between himself, the Contractor, and the CITY. The meetings shall also include any utilities affected by the PROJECT. 2. PROSECUTION AND PROGRESS A. GENERAL (1) Written authority to proceed with the work on any construction project under this CONTRACT will be given by the CITY to the CONSULTANT. The CITY will not be liable for payment of any work performed by the CONSULTANT prior to such written authorization. (2) Work under this CONTRACT shall commence with attendance at a Pre-Construction Conference by the CONSULTANT, the CONTRACTOR, and the CITY, unless otherwise stated elsewhere in the CONTRACT. Attendees shall include the Project Manager, the Project Engineer, and any such other representatives as may be designated by each party to the CONTRACT. The CITY will notify the CONSULTANT of the location, date, and time of the meeting and will make the necessary arrangements for the conference. Topics for discussion shall include the scope of the Contractor's construction operations and anticipated schedule, required staffing by the CONSULTANT, lines of communication and authority, equipment needs, standard practices of the CITY, and related subjects. (3) The CONSULTANT shall conduct the pre-construction conference held between the CITY, the Contractor, and involved utilities and agencies, unless otherwise stated elsewhere in the CONTRACT. (4) The CONSULTANT shall complete the work under this CONTRACT within the time for completion specified elsewhere in this CONTRACT. Said time shall not be extended because of any unwarranted or avoidable delay attributable to the CONSULTANT, but may be extended by the CITY in the event of a delay attributable to the CITY or its authorized representatives, or because of unavoidable delay caused by an act of God, act of war, act of government, or other conditions beyond the control of the CONSULTANT. (5) The CONSULTANT shall notify the CITY in writing when they have determined the work under the CONTRACT, as elsewhere described in this CONTRACT, has been completed. (6) Upon completion of the CONTRACT work, the CONSULTANT shall file a certification of completion with the CITY. The document shall certify that the obligations of the CONSULTANT under the CONTRACT are complete and the work performed under the supervision of the CONSULTANT has been completed in substantial conformance with the plans and specifications. (7) Unless the CONTRACT has been terminated prior to the completion of the work, as provided for in Section 2C, the CONTRACT shall not be considered completed upon completion and acceptance of the work, or upon final payment therefore, but shall be considered to be in full force and effect for the purposes of requiring the CONSULTANT to make such revisions or corrections in the work as are necessary to correct errors in the work made by the CONSULTANT, or for the purposes of having the CONSULTANT make revisions in the work as Extra Work at the request of the CITY. (8) Should the CITY deem it necessary for the CONSULTANT to render additional services for review of contract items, conditions, claims, or litigation matters after completion of, and pertaining to, the PROJECT construction contract, the CONSULTANT agrees to cooperate and render such requested services. Such services shall be paid for as Extra Work in the amount and manner mutually agreed upon by the CITY and the CONSULTANT. (9) A close-out conference may be held prior to completion of this CONTRACT to evaluate the performance of the CONSULTANT, unless otherwise stated elsewhere in the CONTRACT. Attendees shall include the Project Manager, the Project Engineer, and such other representatives as may be designated by each party to the CONTRACT. The CITY will notify the CONSULTANT of the location, date, and time of the meeting and will make the necessary arrangements for the conference. The evaluation shall consider the quality of the CONSULTANT'S work, adequacy of the work, extent of corrections, ability to meet schedules, cooperation, substantiation of costs, documentation of claims, and related subjects. The evaluation shall be considered confidential and shall become a permanent part of the CONSULTANT'S record kept by the CITY. (10) The CONTRACT will be considered completed when the CONSULTANT is released by written notice from the CITY. B. DELAYS AND EXTENSIONS (1) Delays caused through no fault of the CONSULTANT shall be cause for an extension of time in completion of the work. Time extensions will be granted upon proper claim and justification by the CONSULTANT. Approved time extensions shall also be cause for consideration of adjustments in payment, where warranted. C. TERMINATION OF CONTRACT (1) The CITY may terminate all or part of this contract at any time, upon written notice to the CONSULTANT. Such notice shall be sent not less than ten (10) calendar days in advance of the termination date stated in the notice. Prior to the issuance of the written notice to terminate all or part of this CONTRACT, the CITY shall meet with the CONSULTANT in order to discuss and possibly resolve the issues causing the termination. Upon receipt of a termination notice the CONSULTANT shall: (1) Promptly discontinue all services in connection with the PROJECT on the date and time stated in