Committee of the Whole Meeting Packets

COLUMBUS COMMON COUNCIL – COMMITTEE OF THE WHOLE TUESDAY, MAY 22, 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 a. March Police Report b. April EMS Report c. April Fire Report 6. [if needed] Discussion of application to keep chickens received for 1360 Waterloo St. 7. [if needed] Discussion of application to keep chickens received for 436 W. Mill St. 8. Discussion of banners/aesthetic items on decorative light poles in the downtown 9. Review & Discuss James St/Manning street environmental monitoring from the James Street Reconstruction 10. Continue to review and discuss request for quote and proposed contract of Construction Review Services for the Hall Road project 11. Review & Discuss potential review of telecommunications costs with Telecom Fitness 12. Discussion of need by the Police & Fire Commission to fund recruitment of the next Columbus Chief of Police 13. Adjourn TO: Columbus Area EMS District Board Members FROM: Chris Orange DATE:May 3, 2018 SUBJECT: April 2018 Lifestar responded to 54 911 calls this month that were paged out via Columbia County Dispatch. Lifestar was requested to respond for auto ALS with Cambria EMS and Rio EMS as well as providing a paramedic intercept with Pardeeville EMS. Below is the monthly breakdown by municipality:  City of Columbus – 24  Village of Fall River – 7  Town of Calamus – 0  Town of Columbus – 4  Town of Elba – 9  Town of Fountain Prairie – 1  Town of Hampden – 1  Town of Portland – 2  Town of Otsego – 1  Town of York – 2  Intercepts – 1  Auto ALS - 2 Lifestar failed to meet the response guidelines on three separate 911 calls for the month of April. On 4/10, Lifestar responded into the Town of Portland and given the distance to travel and the request for no lights and siren the time guidelines were not met. On 4/20, Lifestar was requested to respond into the City of Columbus for an EMS call. COSO Dispatch had given the responding ambulance the wrong address which caused a delay in response time. On 4/24, Lifestar was requested to respond into the City of Columbus for an unknown problem. There was a separate EMS request two minutes prior which was covered by a Lifestar ambulance. The second Lifestar ambulance was returning from a transfer to Madison and was able to respond to the second 911 call with some delay given their location south of Columbus. On 4/6, mutual aid was requested from Beaver Dam EMS due to call volume for an EMS call in the City of Columbus. Lifestar also provided lengthy stand-by coverage for the tactical incident that occurred in the City of Columbus on 4/29.  Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec TOTAL Calamus 0 0 5 0 5 Columbus City 34 24 27 24 109 Columbus Town 4 2 2 4 12 Elba 2 1 6 9 18 Fall River 9 11 9 7 36 Fountain Prairie 2 0 3 1 6 Hampden 1 1 3 1 6 Otsego 0 0 0 1 1 Portland 2 0 2 2 6 York 2 0 1 2 5 TOTALS 56 39 58 51 204 Fire/PD Standby 5 0 6 1 12 Auto ALS 0 0 0 2 2 Intercepts 1 1 0 1 3 Mutual Aid 0 0 0 0 0 MONTHLY TOTALS 57 40 58 54 209 Respectfully, Christopher Orange Critical Care Paramedic Columbus Supervisor  CITY COUNCIL REPORT FOR MAY 22, 2018 MEETING LEVEL OF STAFFING - AS OF 04/30/2018 37 Paid on Call Firefighters - Non-Probationary Members 2 Paid on Call Firefighters - Probationary Members 1 Fire Chief 40 Total Active Members 0 Vacant Firefighter Positions 0 Hiring Process 0 Eligibility List Full staff level for active fire personnel is 40  INCIDENT RESPONSES March 2018 Alarm End City Rural # of Run # Alarm Date Time Time Incident Location Incident Incident Incident Type F.F. Barn Fire 18-049 04/03 13:20 15:30 1394 W Medina Rd X Mutual Aid 5 Marshall FD 18-050 04/06 08:04 09:15 Hwy 151 & Maier Rd X MVA 16 Hwy BB @ Railroad 18-051 04/06 13:28 14:35 X Truck vs Train 11 Tracks Apartment Fire Mutual Aid 18-052 04/07 06:18 15:00 600 W Third St X 12 Beaver Dam FD Marsh Fire Mutual Aid 18-053 04/08 11:46 16:45 N6301 Wren Rd X 13 Beaver Dam FD 18-054 04/10 11:24 12:45 700 Block Maple Ave X MVA 8 Grass Fire 18-055 04/11 11:48 14:00 W2370 Grady Rd X Mutual Aid 4 Fall River FD 18-056 04/11 18:28 19:40 W1085 Hwy K X MVA 11 18-057 04/13 07:56 08:35 Sturges & Dix St X MVA 10 Alarm 18-058 04/14 01:05 01:40 100 APC Way X 6 Activation Elevator 18-059 04/16 10:18 10:40 633 W James St X 2 Rescue Lange Rd near 18-060 04/16 12:06 12:30 X MVA 7 W11879 18-061 04/16 17:47 18:15 779 Maple Ave X False Alarm 14 Industrial 18-062 04/18 13:46 14:45 115 Commercial Dr X 10 Accident Smoke Alarm 18-063 04/20 06:03 06:46 244 N Ludington X 8 Activation 18-064 04/24 19:00 21:30 W11361 Hwy 16/60 X Grass Fire 25 Drone 18-065 04/29 07:24 14:40 505 S Birdsey X 5 Response Current Monthly Total: 17 Total Runs by Month: Jan 16 July Feb 12 Aug Mar 20 Sep Apr 17 Oct May Nov June Dec Year to date total 65 Last Year at this time 49 TRAININGS, MEETINGS, AND COMMUNITY ACTIVITIES April 2018 04/02 4-H Meeting @ St. Columbkille Church – Public Education 04/03 Inspectors Class @ Oregon – FF Milburn and FF Sebal 04/09 Entry Level Class @ Sun Prairie – FF E. Groh Firefighter I Class @ Madison – FF Bohner Kirchberg Homeschool – Public Education, tour of station 04/10 Monthly Department Meeting Semi Monthly Drill - Severe Weather/Scene Set up 04/11 Fire Inspector I Class @ Oregon – FF Milburn and FF Sebal 04/12 Entry Level Class @ Sun Prairie – FF E. Groh 04/14 Fire Inspector I Class @ Oregon – FF Milburn and FF Sebal Entry Level Class @ Sun Prairie – FF E. Groh 04/19 MABAS 135 Meeting – Capt. Dykstra 04/24 Semi Monthly Drill – Wildland Fire Training 04/25 Columbia County Firefighters Meeting – Deputy Chief Kluetzman & Chief Koehn 04/26 Entry Level Firefighter Class @ Sun Prairie – FF E. Groh Rural Fire Group Meeting – Koehn & Kluetzman 04/27 Egg Drop Science Project @ Columbus High School – Carl, Fox, Hazeltine & Helleckson 04/29 Firefighter I Practical Test @ Madison – FF Bohner  ITEMS OF NOTE FOR APRIL It was a fairly active month for us. The grass fire season kicked into high gear. We spent the first weekend in April assisting the Beaver Dam Fire Department. On Saturday, the 7th, we assisted them at the fatal apartment fire in their city. On the 8th, while they were still at the scene of the apartment fire, we assisted them at a 100 acre marsh fire in the town of Calamus between Beaver Dam and Columbus. On the 29th, we assisted the police department with the incident on S. Birdsey St, Randy Koehn  2018 AGENDA ITEM Committee of the Whole Meeting date: __May 22, 2018______ Council Meeting date: _____ TBD______ ITEM: _ Downtown Banners/Decoration___ DETAILED DESCRIPTION OF SUBJECT MATTER: As new decorative street light poles are being erected along the downtown blocks on Ludington Street and the new line of poles already up from the James St project last year, I would like to discuss next steps to enhance the aesthetics of the downtown by placing decorative items on the poles. During the planning phases of the James St project, the decorative poles selected were chosen in part due to their ability to accommodate decorations and aesthetic improvements for the corridor. I recently met with Davis Clark and Carolyn Fredericks from DPW, Eric Anthon from Columbus Water & Light, and Planning/Development Director Matt Schreiber to share ideas about the poles. That discussion centered on concepts related to decorative banners. The banners would be mounted on the decorative poles and convey a welcome message or graphic that would greet visitors that approach or are in the downtown. Typically, the size of these banners start from 18” x 36” and go higher from there. As you might expect, there is a wide range of options in terms of size, color and content. I think the staff group that met had some good ideas to start with, but we realize that the banners are likely to be a focal point and want to be careful with the approach to how to determine how they should look. One suggestion I would forward is to consider a “Task Force” that would be similar to the group that formulated the CSS Grant for the James Street project a few years ago. That group included members of the Council, downtown business owners and others who could provide input on aesthetic issues. The other approach could be to have staff work with a vendor and develop several alternatives to forward for review. These are items to consider as we move forward. Along with the banners, the group discussed options and needs for holiday decorations, as the former lighted decorations no longer work for the new light poles. In the meantime, I have had discussions with business owners and other members of the community about the corridor. One idea is to utilize the cross bracketing to hang flower baskets on the poles. This could really spruce up the downtown in certain seasons. The other item that could be addressed is the open, grassy space on the boulevard next to City Hall. That area was cleared during the road project to create an open canvass for possible enhancement or other use. It was equipped with electric capability for the various events that take place there, but the area could be a place for another downtown focal point. Library Director Cindy Fesemyer asked about the plans for the space and wondered about placing some public art there. These are all items that I thought should be introduced for some initial discussion and planning. Perhaps some of these items are relatively simple ways to enhance the downtown area but as mentioned earlier, there could be a number of approaches to the issue. LIST ALL SUPPORTING DOCUMENTATION ATTACHED: Photo examples of banners and flowers ACTION REQUESTED OF COUNCIL: Discussion of ways to improve the downtown aesthetics using the new infrastructure from James Street.  2018 AGENDA ITEM Committee of the Whole Meeting date: __May 22, 2018 ______ Council Meeting date: _____ TBD ______ ITEM: _ James Street Project – Environmental Monitoring DETAILED DESCRIPTION OF SUBJECT MATTER: As part of the 2017 James Street Reconstruction, a DNR requirement was to have an area near James Street and Manning Street undergo environmental monitoring (including the installation of a monitoring well(s)) due to the history of the site and known contaminants located there. The costs for the monitoring were included in the project costs, and the consultant who worked on the project for the City provided a lengthy report of the site area. The consultant, Steve Sellwood, from TRC, stated that the area is now considered clean and the City should consider moving towards a “closure” of the site with the Wisconsin Department of Natural Resources (DNR). There are a number of steps that are involved in the closure of an environmental mediation site, and Steve has provided a Change Order to the original project (which again was funded through the James St project) that comes with a price tag of $9631.17. At this time, I am bringing this