Public Works, Sewer and Water

CITY OF VERONA PUBLIC WORKS/SEWER & WATER COMMITTEE MONDAY, APRIL 24, 2017 – 5:00 P.M. VERONA CITY CENTER AGENDA 1. Call to order. 2. Roll call. 3. Approval of the minutes of the April 10, 2017 meeting of the Public Works/Sewer and Water Committee. 4. Discussion and possible action regarding change order no. 1 for project 2015-104, Downtown Streetscape Stage 2 / 3. 5. Discussion and possible action amendment no. 1 for real estate acquisition professional services with Hick’s Company for project 2016-123 CTH PD, Woods Road to CTH M. 6. Discussion and possible action regarding resolution for acquisition of property related to CTH M and CTH M Project under Transportation Project Plat 5992-09-81. 7. Discussion and possible action regarding agreement for purchase and sale of real estate for land at Parcel 13 of Transportation Project Plat 5992-09-81. 8. Discussion and possible action regarding agreement for purchase and sale of real estate for land at Parcel 11 of Transportation Project Plat 5992-09-81. 9. Discussion and possible action regarding Jurisdictional Offer and Award of Damages for Parcel 11 of Transportation Project Plat 5992-09-81. The Public Works/Sewer and Water Committee may convene in a closed session, as authorized by Wisconsin Statute 19.85(1)(e), for the purpose of deliberating or negotiating the purchase of public properties, the investing of public funds or conducting other specified public business, whenever competitive or bargaining reasons deem a closed session necessary. The Public Works/Sewer and Water Committee may reconvene in an open session to discuss and take action on the subject matter discussed in the closed session. 10. Discussion and possible action regarding Developers agreement for 116 Paoli Street. The Public Works/Sewer and Water Committee may convene in a closed session, as authorized by Wisconsin Statute 19.85(1)(e), for the purpose of deliberating or negotiating the purchase of public properties, the investing of public funds or conducting other specified public business, whenever competitive or bargaining reasons deem a closed session necessary. The Public Works/Sewer and  Water Committee may reconvene in an open session to discuss and take action on the subject matter discussed in the closed session. 11. Adjourn. Evan Touchett Chairperson POSTED: Verona City Hall, Verona Public Library, Miller’s Market ALL AGENDAS ARE POSTED ON THE CITY’S WEBSITE AT www.ci.verona.wi.us IF YOU NEED AN INTERPRETER, MATERIALS IN ALTERNATIVE FORMATS, OR OTHER ACCOMMODATION TO ACCESS THE MEETINGS, PLEASE CONTACT THE CITY CLERK AT 845-6495 AT LEAST 48 HOURS PRECEDING THE MEETING. EVERY REASONABLE EFFORT WILL BE MADE TO ACCOMMODATE YOUR REQUEST.  CITY OF VERONA MINUTES PUBLIC WORKS/SEWER & WATER COMMITTEE MONDAY, APRIL 10, 2017 1. The meeting was called to order by Mr. Touchett at 5:00pm. 2. Roll Call: Present: Evan Touchett, Mac McGilvray, Luke Diaz. Also present: Theran Jacobson, Director of Public Works; Jeff Mikorski, City Administrator; Jeff Montpas, AECOM. 3. MOVED by Diaz, seconded by McGilvray, to approve the minutes of the March 13, 2017 meeting of the Public Works/Sewer and Water Committee. Motion carried 3-0. 4. MOVED by McGilvray, seconded by Diaz, to recommend awarding of contract for Project ID 2174-106, 2017 Pavement Surface Treatment to Scott Construction, Inc. for an amount not to exceed $203,495.00. Motion carried 3-0. 5. MOVED by McGilvray, seconded by Diaz, to recommend approval of professional services contract with AECOM for Project 2017-116, Well 6 siting and Public Service Commission Application for an amount not to exceed $24,225.00. Motion carried 3-0. 6. MOVED by McGilvray, seconded by Diaz, to recommend awarding of the professional services contract with AECOM for Project 2017-116, Traffic Impact Analysis for Liberty Business Park and Technology Park, contingent upon verifying intersections that are warranted per the Developer’s Agreement, for an amount not to exceed $52,000.00. Motion carried 3-0. 7. MOVED by Diaz, seconded by McGilvray, to recommend awarding professional services contract for construction management and public relations to D’Onofrio, Kottke and Associates, Inc. for Project 2015-104, Downtown Streetscape Stages II/III for an amount not to exceed $54,600.00. Motion carried 3-0. 8. MOVED by Touchett, seconded by Diaz, to recommend close-out of Project 2016-105 Downtown Streets Re-construction Project with final payment to JI Construction in the amount of $30,746.39. Motion carried 3-0. 9. MOVED by Touchett, seconded by Diaz, to recommend approval of change order no. 2 for Project 2016-101, 2016 Street Rehabilitation Project, in the amount of a reduction of #31,088.84, and approval of project close-out with final payment in the amount of $22,457.80 to Raymond P. Cattell, Inc. Motion carried 3-0. 10. No action regarding the 2015-2016 Stormwater Biennial Report. 11. MOVED by McGilvray, seconded by Diaz, to recommend approval of Developer’s Agreement for Cathedral Point Phase 7. Motion carried 3-0. 12. MOVED by McGilvray, seconded by Diaz, to recommend approval of Developer’s Agreement for Kettle Moraine Trail Extension. Motion carried 3-0. 13. MOVED by Diaz, seconded by McGilvray, to adjourn at 5:34pm. Motion carried 3-0. Evan Touchett, Chairperson CHANGE ORDER NO. 1 Owner City of Verona Date April 14, 2017 Project Downtown Streetscape – Stages 2 & 3 Owner’s Contract No. 2015-104 Contractor Parisi Construction Company, Inc. Date of Contract Start April 3, 2017 Original Contract Amount: $ 1,823,551.15 You are directed to make the following changes in the Contract Documents: 1. Add line item 1200 – Hot Mix Asphalt - Driveway Pavement – (1) 3” Lift - 5 LT HMA – 40 ton - $168.30 / ton ADD $6,732.00 2. Add line Item 1201 – Isolation and construction joints in concrete paver base – 11,000 SF - $3.64 / sf ADD $40,040.00 Reason for Change Order: 1. Additional mobilization required to pave driveways with separate asphalt mix 2. Additional jointing requested by City of Verona to help prevent paver terrace failure CONTRACT PRICE CONTRACT TIMES (Calendar Days) To substantial To final completion completion Original: $ 1,823,551.15 Original Completion Date: Aug 18th, 2017 Sep 29th, 2017 Previous C.O.s (ADD/DEDUCT): $ 0.00 Previous C.O. (ADD/DEDUCT): 0 0 This C.O. (ADD/DEDUCT): $ 46,772.00 This C.O. (ADD/DEDUCT): 