the notice. (2) The CONSULTANT shall deliver to the CITY all data, drawings, specifications, logs, diaries, reports, estimates, summaries, and such other information and materials as the CONSULTANT may have accumulated in performing this CONTRACT, whether complete or ongoing. (2) In the event the CONTRACT is terminated by the CITY without fault on the part of the CONSULTANT, the CONSULTANT shall be paid the reasonable value of the work performed or the services rendered including profit, as determined by mutual agreement between the CITY and the CONSULTANT. (3) In the event the services of the CONSULTANT are terminated by the CITY for fault on the part of the CONSULTANT, the CONSULTANT shall be paid the reasonable value of the work performed or services rendered and delivered to the CITY up to the time of termination. The value of the work performed and services rendered and delivered will be determined by the CITY. (4) In the event of the death of any member or partner of the CONSULTANT'S firm, the surviving members shall complete the work, unless otherwise mutually agreed upon by the CITY and the survivors, in which case the CONSULTANT shall be paid as set forth in Section 2C(2) above. (5) Upon termination, the CITY may take over the work and prosecute the same to completion by agreement with another party or otherwise. The CITY shall hold the CONSULTANT harmless for any work completed by another party after termination of the CONTRACT and against any misuse of the CONSULTANT'S completed work. The CONSULTANT shall continue to provide insurances for a period of two (2) years after the date given in the termination notice. D. SUBLETTING OR ASSIGNMENT OF CONTRACT (1) The CONSULTANT shall not sublet or assign all or any part of the work under this CONTRACT without the prior written approval of the CITY. Consent to assign, sublet or otherwise dispose of any portion of the CONTRACT shall not be construed to relieve the CONSULTANT of any responsibility for the fulfillment of the CONTRACT. (2) The CONSULTANT shall submit to the CITY a list of all work to be sublet under this CONTRACT for its approval. This list shall contain the name of the subconsultants, the work items they will perform, and a resume of their previous relevant experience. 3. BASIS OF PAYMENT A. GENERAL (1) The CONSULTANT will be paid by the CITY for the completed and approved work or services rendered under this CONTRACT on the basis of and at the contract price set forth elsewhere in this CONTRACT, and for Extra Work if any, at the compensation therefor, set forth in the approved written orders covering such work. Such payment shall be full compensation for work performed or services rendered and for all labor, material, supplies, equipment, and incidentals necessary to complete the work. (2) Extra Work will be paid for separately and in addition to the payments made in accordance with the foregoing, and in such amounts or manner as stipulated in the orders for Extra Work. (3) If, when so provided elsewhere in this CONTRACT, compensation for Extra Work shall be made on more than one basis, the payment to be made shall be the aggregate sum of the amounts determined on the several bases. (4) The CONSULTANT shall submit to the Project Manager weekly personnel time sheets for approval. These time sheets signed by the Project Manager shall be included with the invoices to be submitted to the CITY. (5) The CONSULTANT may submit invoices to the CITY, not more often than once per month during the progress of the work, for partial payment on account for the approved work completed to date by the CONSULTANT. Such invoices shall represent the value of the CONSULTANT'S partially completed work, and shall contain a breakdown of individual personnel hours, the task upon which they were engaged, subconsultant’s costs and expenses. Payments to the CONSULTANT will be limited to 95 percent of the total CONTRACT cost with the five (5) percent retainer being withheld from the last billing(s). The CITY will pay the 5 percent retainer upon notice from the CONSULTANT that the CONTRACT work is completed and final acceptance of the work. (6) Should the CONTRACT contain more than one construction project, any and all invoices and the final statement shall itemize charges by individual project. (7) Final payment of any balance due to the CONSULTANT of the ultimate gross amount earned will be made promptly upon its verification by the CITY, upon completion of the work under this CONTRACT, its acceptance by the CITY, and upon receipt of the survey notes, records, reports, final estimates, as-built plans, specifications, manuals, guides, construction contracts and plans, and other documents required to be returned or to be furnished under this CONTRACT. B. WORK ORDERS, EXTRA WORK, OR DECREASED WORK (1) Written orders regarding the work will be given by the CITY. Orders that do not change the scope of work in the CONTRACT, but may increase or decrease the quantity of labor or materials or the expense of the work, shall not annul or void this CONTRACT. (2) The CONSULTANT must proceed with the work as directed by furnishing the necessary labor, equipment, materials, and professional services to complete the work within the time limits specified