Public Works, Sewer and Water

CITY OF VERONA PUBLIC WORKS/SEWER & WATER COMMITTEE AGENDA MONDAY, AUGUST 8, 2022 5:00 P.M. VERONA CITY CENTER, ROOM D122 111 LINCOLN STREET VERONA, WI 53593 Agenda Items 1. Call to order. 2. Roll call. 3. Approval of the minutes of the July 11, 2022 meeting of the Public Works/Sewer and Water Committee. 4. Discussion and action regarding Public Works Policy No. 3 - rain barrel rebate. 5. Discussion and action regarding water main easement at 101 Prairie Heights Drive. 6. Discussion and action regarding Change Order No. 1 with Municipal Well & Pump for Well 6 Study. 7. Discussion and action regarding professional services agreement with JT Engineering for construction engineering services at Woods at Cathedral Point Phase 4. 8. Discussion and action regarding amendment of Title 9, Chapter 2 (Sewer Utility Regulations and Rates) of City of Verona ordinance number 22-1012. 9. Discussion and action regarding Resolution R-22-035, Amending Stormwater Utility billing rate. 10. 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 Verona 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, JULY 11, 2022 1. The meeting was called to order by Mr. Touchett at 5:07pm. 2. Roll Call: Present: Evan Touchett, Mara Helmke, Rye Kimmett. Also present: Theran Jacobson, Director of Public Works; Carla Fischer, AECOM. 3. MOVED by Touchett, seconded by Helmke, to approve the minutes of the June 13, 2022, meeting of the Public Works/Sewer and Water Committee. Motion carried 3-0. 4. DISCUSSION regarding generator at Well 2. No action taken. Jacobson noted the following: Well 2 has been offline for a scheduled rehabilitation. Well 2 previously had a direct drive natural gas powered generator which is believed to have been part of the initial construction in 1959. As part of the rehabilitation process the generator was removed and the age of the backup generation was evident and parts unavailable to reinstall. Communication occurred with the contractors working on the well rehab and vendors to determine the best course of action for backup power at this site. Quotes were received and staff recommends the all-inclusive quote from Pieper Power to have all work completed by one entity in the estimate amount of $139,713 5. DISCUSSION regarding mixer at Country View pumping station. No action taken. Jacobson noted the following: A mixer at the country view lift station is recommended by City and Madison Metropolitan Sewerage District (MMSD) staff. MMSD monitors, operates, and maintains the two City owned sanitary pumping stations. Grease accumulation creates challenges in the wet well during low flow times when it solidifies which creates a mat on the surface. The grease mat inadvertently creates false alarms and staff responses. Grease trap efficiency is approximately 85% therefore grease accumulation will always be present and needs to be managed and the agreed upon approach is the mixer. The quote for the mixer is estimated at $64,616 but is being verified with revised numbers. 6. DISCUSSION regarding rain barrel rebate. Touchett noted he would like to encourage rain barrel usage and proposed a rebate of $30 per barrel and kit. Kimmett stated she thinks the rebate should be capped at four per household. Committee thinks the City should cap all total rebates at $5,000/year. Committee thinks rebate application should include receipts, photo of rain barrels installed, and should be submitted to the City within three weeks of installation. City Staff is advised to create a proposed policy for committee review. No action taken. 7. MOVED by Touchett, seconded by Helmke, to adjourn at 5:35pm. 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: August 8, 2022 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) Public Works Policy No. 3 - Rain barrel rebate. City staff has drafted the rain barrel rebate policy after discussion at the July 11, 2022 PWS&W Committee occurred where the committee supported updating and increasing the amount of the rebate. Item (5) Water main easement at 101 Prairie Heights Drive. The water main easement at 101 Prairie Heights Drive is for the installation of a new water main as part of the project. The easement was drafted by City staff and reviewed by the City Attorney. The Developer has accepted the conditions and has executed the easement document. The easement ultimately outlines the conditions and protects the asset. Once approved the easement will be recorded. Item (6) Change Order No. 1 with Municipal Well & Pump for Well 6 Study. Municipal Well has completed the initial work at Well 6. Change order no. 1 is to rectify final quantities. The net increase of the change order is $952.21 bringing the total contract value to $180,572.21. Item (7) Professional services agreement with JT Engineering for construction engineering services at Woods at Cathedral Point Phase 4. This agreement is for construction engineering / inspection services at “Woods at Cathedral Point” for the Phase 4 public improvements. JT Engineering has / is also performing the construction engineering / inspection services for the three previous phases. 