to the Committee of the Whole as an FYI at this point, because contained in Steve’s report and recommendation, is also a statement that the report and plan can be filed with the DNR at “any time”. Besides this initial information, what I would like to discuss is potential next steps. My initial thought is that it would be helpful to invite Steve Sellwood to an upcoming Council meeting to review the report and share what is needed in a project closeout, so we can have a greater understanding. I also believe we should discuss whether the proposed change order is a fair price or whether reaching out to other firms would behoove the City to compare prices. Again, I have no sense that timing is an issue here. For further information, I have attached the executive summary and initial introduction from the TRC Report and the change order paperwork for your review. LIST ALL SUPPORTING DOCUMENTATION ATTACHED: TRC Report – summary and initial documents. TRC change order for monitoring closure ACTION REQUESTED OF COUNCIL: Review and discussion of the next steps in the environmental monitoring site  2018 AGENDA ITEM Committee of the Whole Meeting date: __May 22, 2018 ______ Council Meeting date: _____ TBD ______ ITEM: _ RFQ/Contract for Construction Review Services for Hall Road Project DETAILED DESCRIPTION OF SUBJECT MATTER: After receiving input from the initial review by Council at the May1st meeting and a more in-depth review of the documents by Atty. Johnson, attached is a more refined version of a Request for Quote and a contract for Construction Review Services for the upcoming Hall Road construction project. Per Jason Lietha’s suggestion at the last meeting, the indemnification language and insurance requirements have been revised to more equal the expectations we have of Ruekert-Mielke as the City Engineer. The timeline for the Hall Road project is nudging us to process these documents so that we can begin the effort to have a consultant in place for the project. The Hall Road project is currently out for bid, with a bid opening scheduled for Thursday, May 24th. The project timeframe is current set for August-October, which gives the City a window to request the information from interested consultant for the construction review. At such point that this is approved, City staff will move quickly toward putting out the RFQ with the hopes we get a wide range of qualified interested firms in the job. LIST ALL SUPPORTING DOCUMENTATION ATTACHED: RFQ document and associated contract ACTION REQUESTED OF COUNCIL: Continued discussion and review of this issue  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 completed by ….. 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 requested for this Quote, 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 installed or relocated utilities are buried at a sufficient depth to clear the construction. It is anticipated that the consultant’s activities will commence with a signed contract approved by the winning Consultant and approved by the City Council, and will continue until completion of the project. 2. Engineering Eligibility Requirements To be considered for the project, all applicants must provide a pre-qualifying report at least 5 days before the quote opening showing the firm’s history and fitness to perform the duties described in this Request for Quote. 3. Scope of Services and Special Provisions A summary of services required in the project include: Pre-construction Utility Coordination, Monitoring and Field Work Attend 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 Quote 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 submitting a Quote shall include a reference that consultant will provide proof of insurance in the amount of __________ if awarded the contract for the project. 7. Clarifications Any information requested or questions regarding the Project or 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 applicants 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: Proposed Contract ATTACHMENT A  CONTRACT BETWEEN CITY OF COLUMBUS AND CONSULTANT FOR Construction Management Services for the construction of Hall Road, between STH 16 and Columbus/Fall River Road (“the Project”) This Contract, made and entered into by and between the City of Columbus, (hereinafter “City”), and Consultant, (hereinafter “Consultant”). The City deems it advisable to engage the services of Consultant to provide certain services in conjunction with the Project and has authority to contract for these services. The Consultant represents that it will comply with the Wisconsin Statutes, the Wisconsin Administrative Code and all other procedures and processes of Consultant’s profession relating to the practice of engineering and signifies its willingness to provide the services required by City. Therefore, for good and valuable consideration, the receipt of which is hereby acknowledged, City and Consultant agree as set forth on the following pages 1-14 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. CONSULTANT By: _____________________________________________ Date: ___________________________________________ Title: ____________________________________________ CITY OF COLUMBUS ______________________________ ______________________________ Michael Thom, Mayor Megan Meyer, Clerk  CONSTRUCTION MANAGEMENT CONTRACT TABLE OF CONTENTS Article Description Page GENERAL PROVISIONS 1. DEFINITIONS ………………………………………………………………………………………. 