in schedules or as adjusted by agreement of the parties. (3) If, in the CONSULTANT'S opinion, such orders involve work not included in the terms or scope of this CONTRACT, the CONSULTANT must notify the CITY in writing of his opinion if he desires extra compensation. (4) If, in the CONSULTANT'S opinion, such orders would require the discarding or redoing of work which was based upon earlier direction or approvals, the CONSULTANT must notify the CITY in writing of his opinion if he desires extra compensation. (5) Such notification shall include the justification for the claim for extra compensation and the estimated amount of additional fee requested. (6) The CITY will review the CONSULTANT'S submittal and, if acceptable, approve a change order as an amendment to this CONTRACT. The CITY shall issue a verbal acceptance of the change order within five (5) days of the written submittal and a written acceptance after thirty (30) days. Work under a change order shall not proceed until so authorized by the CITY. 4. MISCELLANEOUS PROVISIONS A. CONSTRUCTION ENGINEERING STANDARDS (1) All work under this CONTRACT shall be performed in accordance with the current standard practices of the CITY as contained in the specifications, special provisions, manuals, guides, and written instructions of the CITY. (2) No variation will be permitted except by written order of the CITY. B. REVISION OF SPECIFICATIONS AND PLANS (1) The CITY may, by written notice and without invalidating this CONTRACT, require changes in the specifications, construction contract plans, or special provisions resulting in the revision or abandonment of work already performed by the CONSULTANT, or resulting in work by the CONSULTANT not contemplated in the CONTRACT and for which full compensation is not provided in the CONTRACT. (2) Claims by the CONSULTANT for compensation for work resulting from such revisions shall be submitted and processed in accordance with Section 3B above. C. OWNERSHIP OF DOCUMENTS (1) Upon completion or termination of this CONTRACT the original drawings of all plans, specifications, manuals, guides, written instructions, copies of the construction contract, unused forms and record keeping books, and other written data and information furnished to the CONSULTANT by the CITY for the performance of the CONTRACT, and all survey notes, diaries, reports, records, estimates, as-built plans, and other information and data collected or prepared by the CONSULTANT in the performance of this CONTRACT shall be properly arranged and delivered to the CITY, and shall become the property of the CITY. (2) Documents collected or prepared by the CONSULTANT in the performance of this CONTRACT may be used without restriction by the CITY for any public purpose. Any such use shall be without compensation to the CONSULTANT other than as may be provided in the CONTRACT. D. CONTINGENT FEES (1) The CONSULTANT warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this CONTRACT, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this CONTRACT. For breach or violation of this warranty the CITY shall have the right to annul this CONTRACT, without liability, or on its discretion to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. E. ACCESS TO RECORDS (1) The CONSULTANT, and subcontractors to the CONSULTANT if any, agree to maintain for inspection by the CITY and County auditors all books, documents, papers, accounting records, and other evidence pertaining to all costs incurred under this CONTRACT and to make such materials available at their respective offices at all reasonable times during the life of the CONTRACT and for three (3) years from the date of final payment under the CONTRACT, and to furnish copies thereof if requested. In addition, the CONSULTANT must furnish the County auditors with requested information, records, and reports regarding powers, duties, activities, organization, property, financial transactions, methods of operation, or any and all other records, reports, or information in their custody. They shall also provide access for the auditors to inspect all property, equipment, and facilities within their custody, if applicable. The auditors shall have access to such reasonable staff time as may be required for the performance of his or her duties. Any information provided to the auditors which is deemed confidential by federal, state, or local laws shall be held as confidential and not disclosed to the public. (2) If more than a nominal number of copies are requested, the additional copies shall be furnished at the expense of the requesting agency. (3) The CONSULTANT will maintain these materials at the location specified elsewhere in the CONTRACT. F. LEGAL RELATIONS (1) The CONSULTANT shall become familiar with, and shall at all times observe and comply with, all applicable federal, state, and local laws, ordinances, and regulations. (2) The CONSULTANT shall be responsible for any and all damages to property or persons arising out of an error, omission and/or negligent act in the CONSULTANT'S performance of the work under this CONTRACT. (3) The CONSULTANT shall indemnify, hold harmless, and defend the CITY, the County and all of their officers, agents, and employees from any and all liability