0 0 Contract Price with all REVISED: approved Change Orders: $ 1,870,323.15 Revised Completion Date: Aug 18th, 2017 Sep 29th, 2017 It is agreed by the Contractor that this Change Order includes any and all costs associated with or resulting from the change(s) ordered herein, including all impact, delays, and acceleration costs. Other than the dollar amount and time allowance listed above, there shall be no further time or dollar compensation as a result of this Change Order. THIS DOCUMENT SHALL BECOME AN AMENDMENT TO THE CONTRACT AND ALL STIPULATIONS AND COVENANTS OF THE CONTRACT SHALL APPLY HERETO. RECOMMENDED: By: ENGINEER (Authorized Signature) Date ACCEPTED: By: OWNER (Authorized Signature) Date ACCEPTED: By: CONTRACTOR (Authorized Signature) Date D’Onofrio Kottke and Associates, Inc _2015-104_ _ _1____ Owner Change Contract Order Number Number Project Forms 00 61 26 - 14 Downtown Streetscape – Stages 2 & 3  PARISI CONSTRUCTION CO. INC 508 South Nine Mound Road Verona, WI 53593 Phone: 608-848-5991 FAX 608-848-5992 Extra Work Request Attention: Matt Saltzberry Date: April 14, 2017 Company: DKA Project Name: Verona Street Scapes 2&3 Project #: 17-3-007 Location: Verona Description: Price to pave driveways with 5 LT mix Add Reflex expansion to paver base Extra Work Summary: Costs asscoiated with 1) Changing asphalt driveway mix to an LT mix and, 2) adding Reflex rubber expansion joint to both sides of the paver concrete base along with a inserted construction joint at approximate 20 ft intervals. Item Unit No. Description Quantity Unit Price Extension 0.00 Pave asphalt drives with 5 LT mix Ton $ 168.30 0.00 0.00 Add expansion joint to paver base 11000.00 SF $ 3.64 40,040.00 0.00 0.00 0.00 0.00 0.00 0.00 Total Price: $ 40,040.00 Notes: • ACCEPTED: CONFIRMED: The above prices, specifications and conditions are satisfactory Parisi Construction Co. Inc. and are hereby accepted. Buyer: Authorized: Signature: Signature: Date: Date: PARISI CONSTRUCTION IS AN EQUAL OPPORTUNITY EMPLOYER 4/14/2017 10:09 AM UTILITIES ● STREET AND ROAD CONSTRUCTION ● SITEWORK ● CONCRETE WORK  HICKS Real Estate Appraisal Services 102 West Main St reet PO Box 46 Belleville, WI 53508 COMPANY INC Amendment #1 Proposal March 30, 2017 Theran Jacobson, P.E. Director of Public Works City of Verona 410 Investment Court Verona, Wisconsin 53593 Subject: 2016-123_CTH PD (Woods to CTH M), Verona Proposed Amendment #1 for review Mr. Jacobson, After our meeting of March 29, 2017 and review of the most recent preliminary information on the CTH PD project, I am submitting the following amendment to my original proposal. As of the date of this amendment, the project plat is not finalized and this amendment may change. This is for your review only and based on our review of the material at our last meeting. Compensation The work described in the scope of services for the original preliminary project was a lump sum unit price of $26,550. A $5,310 retainer (20% of total bid for project initiation and file development) has already been received from the City of Verona by Hicks Company Inc. The amended total price of contract is $37,750 indicating an increase of $11,200 for Amendment #1. The scope of work and basic contract language in the original contract would remain the same. The new balance of contract, as of the date of this submittal, if this amendment is approved as written would be $32,440 ($26,550 original contract - $5,310 retainer (received) = $21,240 + Amendment #1 of $11,200 = $32,440). Please see the separate attachment in my email with amendment work tables, descriptions and estimates. Please do not hesitate to call me with questions regarding this preliminary amendment. I would like to wait until we actually have the final preliminary plat, plan and profile before submitting this amendment to the City council for approval. Sincerely, Gregory P. Hicks Wisconsin CGA # 1006 President, Hicks Company, Inc. Tel: 608-424-9877 Email: greg@hicks-company.com www.hicks-company.com Original Parcel # Owner Name Price Appraisal Format 1 Stuesser Trust $2,500 Before and After 2 Nardi $3,125 Before and After 3 Denner $3,850 Before and After 4 Integra Investments $3,850 Before and After 5 Owner; Windswept Way $3,125 Before and After 6 Justo Living Trust $3,850 Before and After 7 Dreger Rev Trust $3,125 Before and After 8 Gerald & Linda Endres $3,125 Before and After Total $26,550 Amendment #1 Parcel # Owner Name Price Appraisal Format 1 Stuesser Trust $2,500 Before and After 2 Nardi $4,500 Before and After 3 Denner $3,850 Before and After Integra Investments (unknown if more than one Before and After 4 $7,700 (2 parcels) parcel on plat; two homes taken) 5 Owner; Windswept Way $3,850 Before and After 6 Justo Living Trust $3,850 Before and After 7 Dreger Rev Trust $4,500 Before and After 8 Gerald & Linda Endres $4,500 Before and After 9 Witt Survivor’s Trust $2,500 Before and After Total $37,750 Amended - $37,750 Original- $26,550 Price Amendment #1 $11,200 Tel: 608-424-9877 Email: greg@hicks-company.com www.hicks-company.com  CITY OF VERONA RESOLUTION NO. ____ ACQUISTION OF PROPERTY RELATED TO COUNTY HIGHWAY M AND COUNTY HIGHWAY PD PROJECT Recitals A. On January 9, 2017, the Common Council approved Resolution No. R-17-007 (the “Highway Project Resolution”), which Highway Project Resolution constituted a Relocation Order pursuant to Wis. Stat. §§ 32.05(1) and 62.22 for the public improvement project described in the Highway Project Resolution, and also constituted a determination of necessity for the project pursuant to Wis. Stat. § 32.07(2). B. In the Highway Project Resolution, the City of Verona declared that it is necessary and a public purpose to lay out, relocate, and improve County Highway M and County Highway PD as shown on and described in the transportation project plat attached and incorporated into the Highway Project Resolution (the “Highway Project”). C. The Highway Project is part of a larger road reconstruction project for which the City of Verona, the City of Madison, and Dane County are sharing costs. In addition, certain federal funding will be used for the road reconstruction project, including the Highway Project. D. In the Highway Project Resolution, the Common Council authorized the City Administrator, City Attorney, City Public Works Director and such others as designated by the City Administrator to pursue