1 2. SCOPE OF SERVICES……………………………………………………………………………….1 A. GENERAL …………………………………………………………………………………….…1 B. CONTROL AND AUTHORITY………………………………………………………………... 2 C. AGENCY COORDINATION AND COOPERATION………………………………………….2 D. MEETINGS AND CONFERENCES ……………………………………………………….….. 2 3. PROSECUTION AND PROGRESS ……………………………………………………………….. 3 A. GENERAL …………………………………………………………………….………………... 3 B. DELAYS AND EXTENSIONS ………………………………………………………………… 4 C. TERMINATION OF CONTRACT …………………………………………………………….. 4 D. SUBLETTING OR ASSIGNMENT OF CONTRACT ………………………………………… 5 4. BASIS OF PAYMENT ……………………………………………………………………………… 5 A. GENERAL ……………………………………………………………………………………… 5 B. WORK ORDER, EXTRA WORK, OR DECREASED WORK ……………………………….. 5 5. MISCELLANEOUS PROVISIONS ………………………………………………………………. 6 A. CONSTRUCTION ENGINEERING STANDARDS …………………………………………. 6 B. REVISION OF SPECIFICATIONS AND PLANS …………………………………………… 6 C. OWNERSHIP OF DOCUMENTS……………………………………………………………... 6 D. CONTINGENT FEES ………………………………………………………………………….. 7 E. ACCESS TO RECORDS ………………………………………………………………………. 7 F. LEGAL RELATIONS ………………………………………………………………………….. 7 G. NONDISCRIMINATION IN EMPLOYMENT ……………………………………………..… 7 H. ERRORS AND OMISSIONS ………………………………………………………………..… 8 I. CONFLICT OF INTEREST …………………………………………………………………….8 J. INDEPENDENT CONTRACTOR STATUS ………………………………………………….. 8 6. SPECIAL PROVISIONS …………………………………………………………………………... 9 A. SERVICES TO BE PERFORMED BY THE CONSULTANT ………………………………... 9 B. SERVICES TO BE PROVIDED BY THE CITY …………………………………………….. 11 C. PROSECUTION AND PROGRESS ………………………………………………………….. 11 D. BASIS OF PAYMENT …………………………………………………………………………11 E. INSURANCE ………………………………………………………………………………….. 12 F. DISPUTE RESOLUTION …………………………………………………………………….. 14  GENERAL PROVISIONS 1. DEFINITIONS (1) The term “City” shall mean the City of Columbus and its authorized representatives. (2) The term “Consultant” shall mean the firm, partnership, joint venture, corporation or agency undertaking the performance of the Work designated under the terms of this 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 the 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 term “Project Manager” shall mean the authorized representative of the City as designated by the City Council. The initial Project Manager for the City will be Patrick Vander Sanden, City Administrator, reachable at 920-623-5900. (8) The term “Project Engineer” shall mean an authorized representative 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. The Project Engineer for the Consultant will be_________________ whose Work address is _____________________, and whose telephone number is (9) The term “Work” is as defined in section 5.A of this contract. 2. SCOPE OF SERVICES A. GENERAL (1) The Consultant shall perform to the satisfaction of the City those engineering services necessary or incidental to accomplish the Work, and which are elsewhere herein defined. (2) 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. (3) 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 the Project Manager. (4) The Consultant’s principal contact with the City shall be the Project Manager. (5) 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. 1 (6) 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 Project Engineer will be responsible for, in charge and in direct control of, all engineering services performed by the Consultant under this contract. (2) 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 this contract. The Project Engineer shall provide the City and Consultant with a detailed resume in order to aid the City in its evaluation of the Project Engineer’s qualifications. In the event that the Project Engineer is replaced during the term of the contract, the Consultant shall resubmit for the City’s approval a detailed resume of its proposed replacement Project Engineer. The City reserves the right to terminate this contract in the event that the Consultant cannot provide a Project Engineer that meets the City’s specifications. (3) The Project Engineer shall report to, and be directly accountable to, the Project Manager. (4) The Project Engineer shall give to the Consultant such orders as are necessary to maintain the Consultant’s compliance with the Project. (5) All orders issued by the Project Manager will be transmitted through the Project Engineer to the Consultant. If, in the absence of the Project Engineer, a matter needs prompt attention, the Project Manager will give the necessary orders directly to the Consultant and then notify the Project Engineer as soon as reasonably possible. (6) In the event of a dispute concerning the Project, the Project Engineer shall first confer with the Project Manager and then transmit the agreed course of action to the Consultant. In the event the Project Manager and Project Engineer cannot agree, the Project Manager will promptly contact the City Engineer who will determine the necessary course of action. The determination will then be transmitted to the Consultant through the Project Manager. C. AGENCY COORDINATION AND COOPERATION (1) The City shall be responsible for contact and coordination with all affected local agencies, including other Consultants and Contractors, the general public, utilities, and railroad companies. (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. 