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 $53,085.00. This agreement shall be contingent upon legal counsel review of the contract language and approval of the Developer Agreement for Phase 4. Item (8) Amendment of Title 9, Chapter 2 (Sewer Utility Regulations and Rates) of City of Verona ordinance number 22-1012. City staff engaged with our auditors Baker Tilly to prepare a sewer rate study. The sewer rates are monitored annually and MMSD pass-through increases are implemented. The last increase Page 1 / 3  Meeting Date: August 8, 2022 PW/S&W Committee Memo was completed for Q1 of 2021. The 2022 MMSD pass-through was not implemented as staff wanted to complete this financial forecast. The forecast is based upon an increase in necessary revenue to support the operation and capital needs of the utility. The rate study was presented to the Public Works and Utilities Committee on June 13, 2022. No action was taken by the committee but supported the stepped rate increase proposal and directed staff to prepare the ordinance to make the rate change. The approximate utility quarter start dates are as follows: • Quarter 1 – 12/16/YYYY • Quarter 2 – 3/16/YYYY • Quarter 3 – 6/16/YYYY • Quarter 4 – 9/16/YYYY The proposed sewer rates are as follows: Current Rate Q4 2022 Q1 2023 Q1 2024 Residential Fixed $41.65 / qtr or $43.49/ qtr or $47.84 / qtr or $50.48 / qtr or Rate $166.60 / annual $166.60 / annual $166.60 / annual $166.60 / annual Volumetric Rate $4.29 $4.40 $4.84 $5.11 ($ / 1000 gallons) Below is an example of the rate increase to a residential property that uses 16 units of water a quarter (16,000 gallons). Residential Cost Example Current Q4 - 2022 Q1 - 2023 Q1 - 2024 Fixed Rate 5/8" or 3/4" $ 41.65 $ 43.49 $ 47.84 $ 50.48 Volumetric Rate per 1000 gallons $ 4.29 $ 4.40 $ 4.84 $ 5.11 Quarterly Bill = $ 110.29 $ 113.89 $ 125.28 $ 132.24 Item (9) Resolution R-22-035, Amending Stormwater Utility billing rate. City staff engaged with our auditors Baker Tilly to prepare a stormwater rate study. The current storm water utility rate is $66 per Equivalent Residential Unit per year. This rate was increased from $53 on October 1, 2018 per Resolution R-18-046. The forecast is based upon an increase in necessary revenue to support the operation and capital needs of the utility. The rate study was presented to the Public Works and Utilities Committee on June 13, 2022. No action was taken by the committee but supported the stepped rate increase proposal and directed staff to prepare the resolution to make the rate change. Page 2 / 3  Meeting Date: August 8, 2022 PW/S&W Committee Memo The proposed storm rates are as follows: Year Current Q4 – 2022 Q1 – 2023 Q1 – 2024 Rate $66 / ERU / $69 / ERU / $77 / ERU / $85 / ERU / year year year year The approximate utility quarter start dates are as follows: • Quarter 1 – 12/16/YYYY • Quarter 2 – 3/16/YYYY • Quarter 3 – 6/16/YYYY • Quarter 4 – 9/16/YYYY Page 3 / 3  PW‐003 CITY OF VERONA DEPARTMENTAL POLICY Department Public Works & Utilities Division Stormwater Utility Author: Theran Jacobson PW, Sewer & Water Policy Number PW‐003 8‐8‐2022 Committee Approval Subject Rain Barrel Rebate Revision # / Date No. 0 / 8‐2‐2022 1. Purpose a. To reduce stormwater run‐off and to conserve water by encouraging the installation of rain barrels on private property. 