acquisition of property interests for the Highway Project by condemnation in accordance with Chapter 32 of the Wisconsin Statutes, if necessary, and to take all action that is necessary or required under state or federal law to acquire the property interests. E. Attached to this Resolution as Exhibit A are transportation project plat sheets for the Highway Project. Among other information, Exhibit A refers to the following parcels which contain property interests that the City must acquire for the Highway Project: Parcels 1, 3, 4, 5, 8, 9, 10, 11, 13, 14, 15, 16, and 17 (the “Parcels”). F. By this Resolution, the City Public Works Director seeks authorization from the Common Council to acquire the necessary property interests for the Highway Project from each of the individual Parcels by (a) acquisition of the property 1  interests by conveyance for the amount identified in the appraisal (or a lesser amount) for each Parcel, or (b) acquisition of the property interests by issuing a jurisdictional offer and award of damages for the amount identified in the appraisal (or a lesser amount) for each Parcel. Resolution NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Verona, Dane County, Wisconsin, do resolve as follows: 1. Pursuant to Wis. Stat. § 32.05, including, but not limited to, subsections (2a), (3), (6), and (7), the Common Council hereby authorizes the City Public Works Director to acquire the necessary property interests for the Highway Project from each of the individual Parcels by (a) acquisition of the property interests by conveyance for the amount identified in the appraisal (or a lesser amount) for each Parcel, or (b) acquisition of the property interests by issuing a jurisdictional offer and award of damages for the amount identified in the appraisal (or a lesser amount) for each Parcel. 2. The authorization included in Paragraph 1 includes authorizing all necessary closing and acquisition costs related to a conveyance (for example, recording fees). In addition, the authorization included in Paragraph 1 should be interpreted to allow the City Public Works Director, or his designee, to take all action that is necessary or required under Wis. Stat. § 32.05 or other state or federal law to acquire the property interests from each Parcel for the Highway Project for the amount identified in the appraisal (or a lesser amount) for each Parcel. 3. The representations and recitations set forth in Recitals are material to this Resolution and are hereby incorporated into and made a part of this Resolution as though they were fully set forth in this paragraph. The above and foregoing Amended Relocation Order was adopted at a meeting of the City of Verona Common Council on April 24, 2017. By: _____________________________ Jon Hochkammer, Mayor ATTEST: By: _____________________________ Ellen Clark, City Clerk 2  EXHIBIT A TRANSPORTATION PROJECT PLAT 3 AGREEMENT FOR PURCHASE AND SALE OF REAL ESTATE lpa1895 08/2011 (Replaces DT1895) THIS AGREEMENT, made and entered into by and between Thomas J. Schmitt as Trustee of Schmitt Family Trust U/A Dated March 12, 2015, hereinafter called SELLER, and the City of Verona, hereinafter called BUYER. If accepted, this offer can create a legally enforceable contract. Both parties should read this document carefully and understand it before signing. SELLER and BUYER agree that BUYER is purchasing this property for transportation purposes within the meaning of Wis. Stats. SELLER warrants and represents to BUYER that SELLER has no notice or knowledge of any: 1) Planned or commenced public improvements which may result in special assessments to otherwise materially affect the property other than the planned transportation facility for which the BUYER is purchasing this property; 2) Government agency or court order requiring repair, alteration, or correction of any existing condition; 3) Shore land or special land use regulations affecting the property; 4) Underground storage tanks and the presence of any dangerous or toxic materials or conditions affecting the property. DESCRIPTION: The SELLER agrees to sell and the BUYER agrees to buy, upon the terms and conditions hereinafter named, the following described real estate situated in Dane County, Wisconsin: See Attached The purchase price of said real estate shall be the sum of One Hundred Sixty Thousand Two Hundred and No/100, ($160,200.00) payable as follows: Cash at closing General taxes shall be prorated at the time of closing based on the net general taxes for the current year, if known, otherwise on the net general taxes for the preceding year. SELLER shall, upon payment of purchase price, convey the property by trustee deed or other conveyance, free and clear of all liens and encumbrances, including special assessments, except recorded public utility easements and recorded restrictions on use running with the land or created by lawfully enacted zoning ordinances, and None Legal possession of premises shall be delivered to BUYER on date of closing. Occupancy of property shall be given to BUYER on closing, SELLER may not occupy property after closing, unless a separate lease agreement is entered into between BUYER and SELLER. SPECIAL CONDITIONS: Closing to be on or before May 15, 2017. This agreement is binding upon acceptance by BUYER as evidenced by the signature of an authorized representative of the City of Verona If this agreement is not accepted by BUYER within 30 days after SELLER's signature, this agreement shall be null and void. SELLER and BUYER agree to act in good faith and use diligence in completing the terms of this agreement. This agreement binds and inures to the benefit of the parties to this agreement and their successors in interest, personal representatives, heirs, executors, trustees and administrators. Project ID: 5992-09-81 Parcel No.: 13 Page 1 of 2 The warranties and representations made herein survive the closing of this transaction. SELLER agrees to sell and convey the above-mentioned property on the terms and conditions as set forth and acknowledges receipt of a copy of this agreement. Witness Signature Seller Signature Date Thomas J. Schmitt, Trustee Print Name Print Name Date Seller Signature Date Print Name The above agreement is accepted. Date Signature Print Name Title Note: Must be signed by administrator or an authorized representative. Project ID: 5992-09-81 