2 (4) The Consultant shall conduct the pre-construction conference held between the City, the Consultant, and involved utilities and agencies. (5) The Project Engineer shall schedule weekly meetings between himself, the Consultant, and the City. The meetings shall also include any utilities affected by the Project. 3. PROSECUTION AND PROGRESS A. GENERAL (1) Written authority to proceed with the Work under this contract will be given by the Project Manager to the Consultant. The City will not be liable for payment of any Work performed by the Consultant prior to such written authorization. (2) The Work under this contract shall commence with attendance at a Pre-Construction Conference by the Consultant, the Consultant, and the City. 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 conference and will make the necessary arrangements for the conference. Topics for discussion shall include the scope of the Consultant’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 Consultant, 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. Work 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. (5) Upon completion of the 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 for the Project. (6) Unless the contract has been terminated prior to the completion of the Work, 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. (7) 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, 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 3  agreed upon by the City and the Consultant under separate contract negotiated prior to beginning the Extra Work. (8) A close-out conference shall be held prior to completion of this contract to evaluate the performance of the Consultant. Attendees shall include the Project Manager, the Project Engineer, and such other representatives as may be designated by each party to the contract. The Work will notify the Consultant of the location, date, and time of the conference and will make the necessary arrangements for the conference. The evaluation shall consider the quality of the Consultant’s performance, adequacy of its performance, 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. (9) 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 Work 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 the 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) Upon termination, the City may take over the Work and prosecute the same to completion by agreement with another party. 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. 4 D. SUBLETTING OR ASSIGNMENT OF CONTRACT (1) The Consultant shall not sublet or assign all or any part of the Work under the 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 sub-Consultants, the Work items they will perform, and a resume of their previous relevant experience. 4. 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. 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 shall 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 written agreements for Extra Work. (3) 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. (4) 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, and sub-Consultant’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 Work is completed and final acceptance of the Work. (5) 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. 5 (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 Consultant, the Consultant shall 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 shall 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. 5. 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 B 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. 6 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 it 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 terminate 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 sub-Consultants to the Consultant if any, agree to maintain for inspection by the City 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 City 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 its custody. Consultant shall also provide access for the auditors to inspect all property, equipment, and facilities within its 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 in order to complete the Work required by this Contract. (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. 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 sub-Consultants 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, 7  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 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. Termination or suspension of the contract in whole or in part. (3) The Consultant shall 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 sub-Consultant 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 Consultant. (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 the City shall have any financial interest, either direct or indirect, in the proposal or contract. No official or employee of the City shall exercise any undue influence in the awarding of the contract. J. INDEPENDENT CONTRACTOR 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. 8 6. SPECIAL PROVISIONS A. SERVICES TO BE PERFORMED BY THE CONSULTANT (The “Work”) The Consultant agrees to perform the following services which shall be referred to as Work in this contract: (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. City 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. 