2. Eligibility a. Residential, Commercial, and Industrial properties that install a minimum of a 35‐gallon capacity rain barrel which collects rainwater from impervious areas, including roofs. There will be a limit for each eligible property as follows: i. Maximum of four rebates per address over the life of the program, with a rebate given for every 35 gallons of capacity. b. Program maximum per year will be $5,000 funded by the Stormwater Utility starting in 2023. Eligibility will be on a first‐come first‐served basis, by date of the fully completed rebate application received by City staff. If an application is determined to be incomplete by staff, the required additional information will be requested by staff to the applicant. Once funds are expended for the year no further rebates will be granted during that calendar year. c. Complete application should be submitted no more than three months after date on receipt for rain barrel and/or conversion kit purchase. Complete reimbursement application includes the following: i. Filled out reimbursement request ii. Legible receipt of purchase iii. Photos of completed installation 3. Claims Process and Reimbursement a. The Rain Barrel Rebate form must be completed and submitted to the utility as stated on the form, along with a copy of the receipt (if purchased), and a photo of the installed rain barrel. Homemade rain barrels may also qualify. b. Utility personnel may verify the rebate request qualifies according to eligibility in section 2. c. If qualifying, and if the maximum has not been reached, either per property or annual limits for the program, a responding one‐time credit will be placed on the stormwater utility account of the service address. Page 1 / 2  PW‐003 4. Photo permission a. By requesting a rain barrel reimbursement request I hereby give the City of Verona permission to use the photo(s) of the installed rain barrel in their education outreach materials. Originally Drafted by: Kimberly Marshall Utility Clerk Originally Reviewed by: Theran Jacobson Director of Public Works Page 2 / 2 PERMANENT WATER MAIN EASEMENT City of Verona Prairie Heights Condominium Water Main IN CONSIDERATION OF the sum of one and 00/100 Dollar ($1.00) and other good and valuable consideration, receipt of which is hereby acknowledged, Prairie Heights Development, LLC (“Grantor”) hereby grants to the City of Verona (“Grantee”) the right to construct, operate, repair, replace and maintain a water main and any necessary appurtenance to provide potable water for consumption and fire protection uses in, above, under, and across the property of the undersigned. Said property is located in part of the SW ¼ of the SE ¼ of Section 22, Township 6 North, Range 8 East, Return to: City of Verona City of Verona, Dane County, Wisconsin (Grantor’s Property). 111 Lincoln Street Verona, WI 53593 Tax Parcel I.D.’s: 0608-224-9200-2 This right applies to the following described lands: Permanent Water Main Easement The permanent water main easement area is subject to the following terms and conditions: 1. A permanent water main easement area as shown on the attached map Exhibit A and described on Exhibit B is granted to the City of Verona. 2. Employees and contractors of the City of Verona shall have the right to enter upon the permanent water main easement area of the Grantor for purposes of planning, design, construction, maintenance, ingress access, and egress access. Access to the permanent water main easement area shall be from the east side of Locust Drive or the south side of Prairie Heights Drive. See Exhibit B for map for permanent water main easement area location. Other utilities may cross the permanent water main easement area perpendicular but shall not run parallel within the permanent water main easement area. 3. Prior to construction the curb stop stem shall be encased with a product that is detailed in the engineering plans approved by the City. Any damage and incidental damage to the curb stop, curb stop stem, and curb stop stem encasement done by others including but not limited to snow plowing, parking lot pavement maintenance or replacement shall be repaired and replaced to City standards at the Grantor (or successor) expense, including but not limited to any unit owners. 4. Initial Constriction of the Water Main Improvements. The permanent water main easement area is unimproved as of the date of this Agreement. Grantor shall be solely responsible, at its sole cost and expense, for the initial construction and installation of the Page 1 / 4  Tax Parcel I.D.’s: 0608-224-9200-2 water main improvements and facilities (collectively, “Water Main Improvements”) to be constructed and installed within the permanent water main easement area pursuant to the plans approved by the City Engineer, and in accordance with applicable statutes, regulations, ordinances, and corresponding governmental approvals and permits, which shall include review and approval of the construction and installation plans by Grantor (collectively, “Legal Requirements”). 