Parcel No.: 13 Page 2 of 2  DEVELOPMENT AGREEMENT 116 PAOLI STREET WATER MAIN IMPROVEMENTS This Development Agreement – 116 Paoli Street Water Main Improvements (the “Agreement”) is made this ____ day of _____________, 2017, by and between Daniel and Therese Strome (the “Owners”), and the City of Verona, a Wisconsin municipal corporation (the “City”). RECITALS THIS SPACE RESERVED FOR RECORDING DATA A. The Owners own the property located at 116 RETURN TO: City of Verona Paoli Street, Verona, Wisconsin (the Attn: City Clerk “Property”). The Property is more 111 Lincoln Street particularly described in Exhibit A attached Verona, WI 53593 hereto. P.I.N. 286/0608-222-0296-2 B. The City previously owned the Property un til November 21, 2002. A 35-foot utility easement exists on the property where a City installed water main is active. When the city owned the Property, the City installed a water main under and through the Property in 1998. C. The Owners wish to remove the water main from the Property to allow the Owners to construct single-family residence on the Property. D. The City is willing to allow the existing water main on the Property to be abandoned and relocated in exchange for certain guarantees and obligations by the Owners in this Agreement, and has determined that this Agreement is in the public interest. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Owners and the City agree as follows: 1. Improvements. a. At their own expense, the Owners shall: (1) Remove the existing water main from the Property, right of way in Paoli Street, and on City of Verona Parcel number 286/0608-222-0289-2. More specifically as indicated in Exhibit B. (2) Construct and install a new water main within and under the parking lot of the City of Verona Senior Center, which center is located adjacent to the 1  Property. Any street restoration (crushed aggregate base course and pavement) shall include the pavement (asphalt or concrete) section of Paoli Street, concrete approach and the sidewalk across the senior center driveway. (3) Construct and install a sewer service lateral and water service lateral, extending from the existing sanitary sewer main and water main on Paoli Street to the Property. Any future structure constructed on the Property shall be served by the sewer lateral and water lateral identified in this subsection. (4) Provide, install, maintain, and remove traffic control as approved by Director of Public Works or his designee. Traffic control shall follow regulations governed by the Manual of Uniform Traffic Control Devices and Wisconsin Department of Transportation, current edition. (5) Apply and pay for any local, state, federal permits required for the project. (6) Prepare a certified survey map to modify the existing utility easement. Any other utilities present in the easement shall be notified by Owner and sign off on the easement modification. (7) Coordinate with all private utilities to verify any utility re-location orders with but not limited to the following utility companies; Wisconsin Power & Light, Madison Gas and Electric, TDS telecom. The work identified in subsections (1), (2), and (3) above shall be referred to as the “Improvements.” All Improvements shall be pursuant to professional engineering sealed plans prepared for the Owners by Burse Surveying and Engineering and approved by the City. b. The Improvements shall not be constructed hereunder unless the letter of credit required by this Agreement has been presented to and accepted by the City. The Owners obligation will be independent of any obligations of the City contained herein. All of the Improvements shall meet the minimum requirements of the City of Verona Code of Ordinances (the “City Code”). c. The Owners agree to engage contractors for all construction included in this Agreement who shall perform such work to the standards of the City and who shall comply with every requirement of the City Code and standards in performing such work. The Owners shall furnish the City Public Works Director (hereinafter, the “Director” or the “City Engineer”) with the names of all contractors and their subcontractors and with the classification of the work that they will perform, and each must be approved by the City. 2  d. It is contemplated that construction of the Improvements shall commence on or about April, 2017 and shall be substantially completed on or about September 29, 2017. However, both parties agree that the Improvements shall start at or about the same time that the City is making improvements to the Senior Center parking lot. A starting date will not be approved until final plans and specifications for the Improvements have been approved by the City Engineer, stamped “Approved for Construction,” and signed by the Owner’s Engineer and the City Engineer. Two copies of the approved, signed and stamped plans and specifications shall be provided to the City Engineer, and one copy shall be provided to each contractor. Only stamped and signed copies of the plans and specifications shall be used on the job site. A starting date will not be approved until the letter of credit required by this Agreement has been presented to and accepted by the City. e. The Improvements shall be designed, constructed, and installed by the Owners at the Owner’s sole expense. The City shall not be responsible for any costs or charges relating to the Improvements or this Agreement. 2. Owners to Reimburse City Costs and Pay Other Fees. a. The Owners shall pay to the City, within thirty (30) days of billing, the City’s fees associated with this Agreement and/or the Improvements, including, but not limited to, administrative fees, engineering fees, attorney’s fees, construction inspection fees, and soils testing fees. Interest of one and one-half percent (1½%) per month shall be charged on invoices not paid within thirty days of billing. The City shall provide detailed invoices of the City’s costs to the Owners no less frequently than monthly. Estimate fees are $10,200. b. The Owners agree to pay applicable Madison Metropolitan Sewerage District (MMSD) Interceptor Connection Charges (ICC) and Wastewater Treatment Plant Connection Charges (TPCC). The ICC and TPCC are based on developable acreage. The City estimates the fees to be $202.63. c. The Owners agree to pay the City of Verona Water Connection Fee and Sanitary Sewer Connection Fee. The City of Verona Water Connection Fee and Sewer Connection Fee are based on gross acreage of land. The Letter of Credit shall not be reduced until after the City of Verona connection charges have been paid in full. The City estimates the Water Connection Fee to be $204.18 and the Sanitary Sewer Connection Fee to be $349.37. d. The City has waived park land dedication fees due to this development classified as an infill development. 