Public Works, Sewer and Water

CITY OF VERONA PUBLIC WORKS/SEWER & WATER COMMITTEE AGENDA MONDAY, MAY 10, 2021 5:00 P.M. VERONA, WI 53593 Due to the COVID-19 pandemic, the Verona Public Works/Sewer & Water Committee will hold its meeting as a virtual meeting. The Verona Public Works/Sewer & Water Committee will not meet at City Hall, 111 Lincoln Street. Members of the Verona Public Works/Sewer & Water Committee and Staff will join the meeting by using Zoom Webinar, as described immediately below. Members of the public can join the meeting using Zoom Webinar via a computer, tablet, or smartphone, or by calling into the meeting using phones, as described immediately below. Join the meeting via computer, tablet, or smart phone: https://zoom.us/j/97229466688 Webinar ID: 972 2946 6688 Join the meeting via phone by dialing: 301-715-8592 Webinar ID: 972 2946 6688 Agenda Items 1. Call to order. 2. Roll call. 3. Approval of the minutes of the April 12, 2021 meeting of the Public Works/Sewer and Water Committee. 4. Discussion and action regarding Ordinance No. 21-981 Relating to Water Utility Water Rates. 5. Discussion and action regarding change order no. 3 for Project ID 2018-108 Eastside Interceptor Gravity Sanitary Sewer Replacement. 6. Discussion and action regarding professional services agreement with JT Engineering for construction engineering / inspection services at the Woods at Cathedral Point Phase 2 project. 7. Discussion regarding refuse and recycling scope of services to be included in the contract renewal. 8. Discussion and action regarding Project ID 2018-108 Eastside Interceptor Gravity Sanitary Sewer Replacement. 9. Adjourn. Evan Touchett Chairperson Notice is hereby given that a majority of the City Council may be present at the meeting of the Public Works/Sewer & Water Committee to gather information about a subject over which they have decision-making responsibility. POSTED: Verona City Hall 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 12, 2021 1. The meeting was called to order by Mr. Touchett at 5:01pm. 2. Roll Call: Present: Evan Touchett, Charlie Ryan. Chad Kemp arrived at 5:13pm. Also present: Theran Jacobson, Director of Public Works; Carla Fischer, City Engineer, AECOM. Note: This was a remote meeting via Zoom and phone conference, instructions on how to join were included with the posted agenda. 3. MOVED by Touchett, seconded by Ryan, to approve the minutes of the March 8, 2021 meeting of the Public Works/Sewer and Water Committee. Motion carried 2-0. 4. MOVED by Touchett, seconded by Ryan, to submit the Municipal Separate Storm Sewer System (MS4) 2020 annual report to WI DNR. Motion carried 2-0. 5. MOVED by Touchett, seconded by Ryan, to recommend approval of professional services agreement with AECOM for Project ID 2021-107, 2021 Storm Water Services, in an amount not to exceed $17,835.00. Motion carried 2-0. 6. MOVED by Touchett, seconded by Ryan, to recommend approval of professional services agreement with AECOM for Project ID 2018-114, Lincoln Street Storm Water Management Facility, in an amount not to exceed $28,690.00. Motion carried 2-0. 7. MOVED by Touchett, seconded by Kemp, to recommend approval of amendment no. 2 with Brown and Caldwell for Project ID 2018-114, Lincoln Street Storm Water Management Facility, in an amount not to exceed $46,993.00, which brings project total to an amount not to exceed of $191,263.00. Motion carried 3-0. 8. MOVED by Touchett, seconded by Ryan, to recommend approval of Storm Water Maintenance Agreement with Epic Systems Corporation. Motion carried 3-0. 9. DISCUSSION of Project 2018-108, Eastside Interceptor Gravity Sanitary Sewer Replacement. Jacobson provided a project update: both pipelines are installed through the horseshoe of Badger Mill Creek just south of Melody Cir. They are currently east of there, progressing north towards the Lincoln Street Bridge, between M and the Lincoln Street Bridge. The diversion channel that was south of Melody Cir to divert Badger Mill Creek temporarily for construction is mostly diverted back to the creek’s original location. They were able to move the force main a handful of feet to the west under the Lincoln St Bridge after receiving some new in-field data. Touchett mentioned the mayor was updated about concerns some citizens had about a paved path, and that the mayor would be willing to consider it in council if it was advocated by an alderperson, but reiterated that this committee was still in favor of a paved path. 10. MOVED by Touchett, seconded by Ryan adjourn at 5:26pm. Motion carried 3-0. Note: These minutes were prepared by Theran Jacobson, Director of Public Works. These minutes are based on the notes of the recorder and are subject to change at a subsequent meeting.  