claims, demands, losses, costs, damages, and expenses of every kind and description, including attorney fees for damage to persons or property arising out of, or in connection with, or occurring during the course of this CONTRACT, where such liability is founded upon or grows out of the acts or omissions of any agent or employee of the CONSULTANT. G. NONDISCRIMINATION IN EMPLOYMENT (1) During the performance of this CONTRACT, the CONSULTANT, for itself, its assignees and successors in interest agrees as follows: In connection with the performance of work under this CONTRACT, the CONSULTANT agrees not to discriminate against any employee, applicant, or subconsultants because of sex, age, race, religion, color, handicap, physical condition, developmental disability, or national origin as defined by State statutes and by Federal laws. This provision shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places, available for employees and applicants for employment, notices setting forth the provisions of the nondiscrimination clause. (2) In the event of the CONSULTANT'S non-compliance with the non-discrimination provisions of this CONTRACT, the CITY shall impose such CONTRACT sanctions as it may determine to be appropriate including, but not limited to: a. Withholding of payments to the CONSULTANT under the CONTRACT until the CONSULTANT complies, and/or b. Cancellation, termination or suspension of the CONTRACT in whole or in part. (3) The CONSULTANT will include the provisions for non-discrimination in every subcontract, including procurement of materials and leases of equipment, unless exempt by the regulation, order, or instructions issued pursuant thereto. The CONSULTANT will take such action with respect to any subcontract or procurement as the CITY may direct as a means of enforcing such provisions including sanctions for noncompliance. In the event the CONSULTANT becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the CONSULTANT may request the CITY to enter into such litigation to protect the interests of the CITY. H. ERRORS AND OMISSIONS (1) The CONSULTANT shall be responsible for the accuracy of the work performed under the CONTRACT, and shall promptly make the necessary revisions or corrections resulting from their negligent acts, errors, or omissions without additional compensation. (2) The CONSULTANT shall give immediate attention to these revisions or corrections to prevent or minimize delay to the Contractor. (3) The CONSULTANT shall be responsible for any damages incurred as a result of their errors, omissions, or negligent acts and for any losses or costs to repair or remedy construction. I. CONFLICT OF INTEREST (1) The CONSULTANT warrants that they have no public or private interest, and shall not acquire directly or indirectly any such interest, which would conflict in any manner with the performance of the work under the CONTRACT. (2) The CONSULTANT shall not employ any person currently employed by the CITY for any work included under the provisions of the CONTRACT. (3) No official or employee of Waukesha County shall have any financial interest, either direct or indirect, in the proposal or contract. No official or employee of Waukesha County shall exercise any undue influence in the awarding of the proposal or CONTRACT. J. INDEPENDENT CONSULTANT STATUS (1) The CONSULTANT agrees that it is an independent consultant with respect to the services provided pursuant to this CONTRACT. Nothing in this CONTRACT shall be considered to create the relationship of employer and employee between the parties. 5. SPECIAL PROVISIONS I. SCOPE OF SERVICES A. SERVICES TO BE PERFORMED BY THE CONSULTANT The CONSULTANT agrees to: (1) Conduct pre-construction utility coordination and monitoring, including, but not limited to, telephone contacts, site inspections, spot field survey of potential conflict points or where needed by the utility, and any necessary documentation of those locations of the relocated facilities that will be useful or critical in the subsequent construction of the project. It is estimated that utility coordination will begin with consultant CONTRACT approval and extend through the completion of the construction phase of the PROJECT. (2) Attend all conferences required under the terms of the CONTRACT.  (3) The CONSULTANT shall hold the pre-construction conference and prepare all documents necessary for distribution at the conference. (4) Designate a Project Engineer, with the duties and responsibilities designated in Section 1.B of the General Provisions of the CONTRACT. (5) Become familiar with the standard practices of the CITY, the construction plans and contract, and the Contractor's proposed schedule of operations prior to beginning field work under the CONTRACT. (6) Assign a sufficient number of technically qualified and experienced personnel to the PROJECT to perform the services required under the CONTRACT in a timely manner to avoid delay to the Contractor. (7) Withdraw any personnel or halt any services no longer required, at the request of the CITY, or within a reasonable time after the lack of need becomes apparent to the CONSULTANT. (8) Perform all field operations in accordance with OSHA regulations and accepted safety practices. (9) Furnish