9 (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 Engineer’s 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, for the following 10  items. This information will be used to update City’s GIS system databases. The information shall be provided in digital format and be compatible with the City’s existing GIS databases. The items are as follows: a. All storm sewer systems, including: structures, pipes and outfalls, b. All cross culverts (type, size, and length) c. All other utility systems as installed, constructed and completed as part of the Project (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. C. 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 Contractor’s work under the actual construction contract will start on __________________. (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. D. 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 Project shall be actual cost not to exceed $________________ b. Direct Expenses shall not exceed $________________ 11  c. The total contract amount for Project shall not exceed $________________ Compensation in excess of this total contract amount will not be allowed unless justified and authorized by contract change order or agreements for Extra Work. d. Only in the instance of a significant change in the 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 the 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. E. INSURANCE (1) Consultant agrees to indemnify, hold harmless and defend the City, 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 unnecessary delay to the Project, 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 12  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 sub-Consultants. (2) 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 City. Such insurance shall be primary, and shall name the City as an additional insured. Upon execution of this contract, the Consultant shall furnish the City with Certificates of Insurance and upon request, certified copies of the required insurance policies. The Certificates shall reference this contract and additional insured status if required. The 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- Worker's compensation benefits and employers' liability insurance with a limit of liability not less than $1,000,000 each accident, $1,000,000.00 disease (each employee) and $1,000,000.00 disease (policy limit). The Consultant shall require sub-Consultants 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) $1,000,000.00 each occurrence, (2) $100,000.00 damage to rented premises, (3) $1,000,000.00 personal injury, (4) $5,000.00 medical expense (any one person), (5) $3,000,000.00 general aggregate and (6) $3,000,000.00 products/completed operations aggregate. (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 $1,000,000.00 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 $1,000,000.00 each occurrence. (7) Deductibles and Self-Insured Retentions- Any deductibles or self-insured retentions (SIRs) must be declared to and approved by the City. At the option of the City, 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 Consultant 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. 13 F. DISPUTE RESOLUTION (1) All claims, disputes, and other matters or questions arising out of or related to this contract or breach thereof shall be decided in a court of competent jurisdiction located in Columbia County, Wisconsin. In the event it is already determined that the terms or conditions of this contract have been violated or breached, in addition to any other rights or remedies to which the non-defaulting party in litigation may be entitled, the defaulting party in litigation shall be obligated to pay all of the non-defaulting party’s costs and expenses associated with enforcement of this Contract whether incurred prior to or after the commencement of any lawsuit, including reasonable attorney fees. F:\DOCS\WD\53481\47\A3114838.DOCX 14  2018 AGENDA ITEM Committee of the Whole Meeting date: __May 22, 2018______ Council Meeting date: _____TBD ______ ITEM: _ Telecom Fitness DETAILED DESCRIPTION OF SUBJECT MATTER: This item appears on your COW agenda for your awareness of an effort that City staff has undertaken to find savings our telephone and cellular expenses at the City. Telecom Fitness is a company from Southeast Wisconsin that specializes in doing research and analysis within companies (primarily government) to find redundancies and cost savings related unneeded service costs and found efficiencies. They do a comprehensive review of phone lines and other systematic issues and determine whether the City is being overcharged. Telecom Fitness does not get paid for any of the work unless they do find savings. Their fee comes from an agreement that states they are paid 50% of any savings they find in the first year. In savings found in any future years, the City would keep 100%. There are a number of firms that come to the City with processes and plans to help find cost savings in a number of ways – sometimes it feels like the telemarketers or salespeople that flood your personal inboxes or voicemails. The plans that Telecom Fitness may seem a little too good to be true, but I investigated their procedures after they initially contacted the City because they stated they had found savings in Wisconsin communities nearby and gave references. Among those references was a colleague in local government management that I have known for some time and respect from the Village of Jackson, Wisconsin. The Village Administrator did report that Telecom Fitness helped them find