Meeting Date: May 10, 2021 PW/S&W Committee Memo Public Works/Sewer & Water Committee Listed below is an explanation of the items on the Public Works/Sewer & Water Committee agenda. Item (4) Ordinance No. 21-981 Relating to Water Utility Water Rates. City attorney and City staff have prepared the ordinance to update the language based upon the last tariff that was approved by the Public Service Commission. Ultimately, the water tariff provides the governing language for the water rates and rules. The past ordinances copied the tariff so the same language was in two places. This ordinance references the water tariff instead of copying it. This ensures there are no inconsistencies in the language. This is common practice as other communities have modified their ordinances in the same manner. There are no changes to water rates due to this ordinance. The current utility rates are located on the city website at https://www.ci.verona.wi.us/752/Current-Utility-Rates Item (5) Change order no. 3 for Project ID 2018-108 Eastside Interceptor Replacement. Change order no. 3 for the eastside interceptor project is for addition work required as part of Project B which is Dane County facilitated and financed project components. This change order has no financial impact to the City or MMSD. The change order is to add additional bid items to Dane County work zone: • Temporary seeding and temporary mulching The contract notes are as follows: • Contract award value = $7,761,804.60 • Previous change orders = $6,305.00 (add) • Change order No. 3 = $3,808.00 (add) • Contract value after incorporating this change order = $7,771,917.60 Staff recommends approval of change order no. 3. Item (6) Professional services agreement with JT Engineering for construction engineering / inspection services at the Woods at Cathedral Point Phase 2 project. Page 1 / 2  Meeting Date: May 10, 2021 PW/S&W Committee Memo This agreement is for construction engineering / inspection services at “Woods at Cathedral Point” for the phase 2 public improvements. JT Engineering is also performing the construction engineering / inspection services for the phase 1 work. Public Works staff is recommending that the contract with JT Engineering be approved. This is a pass-through cost to the developer. The contract shall not exceed $64,852.50. This agreement shall be contingent upon legal counsel review of the contract language and approval of the Developer Agreement for Phase 2. Item (7) Refuse and recycling scope of services to be included in the contract renewal. City staff is drafting the contact and scope for renewing the contracted refuse and recycling collection. Verona currently has a unique contract with expanded services available for residences as compared to other communities of similar size. Staff will provide an overview of the services and appreciates any feedback from the committee. Below are timelines staff is targeting for certain tasks of the contract renewal, please note the current contract expires on 12/31/2021. 6/4/2021 - Finalize contract and scope 7/9/2021 – Quotes back from contractors 7/23/2021 – Staff review quotes from contractors and meeting with Administration 7/26/2021 – Meeting with PW S&W Committee as necessary 9/24/2021 – Finalize contract with Contractor 10/11/2021 – PW S&W Committee to recommend council to approve contract Item (8) Project ID 2018-108 Eastside Interceptor Gravity Sanitary Sewer Replacement. Staff will provide a construction update on the Eastside Interceptor Replacement Project. Page 2 / 2  ORDINANCE NO. 21-979 AN ORDINANCE AMENDING TITLE 9, CHAPTER 1, ARTICLE A OF THE CODE OF ORDINANCES, CITY OF VERONA, RELATING TO WATER UTILITY WATER RATES The Common Council of the City of Verona, Dane County, Wisconsin, do ordain that Title 9, Chapter 1, Article A of the Code of Ordinances, City of Verona, Wisconsin is hereby repealed and recreated to read as follows: ARTICLE A: RATES Section 9-1-1 – Rates. The rates for water service provided to customers of the water utility shall be as set forth in the tariffs filed and approved from time to time by the state public service commission, and the rates shall be paid as and when and in the manner provided for in such filings. The foregoing ordinance was duly adopted by the Common Council of the City of Verona at a meeting held on __________, 2021. CITY OF VERONA ____________________________ Luke Diaz, Mayor (seal) ____________________________ Kayla Martin, Deputy City Clerk ENACTED: ___________________ PUBLISHED: ___________________ 