all equipment required to accomplish the CONSULTANT'S work and to check or test it prior to use on the PROJECT. (10) Provide for CONSULTANT'S personnel such transportation, supplies, materials, and incidentals as are needed to accomplish the services required under the CONTRACT. (11) Issue routine orders to the Contractor and provide guidance in the proper interpretation of the specifications and plans. (12) Inspect all phases of construction operations, including equipment and materials, and to reject those not meeting the specifications and special provisions. (13) Be the CITY’S liaison to the property owners and public along the construction PROJECT. This includes, but is not limited to: a. A letter of introduction prior to the start of construction. b. The set-up and maintenance of a telephone hotline at the job trailer. c. Weekly or regularly scheduled newsletters. d. Telephone contacts with individuals that are directly affected by the construction. e. Arrange and hold, with the CONTRACTOR, meetings with interested adjoining property and/or business owners. Waukesha County will provide a meeting location. (14) Ensure that the traffic control is placed correctly and used correctly by the CONTRACTOR and that any traffic control that is disturbed by the construction methods is replaced to its proper location.  (15) Sample and/or test materials to be incorporated in the work and to reject those not meeting the specifications and special provisions. Sufficient samples shall be taken at regular intervals, based on quantities used, to ensure consistent and timely compliance with the specifications and special provisions. Samples shall be obtained in accordance with the procedures specified in the Wisconsin Department of Transportation (WDOT) Construction and Materials Manual. (16) Make certain that test report records or certificates of compliance have been received, prior to the incorporation in the work, for materials tested off the PROJECT site. (17) Keep such daily diaries, logs, and records as are needed for a complete record of the Contractor's progress, including the Project Engineers' diaries. (18) Measure and compute all materials incorporated in the work and items of work completed, and maintain item account records. (19) Prepare and submit, or assist in preparing, such periodic, intermediate, and final reports and records as may be required by the CITY and as are applicable to the PROJECT, which may include: a. Weekly progress reports b. Weekly statement of working days c. Notice of change in construction status d. Report of field inspection of material e. Test report record f. Contractor pay estimates g. Final certification of materials h. Explanation of quantity variation i. Statement of contract time j. Other records and reports as required by the individual PROJECT. (20) Review, or assist in reviewing, all Contractor submittals of records and reports required by the CITY, as applicable to the PROJECT, which may include: a. Weekly payroll b. Statement of wage compliance c. Requests for partial and final payment d. Other reports and records as required by the individual PROJECT. (21) Prepare and submit, if desired by the CONSULTANT, partial payment invoices for services rendered by the CONSULTANT, but not to exceed one submittal per month. (22) Collect, properly label or identify, and deliver to the CITY all original diaries, logs, notebooks, accounts, records, reports, and other documents prepared by the CONSULTANT in the performance of the CONTRACT upon completion or termination of the CONTRACT. (23) Return, upon completion or termination of the CONTRACT, all specifications, manuals, guides, written instructions, construction contracts and plans, unused forms and record keeping books, and other documents and materials furnished by the CITY. The CONSULTANT shall be responsible for replacing lost documents or materials at the price determined by the CITY. (24) Prepare and submit a final payment voucher for services rendered by the CONSULTANT. (25) Supply a 24-hour telephone number where the Project Engineer can be reached in the event of an emergency. (26) Prepare and deliver one copy of the "as-built" plan to the CITY. (27) As a part of the “as-built” plan, the CONSULTANT shall provide grid coordinates, IN FEET, referenced to the Wisconsin State Plane Coordinate System, South Zone, as used by the Southeastern Wisconsin Regional Planning Commission for the following items. This information will be used to update Waukesha County’s Cartegraph-based asset management system databases. The information shall be provided in digital format and be compatible with the CITY’S existing Cartegraph databases. The items are as follows: 1. All storm sewer systems, including: structures, pipes and outfalls, 2. All cross culverts (type, size, and length) (28) Perform construction surveys and staking, including the provision of all expendable items such as stakes, lath, and so on, and provide measurements needed by the Contractor. B. SERVICES TO BE PROVIDED BY THE CITY (1) The CITY agrees to: a. Make available to the CONSULTANT sufficient copies of the construction contract and plans, shop drawings, plan revisions, specifications, manuals, guides, written instructions, and other