3. Acceptance and Guarantee of Improvements. a. Inspection. 3  (1) After the required Improvements have been made, installed and completed, the Owners shall notify the City Engineer, in writing, that the work is complete and ready for final inspection. All Improvements shall be inspected and tested within sixty (60) days of the Owners notice by the City Engineer or a consultant retained by him to assure compliance with all construction and improvement requirements of the City. The Owners agree to provide for the maintenance and repair of all Improvements until the Improvements are accepted by the City. Before any sureties or other financial guarantees are released to the Owners, the City Engineer shall approve the satisfactory completion and acceptance of the Improvements. The Owners shall obtain an original lien waiver(s) from the Contractor(s) for the labor and materials for which payment is requested upon delivery of the payment to the Contractor(s), and the Owners shall provide the City with a copy of such original lien waiver(s). Prior to City acceptance of Improvements, the Owners shall provide the City with the lien waivers and such information on the cost of the Improvements as the City may require. (2) Prior to the City Engineer’s inspection and approval of sanitary sewers, the Owners shall have performed, and at its cost, a television inspection of those utilities. The Owners shall pay the actual cost of such inspection as required by the City Code. In addition, the water system installation shall not be accepted until a bacteriologically safe sample is obtained by a certified agency testing. The Owners shall be responsible to flush the main, obtain the samples, and have all tests completed as may be required for the City’s acceptance. Upon completion of the mains, hydrants, valves, appurtenances, and service laterals and certification of approval by the City Engineer, ownership and control of the system shall be turned over without any restrictions to the City Water Utility. b. Record Drawings and Cost of Improvements. (1) After completion of all Improvements and prior to final acceptance of the Improvements, the Owners shall prepare and have approved by the City three (3) copies of a complete plan of the Improvements as constructed, together with an electronic version of the record drawings, as required by the City Code. After completion of all Improvements and prior to acceptance of the Improvements, the Owners shall provide the City with such information on the cost of the Improvements as the City may require for accounting purposes. c. Dedication. (1) Subject to all of the other provisions of this Agreement, the Owners shall, upon completion of the above-described Improvements, unconditionally, and without charge to the City, give, grant, convey and fully dedicate the 4  same (excepting sanitary sewer laterals and water laterals lying outside of dedicated right-of-way) to the City, its successors and assigns forever, free and clear of all encumbrances, together with (without limitation because of enumeration) all land, buildings, structures, mains, conduits, pipes, lines, plant, machinery, equipment appurtenances and habiliments which may in any way be a part of or pertain to such Improvements, together with any and all necessary easements for access thereto. d. Acceptance. (1) Following the City Engineer’s report of completion of the Improvements and acceptance, the City shall thereafter have the right to connect or integrate other utility facilities with the facilities provided hereunder without payment or award to, or consent required of, the Owners. The City Engineer shall provide the Owners with a copy of the City acceptance of the Improvements hereunder which the Owners may record to evidence compliance with this Agreement. Certification by the City Engineer does not constitute a waiver by the City of any rights related to the guarantee set forth in subsection e. below against defects in or failure of any Improvements that are detected or which occur following such acceptance. e. Improvement Guarantee. (1) The Owners guarantee all Improvements against defects which appear within a period of one year from the date of acceptance by the City as herein provided and shall pay for any damages resulting there from to City property. If any defect appears during the guarantee period, the Owners shall upon written notice and, at their expense, install replacements or perform repairs to the standard provided in the approved plans and specifications. The Owners shall have 30 days from the issuance of such notice (or such longer period as may be acceptable to the City Engineer or as may be required due to weather or climactic conditions) to cure the defect. The City shall not declare a default under this Agreement during the 30 day cure period on account of any such defect unless it is clear that the Owners do not intend to cure the defect, or unless the City determines that immediate action is required in order to remedy a situation which poses an imminent health or safety threat. If the Owners fail to cure the defect, or if the City determines that such immediate action is necessary, the City may affect the cure and deduct the cost thereof from the letter of credit. All guarantees or warranties for materials or workmanship which extend beyond the above guarantee period shall be assigned by the Owners to the City (as beneficiary). Unless defects have appeared and have not been repaired, the City will release the letter of credit to the Owners upon expiration of the one year guarantee period. f. Remedies. 5  (1) The remedies provided in this Agreement are not exclusive. The City may use any other remedies available to it under the Agreement or in law or equity in addition to, or in lieu of, the remedies provided above. 