1 CHANGE ORDER NO. 3 Owner City of Verona Date 03/31/2021 Project East Side Interceptor/MMSD Pump Station 17 Force Main Relief Owner’s Contract No. 2018-108 Contractor Minger Construction Companies, Inc. Date of Contract Start October 13, 2020 You are directed to make the following changes in the Contract Documents. These changes will be incorporated into the Project B portion of the Contract, and will be paid by Dane County. Adding Items Item Number Description Unit Quantity Unit Price Amount 1630.0190 (CO.03.01) Temporary Seeding (DC) SY 5,600 $ 0.10 $ 560.00 1627.0300 (CO.03.02) Temporary Mulching (DC) SY 5,600 $ 0.58 $ 3,248.00 Total Net Change = $3,808.00 Reason for Change Order: Added Items: 1630.0190 (CO.03.01) = Added item to temporarily restore the haul route for Clearing and Grubbing and Invasive Species Removal operations. Operations were performed on Project B (Dane County Creek Restoration) and the haul route spanned from the Project A east limits to the Badger Prairie Gardens off of Old CTH PB, on the south side of Badger Mill Creek. Temporary restorations items were not included in the original contract. 1627.0300 (CO.03.02) = See above discussion. CONTRACT PRICE CONTRACT TIMES (Calendar Days) To substantial To final completion completion Original: $7,761,804.60 Original Completion Date: 8/27/2021 9/17/2021 Previous C.O.s (ADD/DEDUCT): $6,305.00 Previous C.O.s (ADD/DEDUCT): N/A N/A This C.O. (ADD/DEDUCT): $3,808.00 This C.O. (ADD/DEDUCT): N/A N/A Contract Price with all REVISED: N/A N/A approved Change Orders: $7,771,917.60 Revised Completion Date: N/A N/A 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. Project Forms Page 1 / 2 RECOMMENDED: By Theran Jacobson at 11:02 am, May 05, 2021 By: ENGINEER (Theran Jacobson, P.E.) Date ACCEPTED: By: OWNER (Luke Diaz, Mayor) Date ACCEPTED: By: Not Applicable for Project B MADISON METROPOLITAN SEWAGE DISTRICT (Bruce Borelli, P.E.) Date ACCEPTED: By: DANE COUNTY (Sara Rigelman) Date ACCEPTED: By: 4.2.21 CONTRACTOR (Minger Construction Companies, Inc.) Date City of Verona, WI ___2018-108 /_________3_______ Project Change Number Order No. \\VPWDC1\SHARED\PROJECTS\2018-108_E. SIDE INTERCEPTOR COLLECTION SYSTEM\CONSTRUCTION (PRE-CON & AFTER)\CHANGE ORDERS\CCO #3\2018-108_CCO #3_FINAL.DOCX Project Forms Page 2 / 2 Aaron McFarlin From: Nelson, Theresa <Nelson.Theresa@countyofdane.com> Sent: Thursday, March 11, 2021 8:06 AM To: Aaron McFarlin Cc: Rigelman, Sara Subject: RE: Badger Mill Creek Erosion Control Thanks Aaron – that looks fine to us. Theresa M. Nelson, P.E. Stormwater Engineer, Water Resource Engineering Division 5201 Fen Oak Drive #208, Madison, WI 53718 Cell: (608) 577-4879 │ website │ pronouns: she/hers From: Aaron McFarlin <aaron.mcfarlin@ci.verona.wi.us> Sent: Wednesday, March 10, 2021 4:39 PM To: Nelson, Theresa <Nelson.Theresa@countyofdane.com> Cc: Rigelman, Sara <Rigelman@countyofdane.com> Subject: RE: Badger Mill Creek Erosion Control Hey Theresa, Hartland was on site yesterday (3/9) and completed the temp seeding and mulching. Attached are my measurements and the costs. The quantity I measured matched pretty close to Hartlands. Wanted to run this past you to see if you had any questions or had any issues. If all good, I will go ahead and put this into a change order. Thanks, Aaron Aaron McFarlin, P.E. Construction Engineer City of Verona Department of Public Works (608) 333-9948 (Cell Phone) (608) 497-2082 (Direct) aaron.mcfarlin@ci.verona.wi.us From: Nelson, Theresa [mailto:Nelson.Theresa@countyofdane.com] Sent: Monday, March 8, 2021 8:22 AM To: Aaron McFarlin Cc: Rigelman, Sara Subject: RE: Badger Mill Creek Erosion Control Hi Aaron, We would like to go ahead with temp seed and mulch just on the south side of the creek – the north side really wasn’t very disturbed. 1 Let me know if you need anything else from us to get this done – thanks! Theresa M. Nelson, P.E. Stormwater Engineer, Water Resource Engineering Division 5201 Fen Oak Drive #208, Madison, WI 53718 Cell: (608) 577-4879 │ website │ pronouns: she/hers From: Aaron McFarlin <aaron.mcfarlin@ci.verona.wi.us> Sent: Friday, March 5, 2021 4:55 PM To: Nelson, Theresa <Nelson.Theresa@countyofdane.com> Subject: FW: Badger Mill Creek Erosion Control Theresa – not sure if you got this the 1st time so resending Aaron McFarlin, P.E. Construction Engineer City of Verona Department of Public Works (608) 333-9948 (Cell Phone) (608) 497-2082 (Direct) aaron.mcfarlin@ci.verona.wi.us From: Aaron McFarlin Sent: Friday, March 5, 2021 4:51 PM To: Nelson, Theresa Cc: Theran Jacobson; Cc: Rigelman, Sara; Balousek, Jeremy Subject: FW: Badger Mill Creek Erosion