information and data considered by the CITY to be necessary to enable the CONSULTANT to perform the work under this CONTRACT to the same standards required of the CITY'S personnel. b. Provide for the use of the CONSULTANT a sufficient supply of the reporting forms considered by the CITY to be necessary for the CONSULTANT to perform the work under this CONTRACT to the same standards required of the CITY'S personnel. c. Designate a Project Manager with the duties and responsibilities set forth in Section 1B of the General Construction Provisions of the CONTRACT. d. Provide through the Project Manager, such assistance and guidance to the CONSULTANT as may be reasonably necessary to perform and complete the CONTRACT in conformance with standard construction engineering practices of the CITY. (2) The CITY reserves the right to assign to the PROJECT such CITY personnel as may be needed to perform specialized work duties or to augment the CONSULTANT'S personnel. The cost of such CITY personnel and services will be deducted from the CONSULTANT'S compensation under this CONTRACT if such assignment is required by the failure of the CONSULTANT to provide a sufficient, properly qualified, and experienced work force, as determined by the CITY. II. PROSECUTION AND PROGRESS (1) The work under this CONTRACT is anticipated to begin with the utility coordination phase upon contract execution with additional utility coordination and the remainder of the tasks specified herein extending through the completion of the PROJECT. It is anticipated that work under the actual construction contract will start on June 10, 2013 and be completed by August 15, 2013. (2) To the extent possible, the CONSULTANT shall complete all services to be rendered under this CONTRACT not later than three (3) months after completion of PROJECT construction. III. BASIS OF PAYMENT (1) The CONSULTANT will be compensated by the CITY for services provided under this CONTRACT on the following basis: a. Construction Management Services for the 2018 Hall Road Construction Project shall be actual cost not to exceed $ b. Direct Expense for Project I.D. 12-2766(01), C.T.H. “M” shall not exceed $ c. The total contract amount for Project I.D. 12-2766(01), C.T.H. “M” shall not exceed $ ; compensation in excess of this total contract amount will not be allowed unless justified and authorized by contract change order. d. Only in the instance of a significant change in PROJECT scope may the CONSULTANT submit a change order to the CITY. No work requiring a change order shall proceed until so authorized by the CITY. e. When the work site is removed from the CONSULTANT'S headquarters, reimbursement for mileage shall be from the CONSULTANT'S employee's home to the work site. No reimbursement for mileage between temporary lodging and the work site will be allowed. No reimbursement for mileage for passengers will be allowed. f. Travel time shall be paid one way. Travel time one way shall not exceed one-half (1/2) hour. g. A CONSULTANT employee shall be paid for two (2) hours "show-up" time if the employee is sent home, due to work-site conditions, at the direction of the Project Engineer. No "show-up" time will be allowed if the CONSULTANT and/or CONSULTANT employee is notified of the no work conditions on the previous day. (2) Reimbursement for costs will be limited to those which are allowable under (48 FAR) Federal Acquisition Regulations. (3) Should the CITY cancel all or any part of the CONTRACT, the allowable actual costs shall be paid and the Fixed Fee renegotiated to represent the decreased work under the CONTRACT. (4) The CONSULTANT will be compensated by the CITY for Extra Work under future amendment(s) on the following basis:  a. The CONSULTANT'S actual costs based on the following hourly rates for the CONSULTANT'S regular staff: Classification Hourly Rate Principal $ Project Engineer $ Engineer $ Technician $ Clerical $ Surveyor $ Party Chief $ Instrument Person $ Rod Person $ b. The CONSULTANT'S overhead rate of % approved by the CITY'S current audit. c. A fixed fee negotiated by the CONSULTANT and the CITY and approved by the CITY. IV. MISCELLANEOUS PROVISIONS A. AUTHORIZED REPRESENTATIVES (1) The Project Manager for the CITY will be Patrick Vander Sanden, City Administrator, reachable at 920-623-5900. (2) The Project Engineer for the CONSULTANT will be Jason Lietha,., whose work address is , and whose work telephone is or (cell). B. ACCESS TO RECORDS (1) All documents and evidence pertaining to costs incurred under this CONTRACT will be available for inspection during normal business hours in the CONSULTANT'S office, located at for a period of three (3) years following final CONTRACT payment. C. INSURANCE (1) Indemnification Agreement- CONSULTANT agrees to indemnify, hold harmless and defend the County, its officers, agents, and employees from any and all liability including claims, demands, damages, actions or causes of action, together with any and all losses, costs or expense, including attorney fees, in connection with or related thereto, for bodily injury, sickness, disease, death, personal injury or damage to property or loss of use resulting therefrom arising out of or in connection with or occurring during the course of this