4. Letter of Credit. a. The Owners agree to furnish the City, before the start of any construction of the Improvements required by this Agreement, with surety in the form of an irrevocable letter of credit in the amount of ______________ to secure performance of this Agreement, which letter of credit shall be in a form acceptable to the City and must be accepted by the City prior to the commencement of construction under this Agreement. The letter of credit shall be payable at sight to the City and will bear an expiration date not earlier than twelve (12) months after the date of delivery to the City. The letter of credit shall include a provision requiring that the City be given written notice not less than forty five (45) days and not more than sixty (60) days prior to the expiration of the letter. The Owners shall provide a new letter of credit satisfactory to the City not less than ten (10) days prior to the expiration of any earlier letter of credit sufficient to cover the balance of any work to be performed by the Owners hereunder and any sum required to secure the guarantee in Section 3.e. above. The failure to provide a new letter of credit at least ten (10) days before the expiration of the current letter of credit shall be deemed a default under this Agreement authorizing the City to draw upon the letter of credit. The letter of credit shall be payable to the City at any time upon presentation of (i) a sight draft drawn on the issuing bank in the amount to which the City is entitled to draw pursuant to the terms of this Agreement; (ii) a written statement by a City official that the City is entitled to draw on the letter of credit; and (iii) the original of the letter of credit. Professional Services Fees $10,200 Utility Fees $756.18 Construction Estimate $xx,xxx Subtotal $yy,yyy 20% Contingency $zz,zzz Total $aa,aaa b. Any Improvements that are not completed within 6 months of the execution of this Agreement may be completed by the City, and the City may draw on the letter of credit to pay all costs associated with completing the Improvements. c. As work progresses on installation of the Improvements constructed as part of this Agreement, the City Engineer, upon written request from the Owners from time to time, is authorized to recommend a reduction in the amount of the letter of credit as hereinafter provided. When portions of construction are completed by the Owners, and determined acceptable by the City Engineer, the City Administrator is authorized, upon submission of lien waivers by the Owners’ Contractors, to reduce the amount of the letter of credit. 6  d. Upon acceptance by the City of the Improvements constructed as part of this Agreement, the City agrees to reduce the letter of credit to an amount equal to the City Engineer’s estimate of the amount reasonably necessary to secure the guarantee required in Section 3.e., or 10 percent of the total cost of the improvements, whichever is greater. e. The Owners agree to provide written notice of the expiration of any letter of credit (or replacement letter of credit) provided for herein not less than forty five (45) days nor more than sixty (60) days prior to its expiration, by sending notice to the following address: City of Verona Attn: City Clerk 111 Lincoln Street Verona, WI 53593 5. Preservation of Assessment Rights. a. Any Improvements that are not completed within 6 months of the execution of this Agreement may be completed by the City at the City’s option and charged to the Property as a special assessment. b. In addition to other remedies provided to the City by this Agreement, the City shall have the right, without notice or hearing, to impose special assessments or special charges on the Property. This provision constitutes the Owners’ acknowledgment of special benefit and the Owners’ consent to and waiver of notice and hearing on all proceedings imposing such special assessments or special charges. c. The remedies provided in this Agreement are not exclusive. The City may use any other remedies available to it under the Agreement or in law or equity in addition to, or in lieu of, the remedies provided above. 6. Permits. a. The Owners are responsible for obtaining all licenses, permits and authority necessary to perform its obligations under this Agreement. b. The City shall not issue a building permit for the Property until all of the following conditions have been met: (1) The Owners have complied with the provisions of this Agreement. (2) The Owners have abandoned the existing water main property. (3) 7  (4) An occupancy permit to the dwelling will not be issued until the City has accepted the Improvements. 7. Legal Requirements and Public Responsibility. a. The Owners shall at all times observe and comply with all federal, state and local laws, regulations and ordinances which are in effect or which may be placed in effect which may affect the construction of the Improvements. The Owners further agree to indemnify and hold harmless the City, its officers, agents and employees from and against all claims, damages, losses and expenses, including attorney’s fees, arising out of or resulting from the Owners’ failure to comply with an applicable federal, state or local law, regulation or ordinance. b. All applicable provisions of the City Code and any other applicable ordinances or laws shall be adhered to with respect to the design, construction and installation of required Improvements. Where standards and/or specifications have not been established by the City, all work shall be made in accordance with established engineering practices. c. The work shall be under the charge and care of the Owners until all Improvements have been accepted by the City. If prior to acceptance the City is required to take any measure to maintain, protect, or guard any completed Improvements that have not yet been accepted by the City, the costs of doing so shall be paid by the Owners. 