Control Hi Theresa, See below for Minger’s pricing to complete temp stabilization along the haul routes. Also attached is the marked up plan sheet I sent Minger for pricing. Talking to Tom (Minger), their sub would be able to come out and get this completed next week. Let me know what you think and have a good weekend! Thanks, Aaron Aaron McFarlin, P.E. Construction Engineer City of Verona Department of Public Works (608) 333-9948 (Cell Phone) (608) 497-2082 (Direct) aaron.mcfarlin@ci.verona.wi.us From: Tom Schneider [mailto:toms@mingerconst.com] Sent: Friday, March 5, 2021 4:26 PM To: Aaron McFarlin Subject: RE: Badger Mill Creek Erosion Control 2 Hey Aaron, Following up on our phone call pricing as requested is as follows for Temporary Restoration: 1. Mulching - $0.58/ SY Installed Estimated Total = $4,645.22 2. Temp Seeding - $0.10/SY Installed 3. Temp Seeding and Mulching - $0.68/SY Installed =$5,446.12 Like we discussed we don’t feel that option #2 with just installing Seed qualifies as stabilization. Please note none of these options include power raking the soil which would be done only for final seeding. Thanks, Tom Schneider Project Manager/Estimator 620 Corporate Drive Jordan, MN 55352 Ph: 952-368-9200 Fax: 952-368-9311 Cell: 612-559-9351 Toms@Mingerconst.com Equal Opportunity Employer Visit our website at: www.mingerconstruction.com From: Aaron McFarlin <aaron.mcfarlin@ci.verona.wi.us> Sent: Thursday, March 4, 2021 2:18 PM To: Aaron Hoefs <AaronH@mingerconst.com>; Tom Schneider <toms@mingerconst.com>; Jason Durham <JasonD@mingerconst.com> Subject: [EXTERNAL] RE: Badger Mill Creek Erosion Control Hey Aaron – See attached for a marked up area of Temp seeding. It looks like the average width is around 20-ft ish, some spots may be wider some may be smaller. In general, it is mainly where the equipment tracked back and forth. Just to clarify the prices – price for just seed, just mulch, and prices for doing both, if you’re able. Thanks, Aaron Aaron McFarlin, P.E. Construction Engineer City of Verona Department of Public Works (608) 333-9948 (Cell Phone) (608) 497-2082 (Direct) aaron.mcfarlin@ci.verona.wi.us From: Aaron Hoefs [mailto:AaronH@mingerconst.com] Sent: Thursday, March 4, 2021 1:45 PM 3 To: Aaron McFarlin; Tom Schneider; Jason Durham Cc: Aaron Hoefs Subject: RE: Badger Mill Creek Erosion Control Hi Aaron Any chance you can send us a marked up plan sheet showing the limits of the temporary seeding areas? We will send to our subcontractor (Hartford Landscapes), and have them send us some pricing Thanks Aaron Hoefs Estimator / Project Manager 620 Corporate Drive Jordan, MN 55352 Ph: 952-368-9200 Fax: 952-368-9311 Cell: 612-418-7363 aaronh@mingerconst.com Equal Opportunity Employer Visit our website at: www.mingerconstruction.com From: Aaron McFarlin <aaron.mcfarlin@ci.verona.wi.us> Sent: Thursday, March 4, 2021 1:19 PM To: Tom Schneider <toms@mingerconst.com>; Aaron Hoefs <AaronH@mingerconst.com>; Jason Durham <JasonD@mingerconst.com> Subject: [EXTERNAL] FW: Badger Mill Creek Erosion Control Tom/Aaron/Jason – See below for a request from Dane County to temp seed and mulch the haul route area that Homer used during clearing, grubbing, and invasive species removal. This is the area from the sewer project limits essentially to the gardens. It be to just temp stabilize these areas that were disturbed until the restoration work begins. If you are able, can you provide a price for each item. Let me know if you have any questions, or need any more information. Thanks, Aaron Aaron McFarlin, P.E. Construction Engineer City of Verona Department of Public Works (608) 333-9948 (Cell Phone) (608) 497-2082 (Direct) aaron.mcfarlin@ci.verona.wi.us From: Nelson, Theresa [mailto:Nelson.Theresa@countyofdane.com] Sent: Thursday, March 4, 2021 11:17 AM To: Aaron McFarlin 4 Cc: Rigelman, Sara; Balousek, Jeremy; Theran Jacobson Subject: RE: Badger Mill Creek Erosion Control Hi Aaron, Thanks for the update. Please ask Minger for price for mulching and for temp seeding. It appears that the specs Verona has for Mulching (1627.02) and Temp Seeding (1630.0190.S) would be appropriate for this work. Once we know cost we can decide if we want to do one or both. Also, when we were out on Tuesday, it looked like the access at the community gardens had been used recently (snow plowed, tracks) – was this for something with the sewer project? Thanks, Theresa M. Nelson, P.E. Stormwater Engineer, Water Resource Engineering Division 5201 Fen Oak Drive #208, Madison, WI 53718 Cell: (608) 577-4879 │ website │ pronouns: she/hers From: Aaron McFarlin <aaron.mcfarlin@ci.verona.wi.us> Sent: Wednesday, March 