savings and that is was a good move for them. To move forward to allow Telecom Fitness to work with Columbus does not commit the City to any expense at all. While they require the City to sign an agreement that lays out the needs from each party, there appears to be little risk. Either way, before proceeding with them I wanted to bring the matter forward to you at the Committee of the Whole for any questions or concerns. LIST ALL SUPPORTING DOCUMENTATION ATTACHED: Agreement and summary of Telecom review process ACTION REQUESTED OF COUNCIL: Discuss and consider working with Telecom Fitness on a telecommunications review Hello Patrick, Telecom Fitness proposes to conduct a completely Risk-Free Telecom Fitness Review™ (TFR) that will document, audit, and analyze all of your voice and data communications lines, circuits, and carrier services. This will include all of the current costs, contracts, agreements, rates, and programs that are currently in place. The goal of this engagement will be to save you REAL MONEY right now, and to ensure that you will continue to save this money each and every month going forward. Telecom Fitness, Inc. will also help your staff gain a better understanding of your voice and data communications environment and the associated costs. There are no upfront costs or fees and you won’t pay us anything until you agree with the savings that we have uncovered for you. Telecom Fitness will provide all of the necessary services for this effort on a Contingency Fee basis. If we find any savings, then we split the first year’s savings. If we obtain any credits or refunds for you, we split those 50/50 as well. If we fail to find any savings, credits, or refunds then you pay us nothing! We will then absorb all of our own costs and move on to the next opportunity. The specific terms and conditions are detailed in the attached Telecom Fitness Review™ Agreement. Specifically, Telecom Fitness, Inc. will provide the following services at no risk to you: • Review your current local and long distance voice calling services and the related usage • Document any unnecessary or unused products or services that should be removed • Review your data communications agreements (i.e., Frame, Internet, T-1, etc.) • Identify savings opportunities with both your current carrier and by switching to other carriers • Negotiate better rates, discounts, terms, contract language, and savings plans on your behalf • Document current and historical incorrect charges, billing errors, or other errors on your bills • Work to recover any credits and refunds of money due to you for past mistakes or errors • Present a detailed report with recommendations for the most beneficial changes for your business • Facilitate and oversee the implementation of our recommendations once we have your approval • Conduct this engagement with minimal impact to your organization and employees You will need to provide Telecom Fitness, Inc. with the following: • A copy of all current voice and data communications contracts and/or agreements • Three months of your bills or invoices from each vendor that represent your average usage • A signed Letter of Authorization (LOA) on your letterhead authorizing Telecom Fitness to act as an agent for your communications services. We look forward to working with you to reduce your communications costs and improve your bottom line. Sincerely, Brian K. Erlichman President and Chief Telecom Geek Direct Line: 262-240-9605 11345 N. Port Washington Road, Suite 200, Mequon, Wisconsin 53092 (262) 240-0040 Main (262) 240-0761 Fax www.telecomfit.com  TFR AGREEMENT Terms: This Agreement is by and between City of Columbus (hereinafter referred to as “Client”) and Telecom Fitness, Inc. (hereinafter referred to as “Telecom Fitness”). Telecom Fitness will perform a Telecom Fitness Review (hereinafter referred to as “TFR”), which is an analysis of the client’s voice & data communications costs for the purpose of finding and obtaining savings and/or credits & refunds on behalf of Client. Telecom Fitness will only obtain savings with the approval of Client. Telecom Fitness will oversee the process of obtaining any and all approved savings and/or credits on behalf of Client, but will not sign or approve any contract or agreement, or knowingly create any obligation or commitment for Client. The TFR may be divided into separate sections or sub-sections, each called a “Phase”. Each Phase will have its own individual TFR Analysis Report that will show the total of all credits and/or refunds obtained in that Phase, or the amount of the “First Year Savings” for that Phase, plus the applicable fees owed to Telecom Fitness for that Phase. First Year Savings for any Phase will be determined by subtracting the annualized total of the newly implemented costs from the annualized total of the previously existing costs. In the event that a particular Phase requires a purchase of equipment and/or other services to obtain savings, and if the Client chooses to make such a purchase, then one-fifth of only the required purchase cost will be factored into the TFR Analysis Report for that Phase and thereby lower the First Year Savings accordingly. If after five (5) business days of presentation of a TFR Analysis Report, the Client does not object to the results on that TFR Analysis Report, an invoice for the appropriate fees for that Phase will be sent to the Client. Client hereby agrees