8. Insurance Requirements. a. The Owners or selected contractor performing the work shall obtain insurance acceptable to the City as required under this section. The Owners or selected contractor shall maintain all required insurance under this section until Improvements have been accepted and during any subsequent period in which the Owners or selected contractor does work under this Agreement pursuant to the Improvement guarantee or otherwise. b. Certificates of Insurance on all policies specified shall be filed with the City Clerk which shall include a fifteen (15) day prior written notice of material change or cancellation to the City and which clearly state that liability insurance is provided and, if applicable to work under this Agreement, explosion, collapse and underground coverage. Explosion, collapse and underground coverage may be provided by the Owners’ contractor. c. The minimum limits of liability shall be as follows: Worker’s Compensation, etc. (1) State: Statutory 8 (2) Applicable Federal (e.g., Longshoreman’s): Statutory (3) Employer’s Liability: Bodily Injury by Accident $100,000 each accident Bodily Injury by Disease $100,000 each employee Bodily Injury by Disease $500,000 policy limit Contractor’s General Liability (which shall include completed operations and product liability coverages): (1) General Aggregate: (Except Products-Completed Operations): $1,000,000 (2) Products-Completed Operations Aggregate: $1,000,000 (3) Personal and Advertising Injury (Per Person/Organization): $1,000,000 (4) Bodily Injury and Property Damage (Each Occurrence): $1,000,000 (5) Personal Medical Expense (Per Person): $5,000 (6) Personal Injury Liability coverage will include claims arising out of employment. (7) Property Damage liability insurance will provide Explosion, Collapse, and Underground coverages where applicable. (8) Excess Liability General Aggregate: $2,000,000 Each Occurrence: $2,000,000 Automobile Liability: (1) Combined Single Limit: (Bodily Injury and Property Damage) Each Accident $1,000,000 9  The Contractual Liability coverage shall provide coverage for not less than the following amounts: (1) General Aggregate: $1,000,000 (2) Each Occurrence (Bodily Injury and Property Damage): $1,000,000 Insurance required under this Agreement shall be carried with an insurer authorized to do business in Wisconsin by the Wisconsin Commissioner of Insurance. The City reserves the right to disapprove any insurance company. 9. Indemnification. a. The Owners hereby expressly agree to indemnify, defend and hold the City and its officers, employees, and agents harmless from and against all claims, costs and liability of every kind and nature (including reasonable fees for attorneys, consultants, and experts), for injury or damage received or sustained by any person or entity in connection with, or on account of, the performance of work at the development site and elsewhere pursuant to this Agreement, except to the extent caused by the recklessness or willful misconduct of the City or its officers, employees, agents or contractors. The Owners further agree to defend the City in the event that the City is named as a defendant in an action concerning the performance of work pursuant to this Agreement, except where such suit is brought by the Owners, subject to the limitations above. The Owners are not an agent or employee of the City. b. The Owners shall indemnify, defend, and hold the City and its officers, employees, and agents harmless from any claims, judgments, damages, penalties, fines, costs, or loss (including reasonable fees for attorneys, consultants, and experts) that arise as a result of the presence or suspected presence in or on the real property dedicated or conveyed to the City by, under, pursuant to, or in connection with the Property or this Agreement (including, but not limited to, street right-of-way) of any toxic or hazardous substances arising from any activity occurring prior to the acceptance of all Improvements, except to the extent caused by the willful or negligent act or omission of the City or its officers, employees, agents or contractors. Without limiting the generality of the foregoing, the indemnification by the Owners shall include costs incurred in connection with any site investigation or any remedial, removal, or restoration work required by any local, state, or federal agencies because of the presence or suspected presence of toxic or hazardous substances on or under the real property, whether in the soil, groundwater, air or other receptor. The City shall immediately notify the Owners of the discovery of any contamination or of any facts or circumstances that reasonably indicate that such contamination may exist in or on the real property. The City also agrees that 10  following notification to the Owners that contamination may exist, the City shall make all reasonable accommodations to allow the Owners to examine the real property and conduct such clean-up operations as may be required by the appropriate local, state, or federal agencies to comply with applicable laws. 10. General Provisions. a. In carrying out any of the provisions of this Agreement or in exercising any power or authority granted to them thereby, there shall be no personal liability of the City’s officers, agents or employees, it being understood and agreed that in such matters they act as agents and representatives of the City. b. The Owners warrants that they are the owner of the Property; that no other person or party has an interest of record in the Property, other than a mortgagee; and that they have full right and authority to make the agreements, warranties, consents and waivers in this Agreement. The Owners shall defend, indemnify and hold the City harmless from any claims, suits or damages related to the City’s acquisition or ownership of interests in the property including, but not limited to, claims for inverse condemnation or relocation benefits under Chapter 32 of the Wisconsin Statutes. c. The Owners hereby designate ______________ as the Project Manager, who shall act as the Owners’ representative during the construction of the Improvements. The Project Manager shall be available during construction hours on the job site or available by telephone at ______________. During non-construction hours, the Project Manager shall be available to respond to emergencies at the following telephone number: ______________. d. The Owners shall install all survey monuments in the manner required by law within the time required by law. Any monuments disturbed during construction of Improvements shall be restored. e. The Owners grant the right of entry on the Property to personnel or agents of the City to conduct inspections and monitor compliance with the provisions of this Agreement. f. A default is defined herein as the Owners’ breach of, or failure to comply with, the terms of this Agreement. The City reserves to itself all remedies available at law or equity as necessary to cure any default. The City also reserves to itself the right to draw on the letters of credit provided hereunder, and to specially assess costs against the Property, in addition to pursuing any other available remedies. Remedies shall include, but not be limited to, stopping all construction, denying building permits and prohibiting the transfer or sale of lots. Remedies shall be cumulative, and the exercise of one shall not preclude the exercise of others. 