5. Maintenance and Repair of Water Main Improvements. Upon completion of the initial construction and installation of the Water Main Improvements by Grantor and acceptance of the Water Main Improvements by the Grantee in accordance with the City Engineer approvals, Grantee shall thereafter be responsible, at its sole cost and expense, for all maintenance, repair and replacement of the Water Main Improvements; except as noted it section 3. After construction is completed the City of Verona shall have the right to enter upon the lands of the Grantor for purposes of operation, maintenance, repair, replacement, ingress access, egress access, access to adjoining permanent easement areas, or alteration of the water main. Following the completion of any such work, the City of Verona at its sole expense shall restore the surface of the land to its condition prior to the commencement of the work. 6. As a condition of this permanent water main easement area, no fences, trees, buildings or permanent structures shall be built in the permanent water main easement area. The property owner shall be fully responsible for the expense removing or demolishing any fences, trees, buildings or permanent structures placed within the permanent water main easement area and will not be entitled to any reimbursement from the City of Verona. If such fences, trees, buildings or permanent structures are not removed by Grantor, Grantee has the right to remove such fences, trees, buildings or permanent structures and all costs shall be charged to Grantor (or successor) including but not limited to any unit owners. Permanent structures do not mean roads, parking lots, or temporary storage buildings that could be removed or torn down in case of an emergency. The City of Verona will not build any structures or parking areas within the permanent water main easement area. 7. Following installation of the water main, no permanent grade changes (additional overburden or excavation cuts) shall be placed within the permanent water main easement area without first obtaining approval of the City of Verona. The Grantor Property is subject to the following terms and conditions: 1. In addition to the permanent water main easement area, the Grantee, and its agents, employees and contractors shall have a perpetual, limited right and license of ingress and egress over and across the Grantor Property as reasonably necessary for purposes of operation, maintenance, repair or replacement of the Water Main Improvements, and to perform any other obligation or exercise any of the other rights of the Grantee set forth in this Agreement, subject to the Grantee’s obligation to use reasonable efforts to limit entry to the Grantor Property to the extent reasonably necessary to exercise the specific rights, and perform the specific obligations, of this Agreement. Page 2 / 4  Tax Parcel I.D.’s: 0608-224-9200-2 End of Conditions. Signature page to follow. Page 3 / 4  Tax Parcel I.D.’s: 0608-224-9200-2 This easement is binding upon the heirs, successors and assigns of the parties hereto. Signed this ______ day of ______________, 20____ . Witnessed in the Presence of: By __________________________________ ___________________________________ ...............(authorized signature) Witnessed by By __________________________________ ___________________________________ ...............(authorized signature) Witnessed by Company Signature Block Use company signature block section only if needed ____________________________________ Attest ______________________________ ...............(Company Name) (Signature) By _________________________________ ___________________________________ ...............(Signature) (Typed/Printed Name) ____________________________________ ...............(Company Title) ACKNOWLEDGEMENT (by a Notary Public) STATE OF WISCONSIN ) )ss.: County of ______________) Signed or attested before me this ________ day of _________________, 20_____, __________________________________________________________________, (name(s) of person(s)) the above named, known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) who executed the foregoing instrument and acknowledged the same. ___________________________ Notary Public, Dane County, Wisconsin My Commission Expires:______________ Drafted by the: City of Verona Public Works Department 410 Investment Court Verona, WI 53593 Page 4 / 4  EXHIBIT A Blue Ridge Madison, LLC 4698 Sunset Ridge Drive Middleton, WI 53562 20’ WIDE WATER MAIN EASEMENT Legal Description Part of Lot 1, Certified Survey Map No. 9171, Recorded in Volume 51 of Certified Survey Maps, Pages 295-299, as Document No. 3069277, located in the Southwest Quarter of the Southeast Quarter of Section 22, Township 06 North, Range 08 