3, 2021 5:36 PM To: Nelson, Theresa <Nelson.Theresa@countyofdane.com>; Theran Jacobson <theran.jacobson@ci.verona.wi.us> Cc: Rigelman, Sara <Rigelman@countyofdane.com>; Balousek, Jeremy <balousek@countyofdane.com> Subject: RE: Badger Mill Creek Erosion Control CAUTION: External Email - Beware of unknown links and attachments. Contact Helpdesk at 266- 4440 if unsure Hi Theresa, Thanks for letting me know about these erosion issues. Regarding Item 1 – Minger was planning to address this tomorrow. They will be putting in a tracking pad off of Arbor Vitae and while they are in the area they are planning to stabilize that crossing’s slopes as well as place some perimeter protection. Regarding Item 2 – I did discuss this with Minger this afternoon. They can provide a price for mulching and/or temp seeding to be added per change order to Contract B. They did mention that the bid price for mulching (item 103) also was not for temp stabilization, so not sure if they would be willing to place at this bid price. My thoughts is that temp seeding would be the easiest and cheapest route to temp stabilize. It doesn’t sound like they are planning to do any of the Dane County work for a few months yet (focusing on the sewer portion for now). Let me know if you want me to ask for a price for temp seed, temp mulch, or both to be added to Contract B, or if you have any other thoughts. Thanks, Aaron Aaron McFarlin, P.E. Construction Engineer City of Verona 5 Department of Public Works (608) 333-9948 (Cell Phone) (608) 497-2082 (Direct) aaron.mcfarlin@ci.verona.wi.us From: Nelson, Theresa [mailto:Nelson.Theresa@countyofdane.com] Sent: Wednesday, March 3, 2021 3:33 PM To: Theran Jacobson; Aaron McFarlin Cc: Rigelman, Sara; Balousek, Jeremy Subject: Badger Mill Creek Erosion Control Hi Theran and Aaron, Sara and I walked some of the project site yesterday and noticed a couple erosion control issues: 1) The temporary crossing put in near the ice age trail bridge needs erosion controls along the perimeter – see attached photo. As it is, soil is free to wash into the side channel. 2) Also, any of the haul routes that were disturbed last fall that won’t be used right away this spring should be temporarily stabilized (straw, mulch, etc.). Let us know what you need from us for getting this done as we did not include the quantities for the temporary stabilization in our original quantities. With the continued melting and chance of rain next week, now is the time to get things taken care of. Please let me know if you’d like to discuss. Thanks, Theresa M. Nelson, P.E. Stormwater Engineer, Water Resource Engineering Division 5201 Fen Oak Drive #208, Madison, WI 53718 Cell: (608) 577-4879 │ website │ pronouns: she/hers 6  CONTRACT AGREEMENT BETWEEN JT ENGINEERING, INC. AND THE CITY OF VERONA This Contract Agreement is made and entered into this 27th day of April 2021 by and between THE CITY OF VERONA, hereinafter referred to as the CITY, and JT Engineering, Inc. 6325 Odana Road, Suite 2, Madison, Wisconsin 53719, hereinafter referred to as the CONSULTANT. The CONSULTANT acknowledges by endorsement of this Contract Agreement that: (a) CONSULTANT has the expertise and has a thorough knowledge of the professional services required to complete the proposed work and is qualified to render such professional services (b) CONSULTANT shall comply with all applicable laws, regulations, and orders in the performance of the work (c) the work shall be performed in a manner consistent with that level of care, quality and skill ordinarily exercised by others performing similar work under similar circumstances. The parties agree as follows: CONSULTANT shall furnish Construction Inspection Services to the CITY for the Project as described below. CONSULTANT shall furnish the Basic Services as outlined in the attached scope of services if contract is executed by May 21, 2021 and shall be completed by May 1, 2022. For all Basic Services, the CITY agrees to compensate CONSULTANT as follows: Specific hourly rates, including equipment needed to complete the work and mileage, to be used for hours in which the CONSULTANT’s employees are directly engaged in performing the work or services required by this contract: Employee Classification Hourly Rate Project Engineer I $95.00(1) Project Engineer II $113.50(1) Project Manager $120.00 Project Administrator $140.00 Accountant $99.00 (1) Rate includes dedicated GPS unit for use on project. Compensation for all services provided by the CONSULTANT under the terms of this contract shall not exceed $64,852.50 based on the estimated working schedule attached. Section I – BASIC SERVICES 1.1 Basic Services The Basic Services to be performed under this Contract include construction inspection services as identified in the attached scope of services commentary. Section II – RESPONSIBILITIES 2.1 CITY’s Responsibilities 2.1.1 Assist and cooperate with the CONSULTANT in completing the work in a timely and effective manner. 