CONTRACT where such liability is founded upon or grows out of the negligent acts, errors, or omissions of the CONSULTANT, it's employees, agents, or subcontractors. (2) Insurance- The CONSULTANT agrees that it will at all times during the term of this CONTRACT, keep in force and effect insurance policies as outlined below, issued by a company or companies authorized to do business in the State of Wisconsin and satisfactory to the County. Such insurance shall be primary. Upon execution of this CONTRACT, the CONSULTANT shall furnish the County with a Certificate of Insurance and upon request, certified copies of the required insurance policies. The Certificate shall reference this CONTRACT and additional insured status if required. The County, through its Risk Management-Finance CITY, shall be given thirty (30) days advance notice of cancellation, non-renewal, or material reduction of coverage’s, scope or limits during the term of this CONTRACT. (3) Worker's Compensation and Employers' Liability Insurance- Statutory worker's compensation benefits and employers' liability insurance with a limit of liability not less than $100,000 each accident. The CONSULTANT shall require subcontractors not protected under its insurance to take out and maintain such insurance. (4) Commercial General Liability Insurance- Policy shall be written to provide coverage for, but not limited to, the following: (1) premises and operations, (2) products and completed operations, (3) personal injury, and (4) blanket contractual coverage Limits of Liability Not Less Than: $1,000,000 General Aggregate, $1,000,000 Products/Completed Operations Aggregate, $1,000,000 Personal and Advertising Injury, $1,000,000 Each Occurrence, $50,000 Fire Damage. The County, its boards, commissions, agencies, officers, employees and representatives shall be named as additional insured and so stated on the Certificate of Insurance. (5) Automobile Liability Insurance- Business automobile policy covering all owned, hired, and non-owned private passenger autos and commercial vehicles. Limit of liability not less than $500,000 combined single limit. (6) Professional Liability/Errors or Omissions Insurance- Policy shall provide liability coverage for damages arising out of the negligent acts, errors, or omissions of the CONSULTANT in the conduct of their work. Limits of liability not less than $500,000 each occurrence/claim, $500,000 aggregate. (7) Deductibles and Self-Insured Retentions- Any deductibles or self-insured retentions (SIRs) must be declared to and approved by the County. At the option of the County, either: the CONSULTANT shall reduce or eliminate such deductibles or SIRs or procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The CONSULTANT understands that any and all deductibles and SIRs shall be assumed by and be for the account of, and at the sole risk of the CONSULTANT. (8) Claims-Made Coverage- For claims-made coverage, the retroactive date of coverage for policies in force during this CONTRACT shall be no later than the inception date of this CONTRACT unless the policy in force at the inception date of this CONTRACT is extended indefinitely to cover all acts. Coverage shall be extended beyond this CONTRACT and policy year either by a supplemental extended reporting period for at least two (2) years after work has been completed and accepted with no less coverage or by providing a retroactive date no later than the inception date of this CONTRACT for any policy issued within two (2) years after work has been completed and accepted. The retroactive date shall be stated on the Certificate of Insurance.  AGENDA ITEM Committee of the Whole Meeting date: __May 1, 2018 ______ Council Meeting date: _____TBD______ ITEM: _ Discussion of Proposed Ordinance Regarding New Liquor License Type DETAILED DESCRIPTION OF SUBJECT MATTER: In an attempt to foresee the growth and development of the City of Columbus, it has been brought up that the liquor license quota could potentially cause businesses to seek other municipalities if a license is not available/clearly defined in the Code. Wis. Stats. 125.51(4) provides for the Quotas on Class B Licenses and Wis. Stats. 125.51(4)(v) allows for municipalities to issue a license for “A full-service restaurant that has an interior, permanent seating capacity of 300 or more persons” as well as two other business types with requirements (the statutes are attached). The City received direction from the Department of Revenue that stated no Ordinance is required to issue these “above quota” licenses however, we would ask for this license type to be included in the City’s Code and the “interior, permanent seating” portion to be defined. This item was discussed at the April 10, 2018 Committee of the Whole meeting. City Attorney Johnson has drafted an Ordinance for your review and consideration. ACTION REQUESTED OF COUNCIL: Discuss and review proposed Ordinance regarding new liquor license type for the City with definition of what qualifies as “interior, permanent seating.”  