East, City of Verona, Dane County, Wisconsin, more particularly described as follows: Commencing at the South Quarter Corner of Section 22, aforesaid; thence North 00 degrees 26 minutes 06 seconds East along the West line of the Southeast Quarter, aforesaid, a distance of 496.16 feet; thence South 89 degrees 33 minutes 54 seconds East, 33.14 feet to a point on the East right-of-way line of Locust Drive, also being the Point of Beginning; thence North 00 degrees 25 minutes 50 seconds East along said line, 20.00 feet; thence South 89 degrees 33 minutes 53 seconds East, 12.06 feet; thence South 43 degrees 51 minutes 33 seconds East, 22.51 feet; thence South 89 degrees 37 minutes 30 seconds East, 195.49 feet; thence South 72 degrees 28 minutes 49 seconds East, 57.45 feet; thence North 61 degrees 36 minutes 19 seconds East, 4.52 feet; thence North 18 degrees 20 minutes 54 seconds East, 60.23 feet; thence North 16 degrees 13 minutes 52 seconds West, 44.25 feet to the curving Southerly right-of-way line of Prairie Heights Drive; thence Southeasterly 23.49 feet along an arc of a curve to the right, having a radius of 367.00 feet, the chord bears South 74 degrees 36 minutes 16 seconds East, 23.49 feet; thence South 16 degrees 13 minutes 52 seconds East, 38.16 feet; thence South 18 degrees 20 minutes 54 seconds West, 74.39 feet; thence South 61 degrees 36 minutes 19 seconds West, 20.92 feet; thence North 72 degrees 28 minutes 49 seconds West, 62.91 feet; thence North 89 degrees 37 minutes 30 seconds West, 200.92 feet; thence North 43 degrees 51 minutes 33 seconds West, 22.52 feet; thence North 89 degrees 32 minutes 53 seconds West, 3.63 feet to the Point of Beginning. Said easement contains 8,203 square feet or 0.188 acres. I:\2021\2110967\03 Survey\Working Files - Survey\2022-06-20 Exhibit WM\LD 2110967 WM Easement(2022-06-20).docxx  EXHIBIT B PRAIRIE HEIGHTS DRIVE ------------------------------------- LOCUST DRIVE 20' EASEMENT ----------------------- BLUE RIDGE MADISON, LLC 20' WIDE WATER MADISON REGIONAL OFFICE MAIN EASEMENT 161 HORIZON DRIVE, SUITE 101 VERONA, WISCONSIN 53593 P. 608-848-5060 7-28-22  CONTRACT AGREEMENT BETWEEN JT ENGINEERING, INC. AND THE CITY OF VERONA This Contract Agreement is made and entered into this 3rd day of August 2022 by and between THE CITY OF VERONA, hereinafter referred to as the CITY, and JT Engineering, Inc. 281 W. Netherwood Road, Suite 1, Oregon, WI 53575, 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 August 22, 2022 and shall be completed by June 1, 2023. 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 $108.00(1) Project Manager $138.00 Project Administrator $150.00 Accountant $105.00 (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 $53,085.00 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. 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. JT ENGINEERING, INC -1-  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 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. JT ENGINEERING, INC -2-  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. 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: JT ENGINEERING, INC -3-  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 281 W. Netherwood Road, Suite 1 111 Lincoln Street Oregon, WI 53575 Verona, WI 53593 By: By: Doug Sina, PE Luke Diaz, Mayor President Date: 8/3/2022 Date By: By: Holly Licht, City Clerk Date: Date JT ENGINEERING, INC -5-  SCOPE OF SERVICES COMMENTARY PROJECT: Woods at Cathedral Point Phase 4 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. 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 Sugar Creek Elementary Project Project Classification Project Engineer Manager Administrator Accountant Hourly Wage $108.00 $138.00 $150.00 $105.00 Hours Hours Hours Hours Hours Hours Hours Week Begin Week End Sunday Saturday 14-Aug-22 20-Aug-22 20 1.5 0.5 0.5 21-Aug-22 27-Aug-22 50 1.5 28-Aug-22 3-Sep-22 50 1.5 4-Sep-22 10-Sep-22 50 1.5 11-Sep-22 17-Sep-22 50 1.5 18-Sep-22 24-Sep-22 50 1.5 25-Sep-22 1-Oct-22 50 1.5 2-Oct-22 8-Oct-22 50 1.5 9-Oct-22 15-Oct-22 16-Oct-22 22-Oct-22 23-Oct-22 29-Oct-22 30-Oct-22 5-Nov-22 6-Nov-22 12-Nov-22 13-Nov-22 19-Nov-22 20-Nov-22 26-Nov-22 27-Nov-22 3-Dec-22 4-Dec-22 10-Dec-22 11-Dec-22 17-Dec-22 18-Dec-22 24-Dec-22 25-Dec-22 31-Dec-22 1-Jan-23 7-Jan-23 8-Jan-23 14-Jan-23 15-Jan-23 21-Jan-23 22-Jan-23 28-Jan-23 29-Jan-23 4-Feb-23 5-Feb-23 11-Feb-23 12-Feb-23 18-Feb-23 19-Feb-23 25-Feb-23 26-Feb-23 4-Mar-23 5-Mar-23 11-Mar-23 12-Mar-23 18-Mar-23 19-Mar-23 25-Mar-23 26-Mar-23 1-Apr-23 50 1.5 2-Apr-23 8-Apr-23 50 1.5 9-Apr-23 15-Apr-23 