2.1.2 Make available to the CONSULTANT drawings, specifications and data which the CONSULTANT considers pertinent to the CONSULTANT’s responsibilities hereunder, all of which the CONSULTANT may rely upon in performing services hereunder except as may be specifically provided otherwise in writing. JT ENGINEERING, INC -1-  2.1.3 Give prompt written notice to the CONSULTANT whenever the CITY observes or otherwise becomes aware of any development that affects the scope, timing, or performance of services of the CONSULTANT. Section III – TIME SCHEDULE 3.1 Authorization Unless otherwise directed by the CITY, the CONSULTANT shall commence the performance of the Basic Services upon execution of this Contract by both parties which shall constitute Authorization to Proceed. 3.2 Expeditious Performance The CONSULTANT recognizes that the services under this Contract are to be performed as expeditiously as practical after Authorization to Proceed. Every reasonable effort will be made to substantially complete the Basic Services within the period described above. Section IV – INVOICES AND PAYMENT 4.1 Invoices Invoices shall be submitted once a month or upon completion of services, whichever occurs earlier, for services provided under Section 1. 4.2 Payment 4.2.1 The CITY shall pay the CONSULTANT based on the monthly invoices, with total payment not to exceed the total contract amount. 4.2.2 It is expressly understood and agreed by both parties that the CONSULTANT will be paid by the CITY within 30 days after receipt of the invoice provided by the CONSULTANT. The CITY agrees to process the CONSULTANTS invoices promptly. Section V – CHANGES 5.1 Written Authorization THE CITY or CONSULTANT may, at any time, by written order, make changes in the services or work to be performed within the general scope of this Subcontract. 5.2 Equitable Adjustment If such changes cause an increase or decrease in the CONSULTANTS cost of, or time required for, performance of any services under this Contract, an equitable adjustment shall be made, and this Contract shall be modified in writing accordingly. Section VI – DISPUTES 6.1 Resolution Procedure Except as this Contract otherwise provides, in all claims, counter-claims, disputes, and other matters in question (Dispute) between the CITY and CONSULTANT arising out of or relating to this Contract or the breach of it, the CITY and CONSULTANT will negotiate a resolution of the Dispute at a reasonable time and location set by the CITY and CONSULTANT. Should negotiation be unsuccessful, mediation of the Dispute by a third party shall follow. Mediation shall be conducted in Dane County, WI, unless the CITY and CONSULTANT agree to another location. CONSULTANT and the CITY agree that those disputes not settled by mediation will be decided by binding arbitration, unless the CITY or CONSULTANT elect to have said Dispute resolved in a court of competent jurisdiction. 6.1.1 Negotiation Following written notice of a Dispute, two (2) face-to-face meetings (or less if the Dispute is resolved) shall be held. 6.1.2 Mediation If negotiation is unsuccessful, a mutually acceptable third party (Facilitator) having expertise in the subject of the dispute shall be engaged to mediate the Dispute. Should the CITY and CONSULTANT be unable to reach agreement on a Facilitator, either party may request a Circuit Judge Dane Co., WI to appoint said Facilitator. The fee and expenses of the Facilitator shall be shared equally by the parties to the Dispute. The parties may present JT ENGINEERING, INC -2-  evidence and arguments to the Facilitator. Unless the Facilitator and the parties agree otherwise, one (1) face-to-face meeting shall be held within the sixty (60) day period beginning on the date of the Facilitator’s engagement. Following the meeting, the Facilitator shall report to the parties whether he believes the Dispute is resolvable through mediation. At that point the parties shall elect (a) to continue mediation, (b) replace the Facilitator and continue mediation, or (c) end mediation. If the mediation is ended or otherwise unsuccessful in the resolution of said Dispute, the Dispute shall be resolved by binding arbitration upon the request of either party or in the alternative, by judicial adjudication. 