2018 AGENDA ITEM Committee of the Whole Meeting date: __ May 1, 2018 ______ Council Meeting date: _____TBD ______ ITEM: _ The Class B Liquor/Beer Quota with New Business Interest in Columbus DETAILED DESCRIPTION OF SUBJECT MATTER: There have been recent communications between the City and Capitol Real Estate Management, the company is that is the owner of the formal Cardinal Ale House & Bowl on Industrial Drive. Recent news reports have shared that there are plans for Sprecher, who is connected to Capitol Real Estate Management, to re-open the restaurant and bowling alley using the name Fastlanes. Representatives from Capitol Real Estate Management have recently inquired about obtaining a liquor license for this establishment. Currently all of the City’s “Class B” (liquor & fermented malt beverage) licenses as determined by state statutes have been granted. Based upon our population, the City of Columbus is allowed to approve 13 of these licenses, along with 2 reserve licenses, which come with a $10,000 fee attached to them. Four of the 13 establishments that hold these licenses are currently not in operation. They include: La Tolteca, Chef’s Corner, the former VFW, and Cercis Brewing Company. Given this information, in order to grant Capitol Real Estate Management a license, one of two things would need to happen. They could agree to pay the reserve license, at that cost of $10,000, or be granted a license from one of those currently not in use. Tied to latter option is to review the status of the licenses that are currently not meeting the requirements as a “Class B” license holder, and potentially prevent efforts to renew. The non-renewal question would require the City to follow a process to non-renew licenses from those establishments who are not currently in business. Atty. Paul Johnson can explain in more detail at the meeting on Tuesday, but essentially, the City would need to send notice to the entities of a non-renewal and a hearing date would be set. At the hearing, the affected proprietors would have the opportunity to appeal to the Council the reasons their license should be retained. At that point, the Council could then render a decision. The affected proprietors would then be able to appeal to circuit court if they desired to do so. Capitol Real Estate Management has indicated they are working towards a June opening for their Fastlanes restaurant, but it is dependent upon the acquisition of a “Class B” liquor license. If a decision to work toward a non-renewal process on Tuesday is made, it the process could be completed within this timeframe. Below is the text from City Code Section 6-44(e) which explains the requirements and responsibilities of the license holders: Minimum license use requirement. A licensee shall be open for business with adequate stock and equipment for at least 125 days during the term of the license. In the event that a licensee is not open for business for at least 125 days during the license period, or the premises is closed or not operating for any period of 90 consecutive days or more, the common council may commence an action for suspension, revocation or non-renewal of the licensee's license pursuant to Wis. Stats. § 125.12. In deciding to suspend, revoke or non-renew the license, the common council may consider such factors as: Damage to the premises rendering it temporarily unfit for safe operation under the license; closing for reasonable periods to alter, repair, remodel or redecorate the premises; seasonal operation of the licensed business; acquisition of licenses by commercial lenders incidental to a foreclosure proceeding or deed in lieu of foreclosure; or any other closing for periods beyond that permitted by this section due to unusual circumstances not under the control of the licensee. I have also attached the statutory documentation related to this process for your review. LIST ALL SUPPORTING DOCUMENTATION ATTACHED: State Statute Ch. 125.12 ACTION REQUESTED OF COUNCIL: Consider Class B License quota and process  2018 AGENDA ITEM Committee of the Whole Meeting date: __May 1, 2018 ______ Council Meeting date: _____May 15, 2018_____ ITEM: _ Items #14 and #15 Committee of the Whole DETAILED DESCRIPTION OF SUBJECT MATTER: Here are some notes for the final two items on the COW: #14: Council Listening Session Typically, the City Council has held 1-2 Listening Sessions in the community each year at rotating locations (Library, Fire Station, and Pavilion). There was a suggestion at the last Council meeting to schedule another session soon, as the last one was on June 14, 2017 at the Columbus Fire Station. Hopefully we can settle on a date and location at the meeting on Tuesday night. #15: May 15th Council meeting The Columbus Middle School Spring Music Concert is scheduled for 6 pm on Tuesday, May 15th. With children who participate in the music program, Mayor Thom and I would respectfully ask if the meeting could be moved off of that date to another day within that week. From a practical standpoint, moving the meeting to Wednesday May 16th, would be better because it better conforms to the noticing requirements of the recently submitted chicken permits, per City Clerk Megan Moen. However, like the above item, hopefully a resolution can be made here as well. LIST ALL SUPPORTING DOCUMENTATION ATTACHED: None. ACTION REQUESTED OF COUNCIL: Consider a date for a Council Listening Session and an alternate date for the May 15th City Council meeting.