to abide by the payment terms of Net Due Upon Receipt and will immediately pay the total amount of each invoice to Telecom Fitness upon receipt. As compensation for the services performed, Client agrees to pay Telecom Fitness a fee equal to 50% of the First Year Savings amount, plus 50% of any refunds or credits received for any overcharges, errors, incorrect fees, rates, etc. NO RISK GUARANTEE: If no savings are achieved, or if no refunds or credits are obtained, then Telecom Fitness will not invoice Client for any services related to this Telecom Fitness Review. Client may decline the First Year Savings in any Phase (hereinafter called the “Rejected Phase”) and thereby not pay the applicable fees for the Rejected Phase, provided that the solutions, products, actions, or changes documented in the TFR Analysis Report for the Rejected Phase, whether exact or similar in kind, are not implemented within one year from the date of the TFR Analysis Report of that Rejected Phase. Furthermore, Client agrees to pay all applicable fees for any Rejected Phase if any solutions, actions, or changes similar to those provided in the TFR Analysis Report for the Rejected Phase are made within one year of the date of the TFR Analysis Report for the Rejected Phase. Client agrees to hold Telecom Fitness, its officers, its employees, and its contractors harmless against all claims, liabilities and costs, including attorney fees, or defending any third party claim or suit with respect to the services specified herein. In no event will Telecom Fitness, Inc. be liable for any direct, indirect, special, incidental, or consequential damages arising out of the use of or the inability to use the services or solutions recommended, implemented, provided, or provisioned by Telecom Fitness. If advised of the possibility of any such damages or negative impact, Telecom Fitness, Inc. will make reasonable efforts to disclose this information so that Client may use this information when making decisions regarding any recommendations or proposed changes. In any event, the limitation of the liability of Telecom Fitness, Inc. shall not exceed the total amount paid to Telecom Fitness, Inc. by Client. This agreement and the services provided by Telecom Fitness, Inc. are governed under the laws of the State of Wisconsin. Any actions brought against Telecom Fitness, Inc. or which are related to this Agreement must be done so in the Court System of Ozaukee County, located in Port Washington, Wisconsin. Authorized representatives of both parties must sign this document below before this Agreement will take effect. Accepted by City of Columbus : Accepted by Telecom Fitness, Inc. : (printed legal name of the business entity) Signed: ___________________________________ Signed: __________________________________ Name: _Patrick Vander Sanden_______________ Name: __________________________________ Title: _City Administrator___________________ Title: __________________________________ Date: ___________________________________ Date: __________________________________ 11345 N. Port Washington Road, Suite 200, Mequon, Wisconsin 53092 (262) 240-0040 Main (262) 240-0761 Fax www.telecomfit.com  2018 AGENDA ITEM Committee of the Whole Meeting date: __May 22, 2018 ______ Council Meeting date: _____ TBD ______ ITEM: _ Police & Fire Commission – Chief Recruitment Process DETAILED DESCRIPTION OF SUBJECT MATTER: This week, the Chairperson of the Columbus Police & Fire Commission (PFC) informed me that the commission discussed the process needed to search for and ultimately hire the next Chief of Police. Chairperson Larry Olson told me that after discussion at their meeting last Monday, the PFC prefers to utilize a recruitment firm to conduct the search. Given that the City does not provide a budget specifically to the PFC, the City Council will need to grant the funding for this process. At this time, we do not know what the cost of the recruitment will be needed. In reviewing the situation with Finance Director Kim Manley, there are a couple of options we can consider for this situation. Option #1: The contingency fund currently has $16,750, but $6500 of that is currently earmarked for the hotel feasibility study, approved by the Council earlier this year. However, you may recall that if the feasibility study results in the development of a Cobblestone Hotel that these costs will be paid for by Cobblestone Hotels. However, accounting for those costs bring the fund’s balance to $10,250. Option #2: We can apply the costs to the Police Dept budget line related to contracted services. That line currently has $735 in it, but a later budget amendment to account for this unexpected cost could be applied to address the issue. Remember, a budget is a guideline and a planning document for what resources will be needed in a given year. An unexpected occurrence causing an item to go over budget, yet fully explained can help “tell the tale” of that budget year so to speak. At this time, the item is before you in anticipation of this need. As mentioned above, the costs for the Chief recruitment is unknown at this time, but I felt that the issue needed to be brought to your attention. I can see bringing the issue back at a future COW when more information is known. LIST ALL SUPPORTING DOCUMENTATION ATTACHED: None. ACTION REQUESTED OF COUNCIL: Recognition of need to assist PFC with recruitment of the next Chief of Police.