6.1.3 Arbitration If the dispute is arbitrated, (a) the arbitration shall be decided in accordance with the current construction Industry Arbitration Rules of the American Arbitration Association; (b) the demand for arbitration may not be made more than one (1) year after the date on which the claim in dispute arose; and (c) the arbitration proceeding may not include, by consolidation or otherwise, any third person. Any decision rendered by the arbitrator(s) shall be final. Judgment may be entered upon the decision in any court having jurisdiction. The decision shall not be subject to modification or appeal except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. 10, 11). Section VII – SUSPENSION OF WORK 7.1 Convenience of the CITY The CITY may order CONSULTANT to suspend, delay, or interrupt all or any part of the CONSULTANTS services for such period of time as the CITY may determine to be appropriate for the convenience of the CITY. 7.2 Adjustment in Schedule If the performance of all or any part of the CONSULTANTS services is, for an unreasonable period of time, suspended, delayed, or interrupted by an act of the CITY, an appropriate extension of time shall be made for any such delay in the performance of this Contract necessarily caused by such unreasonable suspension, delay, or interruption, and the Contract modified in writing accordingly. Section VIII – TERMINATION OF CONTRACT 8.1 Written Notice It is expressly understood and agreed that the CITY may terminate this Contract at any time by giving the CONSULTANT 10 days written notice in writing either personally at one of the offices of the CONSULTANT or sent by registered mail, return receipt requested, to the principal office of the CONSULTANT. The CONSULTANT may terminate this Contract upon 30 days written notice in the event of nonpayment by the CITY of CONSULTANTS’ invoices rendered for a period of 60 days or in the event the CITY otherwise substantially fails to fulfill its obligations under this Contract. 8.2 Adjustment for Services Performed In the event that this Contract is terminated by either the CITY or the CONSULTANT, the CONSULTANT shall be compensated for all services performed to the date of termination including reimbursable expenses then due. Section IX – INSURANCE 9.1 Coverage Prior to commencing work, the CONSULTANT shall obtain and maintain in effect for the duration of this Contract at its own expense the insurance with insurance companies licensed in the State where the project is located. 9.2 Minimum Coverage The minimum required coverage is the following: 9.2.1 Worker’s Compensation and Employer’s Liability Worker’s Compensation and Employer’s Liability in compliance with the statutory requirements of the State of Wisconsin. JT ENGINEERING, INC -3-  9.2.2 General Liability Commercial general liability insurance covering operations, completed operations, contractual agreements, and independent contractors, each with minimum limits of liability on an occurrence basis as set forth below: General Aggregate $2,000,000 Each Occurrence $1,000,000 Operations Aggregate $2,000,000 Personal Injury $1,000,000 9.2.3 Professional Liability Liability insurance in an amount of at least $1,000,000 total limit of liability per claim and aggregate with a maximum deductible amount of $50,000. Section X – GENERAL PROVISIONS 10.1 Independent CONSULTANT represents that it is an independent contractor and is not an employee of the CITY. 10.2 Indemnification CITY hereby agrees to indemnify, pay for defense, and hold CONSULTANT harmless from and against any and all losses, damages, settlements, costs, charges, or other expenses or liabilities of every kind and character arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings, or causes of action of every kind and character relating to the negligent acts, errors, and/or omissions of the CITY, its employees, agents and third parties who perform any of the services of CITY hereunder, and anyone else for whose acts the CITY is responsible under this contract. CONSULTANT hereby agrees to indemnify, pay for defense, and hold the CITY harmless from and against any and all losses, damages, settlements, costs, charges, or other expenses or liabilities of every kind and character arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings, or causes of action of every kind and character relating to the negligent acts, errors, and/or omissions of CONSULTANT, its employees, agents and third parties who perform any of the services of CONSULTANT hereunder, and anyone else for whose acts CONSULTANT is responsible under this contract. 10.3 Interpretation Interpretation and enforcement of this Contract shall be in accordance with the laws of the State of Wisconsin. 