11 g. For the purpose of computing the commencement, abandonment and completion periods, and time periods for City or the Owners action, such times in which war, civil disasters, acts of God, or extreme weather conditions occur or exist shall not be included to the extent such conditions prevent the Owners from performing its obligations under the Agreement. h. Except as provided by law, or as expressly provided in this Agreement, no vested right in connection with this project shall inure to the Owners. The City does not warrant by this Agreement that the Owners are entitled to any required approvals. i. This Agreement shall run with the land and shall be binding upon the Owners, their grantees, personal representatives, heirs, successors and assigns. j. The benefits of this Agreement to the Owners are personal and shall not be assigned without the express written consent of the City. Such approval may not be unreasonably withheld, but any unapproved assignment is void. There is no prohibition on the right of the City to assign its rights under this Agreement. k. Nothing set forth in this Agreement shall be construed as, nor is intended to be, a waiver or release of any obligations imposed upon the Owners by the City Code, state statutes, or administrative rules. No waiver of any provision of this Agreement shall be deemed or constitute a waiver of any other provision, nor will it be deemed or constitute a continuing waiver unless expressly provided for by a written amendment to this Agreement signed by both the City and the Owners, nor shall the waiver of any default under this Agreement be deemed a waiver of any subsequent default or defaults of the same type. The City’s failure to exercise any right under this Agreement shall not constitute approval of any wrongful act by the Owners or the acceptance of any Improvements. l. This Agreement may only be amended by a written amendment instrument approved and executed by the City and the Owners. m. If any part, term or provision of this Agreement is held to be illegal or otherwise unenforceable by a court of competent jurisdiction, such illegality or unenforceability shall not affect the validity of any other part, term or provision of this Agreement, and the rights of the parties will be construed as if the part, term or provision was never part of the Agreement. n. This written agreement, and written amendments, shall constitute the entire agreement between the Owners and the City. o. The City may record a copy of this Agreement with the Register of Deeds. All costs of recording shall be paid by the Owners. Upon acceptance by the City of the Improvements and request by the Owners, the City shall provide the Owner with a certified copy of the acceptance which the Owner may use to record notice of such acceptance. 12  p. This Agreement shall be governed by, and enforced in accordance with, the laws of the State of Wisconsin. Any claim arising under this Agreement shall be brought in Dane County Circuit Court, Dane County, Wisconsin. q. This Agreement shall be construed without regard to the identity of the party who drafted the various provisions of this Agreement. Moreover, each and every provision of this Agreement shall be construed as though all parties to this Agreement participated equally in the drafting of this Agreement. As a result of the foregoing, any rule of construction that a document is to be construed against the drafting party shall not be applicable to this Agreement. r. This Agreement may be executed in one or more counterparts and upon execution and delivery by each of the parties hereto shall constitute one and the same enforceable agreement. s. This Agreement is entered into as of the day and year first written above. 11. Special Conditions. a. Water main shall be installed by contractor during Senior Center parking lot which is anticipated to occur in August 2017. Owner’s contractor will be provided a two week notification when the work needs to commence. b. No lane closures can occur on Paoli Street during any time of construction. c. A 11-foot lane width shall be maintained at all times to accommodate truck traffic [Signature pages to follow] 13  IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the dates noted below. CITY OF VERONA By Jon Hochkammer, Mayor By Ellen Clark, City Clerk STATE OF WISCONSIN COUNTY OF DANE Personally, came before me this _____ day of __________________, 2017, the above named Jon Hochkammer and Ellen Clark, to me known to be the Mayor and City Clerk of the City of Verona, and the persons who executed the foregoing instrument and acknowledged the same. Print name: ____________________ Notary Public, State of Wisconsin My Commission: 14  DANIEL AND THERESE STROME By Name: Daniel Strome By Name: Therese Strome STATE OF WISCONSIN COUNTY OF DANE Personally, came before me this _____ day of _______________, 2017, the above named Daniel Strome and Therese Strome, to me known to be the persons who executed the foregoing instrument and acknowledged the same. Print Name ____________________ Notary Public, State of Wisconsin My Commission: Attachments: Exhibit A – Legal Description of the Property Exhibit B – Water Main Drawings This instrument drafted by: Bryan Kleinmaier Stafford Rosenbaum LLP P.O. Box 1784 Madison, WI 53701-1784 15  EXHIBIT A LEGAL DESCRIPTION OF PROPERTY 16 EXHIBIT B FIGURES  EXHIBIT B connect to ex 6" WM pipe to be installed new gate valve ex 6" service Install end cap in existing fitting. ex 8" WM to be removed Install end cap in existing fitting. City of Verona GIS City of Verona 116 Paoli 111 Lincoln St Verona, WI 53593 DISCLAIMER: The City of Verona does not guarantee the accuracy of the material (608) 845 - 6495 contained here in and is not responsible for any misuse or misrepresentation of this information or its derivatives. SCALE: 1" = 100 ' 1,200.00 Print Date: 10/3/2016