16-Apr-23 22-Apr-23 0.5 0.5 Totals 470 15 1 1 0 0 0 Cost $50,760.00 $2,070.00 $150.00 $105.00 $0 $0 $0 Total Estimated Contract Amount $53,085.00 Page 1/1  ORDINANCE NO. 22-1012 AN ORDINANCE AMENDING TITLE 9, CHAPTER 2 OF THE CODE OF ORDINANCES, CITY OF VERONA, WISCONSIN The Common Council of the City of Verona, Dane County, Wisconsin, do ordain that Title 9, Chapter 2 (Sewer Utility Regulations and Rates), of the Code of Ordinances, City of Verona, Wisconsin is amended as follows: 1. The schedule in Section 9-2-3(b) is amended to read as follows: Charge Charge Charge as of 9-16-22 as of 12-16-22 as of 12-16-23 5/8” or 3/4” meter $43.49 $47.84 $50.48 1” meter $78.04 $85.84 $90.59 1 1/2” meter $135.63 $149.19 $157.45 2” meter $203.72 $224.09 $236.48 3” meter $364.97 $401.47 $423.68 4” meter $594.28 $653.71 $689.88 6” meter $1,167.09 $1,283.80 $1,354.82 8” meter (and greater) $1,855.08 $2,040.59 $2,153.47 2. Section 9-2-3(c) is amended to read as follows: (c) Volume Charge. In addition to the minimum charge based on meter size, there shall be a charge for all flow based on water usage through the application of a fee for each one thousand (1,000) gallons used. The volume charge shall be as follows: (1) Effective 9/16/2022: $4.40/1,000 gallons. (2) Effective 12/16/2022: $4.84/1,000 gallons. (3) Effective 12/16/2023: $5.11/1,000 gallons. 3. The schedule in Section 9-2-3(d)(3) is amended to read as follows: Total surcharge Effective 9/16/2022 For BOD (in excess of 200 mg/l) $.25/lb. For Suspended Solids (in excess of 250 mg/l) $.37/lb. For TKN (in excess of 40 mg/l) $.83/lb. For Phosphorous (in excess of 10 mg/l) $5.10/lb. 1  Total surcharge Effective 12/16/2022 For BOD (in excess of 200 mg/l) $.27/lb. For Suspended Solids (in excess of 250 mg/l) $.41/lb. For TKN (in excess of 40 mg/l) $.91/lb. For Phosphorous (in excess of 10 mg/l) $5.61/lb. Total surcharge Effective 12/16/2023 For BOD (in excess of 200 mg/l) $.29/lb. For Suspended Solids (in excess of 250 mg/l) $.43/lb. For TKN (in excess of 40 mg/l) $.96/lb. For Phosphorous (in excess of 10 mg/l) $5.92/lb. The foregoing ordinance was duly adopted by the Common Council of the City of Verona at a meeting held on August 8, 2022. CITY OF VERONA _______________________________ Luke Diaz, Mayor (seal) ATTEST: _______________________________ Holly Licht, City Clerk ENACTED: ________________________ PUBLISHED: ________________________ 2  CITY OF VERONA RESOLUTION NO. R-22-035 MODIFICATION OF STORM WATER UTILITY CHARGE Recitals A. Pursuant to Wis. Stat. § 66.0821 and Title 9, Chapter 5 of the Code of Ordinances, City of Verona, Wisconsin (the “City Code”), the City of Verona Storm Water Utility manages storm water and other surface water discharges within and beyond the City. B. Pursuant to Wis. Stat. § 66.0821 and Section 9-5-4 of the City Code, the Storm Water Utility is authorized to impose a storm water utility charge on all developed property within the City to recover all or a portion of the costs of the Storm Water Utility. The amount of charge shall be based on a rate per equivalent runoff unit (ERU). C. Under 9-5-4 of the City Code, the rate per ERU shall be established pursuant to further resolution of the Common Council and shall be fair and reasonable. A schedule of current rates shall be maintained and on file in the office of the City Clerk. D. To determine the appropriate amount of the storm water utility charge, the Storm Water Utility retained Baker Tilly to complete a rate study (the “Rate Study”). The Rate Study is dated June 30, 2022 and is on file at the Storm Water Utility. E. The Rate Study concluded that the appropriate annual rate per ERU is as follows: starting in Quarter 4, 2022 (September 16, 2022), $69; starting in Quarter 1, 2023 (December 16, 2022), $77; starting in Quarter 1, 2024 (December 16, 2023), $85. Resolution NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Verona, Dane County, Wisconsin, do resolve as follows: 1. The representations and recitations set forth in the 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. 2. The Rate Study is hereby approved and adopted. 1 3. Per the Rate Study, the annual rate per ERU for the storm water utility charge shall be as follows: (a) Effective September 16, 2022, $69. (b) Effective December 16, 2022, $77. (c) Effective December 16, 2023, $85. The above and foregoing Resolution was adopted at a meeting of the City of Verona Common Council on August 8, 2022. By: _____________________________ Luke Diaz, Mayor ATTEST: By: _____________________________ Holly Licht, City Clerk 2