10.4 Notices Written notices may be delivered in person or by certified mail, or by facsimile, or by courier. All notices shall be effective upon the date of receipt by the party. Notices shall be delivered or sent to the designated representative of the other party at the address given on the last page of this Contract. An address may only be changed by written notice. 10.5 Applicable Law If applicable to this Contract, CONSULTANT will comply with the requirements of: 10.5.1 The Equal Employment Opportunity clause in Section 202 of Executive Order 11246, as amended. 10.5.2 Utilization of Small and Disadvantaged Business Concerns (Public Law 95-507), and 10.5.3 All other federal, state and local laws and regulations or orders issued under such laws. 10.6 Entire Agreement This Contract, including any schedules, attachments and referenced documents, is the entire agreement between the CITY and the CONSULTANT. Any prior or contemporaneous agreements, promises, negotiations or representations not expressly stated herein are of no force and effect. Any changes to this Contract shall be in writing and signed by the CITY and CONSULTANT. JT ENGINEERING, INC -4- 10.7 Execution Authority This Contract is a valid and authorized undertaking of the CITY and CONSULTANT. The representatives of the CITY and CONSULTANT who have signed below have been authorized to do so. IN WITNESS WHEREOF, the parties hereto have made and executed this Contract as of the day and year shown on the cover page. JT Engineering, Inc. City of Verona 6325 Odana Road, Suite 2 111 Lincoln Street Madison, WI 53719 Verona, WI 53593 By: By: Doug Sina, PE Luke Diaz, Mayor President Date: 4/27/2021 Date By: By: Ellen Clark, City Clerk Date: Date JT ENGINEERING, INC -5-  SCOPE OF SERVICES COMMENTARY PROJECT: The Woods at Cathedral Point Phase II CITY OF VERONA, DANE COUNTY GENERAL – This is a subdivision development project that will include earthwork, aggregate base course, installation of sanitary sewer, water main, and storm sewer utilities, ancillary concrete, and HMA paving. The expected scope of the construction work is assumed to generally follow the plans prepared by D’Onofrio Kottke and Associates, Inc. For the estimate of construction engineering costs, the scope is as follows: A. Inspection – Construction oversight and inspection to verify that the construction complies with the plans and specifications. Inspection staff will provide a daily report to the City documenting details about the work that was completed. Inspector’s daily reports will be filed on Microsoft Teams and shared with the City. Full-time inspection based on a 5-day work week (Monday – Friday) is anticipated as attached in the Estimated Construction Inspection Schedule. B. Survey – Verification survey for use in as-built drawings and for the City’s Geographic Information System. No project staking by JT staff is included, as this is the responsibility of others. JT will supply a dedicated GPS unit for data collection of underground utilities and as directed by the City. C. Project Records – The following project records will be completed and submitted to the City of Verona at the conclusion of the project: 1. As-built plan set depicting the actual construction of the project and any significant plan changes 2. Review of shop drawings 3. Materials records and documentation submittals from the contractor 4. Project diaries including project photos City of Verona Estimated Construction Inspection Schedule The Woods at Cathedral Point Project Project Project Classification Project Engineer Manager Engineer II Administrator Accountant Hourly Wage $95.00 $120.00 $113.50 $140.00 $99.00 Hours Hours Hours Hours Hours Hours Hours Hours Week Begin Week End Number of Weeks Sunday Saturday 4-Apr-21 10-Apr-21 11-Apr-21 17-Apr-21 18-Apr-21 24-Apr-21 25-Apr-21 1-May-21 2-May-21 8-May-21 9-May-21 15-May-21 16-May-21 22-May-21 23-May-21 29-May-21 44 1 1 0.5 0.5 30-May-21 5-Jun-21 40 1 6-Jun-21 12-Jun-21 47 1 13-Jun-21 19-Jun-21 47 1 20-Jun-21 26-Jun-21 47 1 27-Jun-21 3-Jul-21 47 1 4-Jul-21 10-Jul-21 47 1 11-Jul-21 17-Jul-21 47 1 18-Jul-21 24-Jul-21 47 1 25-Jul-21 31-Jul-21 47 1 1-Aug-21 7-Aug-21 40 1 8-Aug-21 14-Aug-21 40 1 15-Aug-21 21-Aug-21 40 1 22-Aug-21 28-Aug-21 40 1 29-Aug-21 4-Sep-21 40 1 5-Sep-21 11-Sep-21 12-Sep-21 18-Sep-21 19-Sep-21 25-Sep-21 26-Sep-21 2-Oct-21 0.5 0.5 3-Oct-21 9-Oct-21 10-Oct-21 16-Oct-21 17-Oct-21 23-Oct-21 24-Oct-21 30-Oct-21 31-Oct-21 6-Nov-21 Totals 660 15 1 1 1 0 0 0 Cost $62,700.00 $1,800.00 $113.50 $140.00 $99.00 $0 $0 $0 Mileage Meals Total Estimated Contract Amount $64,852.50 Page 1/1