Public Works, Sewer and Water

CITY OF VERONA PUBLIC WORKS/SEWER & WATER COMMITTEE AGENDA MONDAY, SEPTEMBER 12, 2022, 5:15 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 August 8, 2022 meeting of the Public Works/Sewer and Water Committee. 4. Discussion and action regarding professional services agreement with MSA for Project ID 2022-113 CTH PD CTH PD / Northern Lights Intersection, land acquisition. 5. Discussion and action regarding professional services agreement with Compass Land Consultants, Inc. for Project ID 2022-113 CTH PD / Northern Lights Intersection, land appraisals. 6. Discussion and action regarding Change Order No. 1 for Project 2022-102 Verona Pavement Surface Treatment. 7. Discussion and action regarding Change Order No. 1 for Project 2020-116 CTH M / CTH PB Intersection expansion. 8. Discussion and action regarding professional services agreement with JT Engineering for Construction Engineering at Kettle Creek North Phase 5. 9. Discussion and action regarding professional services agreement with JT Engineering for Construction Engineering at Liberty Business Park for Ambition Street Extension. 10. Discussion regarding other capital projects. 11. 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, AUGUST 8, 2022 1. The meeting was called to order by Mr. Touchett at 5:03pm. 2. Roll Call: Present: Evan Touchett, Mara Helmke, Rye Kimmett entered at 5:08pm. Also present: Theran Jacobson, Director of Public Works; Carla Fischer, City Engineer, AECOM. 3. MOVED by Touchett, seconded by Helmke, to approve the minutes of the July 11, 2022, meeting of the Public Works/Sewer and Water Committee. Motion carried 2-0. 4. MOVED by Helmke, seconded by Kimmett, to approve Public Works Policy No. 3 – rain barrel rebate. Motion carried 3-0. 5. MOVED by Touchett, seconded by Helmke to recommend approval of water main easement at 101 Prairie Heights Dr. Motion carried 3-0. 6. MOVED by Touchett, seconded by Kimmett, to recommend approval of Change Order No. 1 with Municipal Well & Pump for Well 6 Study. Motion carried 3-0. 7. MOVED by Touchett, seconded by Kimmett, to recommend approval of the professional services agreement with JT Engineering for construction engineering services at Woods at Cathedral Point Phase 4, in the amount not to exceed $53,085.00. Motion carried 3-0. 8. MOVED by Touchett, seconded by Helmke, to recommend approval of amendment of Title 9, Chapter 2 (Sewer Utility Regulations and Rates) of City of Verona ordinance number 22-1012. Motion carried 3-0. 9. MOVED by Touchett, seconded by Helmke, to recommend approval of Resolution R-22-035, Amending Stormwater Utility billing rate. Motion carried 3-0. 10. MOVED by Touchett, seconded by Helmke, to adjourn at 5:27pm. 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: September 12, 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) Professional services agreement with MSA for Project ID 2022-113 CTH PD CTH PD / Northern Lights Intersection, land acquisition. This agreement is for land acquisition negotiations and documentation services for the future construction of an auxiliary lane and extension of the westbound left turn lanes on CTH PD at the intersection of Northern Lights Road. The contract shall not exceed $30,000. Item (5) Professional services agreement with Compass Land Consultants, Inc. for Project ID 2022-113 CTH PD / Northern Lights Intersection, land appraisals. This agreement / work order is for appraisal preparation services for the future construction of an auxiliary lane and extension of the westbound left turn lanes on CTH PD at the intersection of Northern Lights Road. The contract shall not exceed $15,000. Item (6) Change Order No. 1 for Project 2022-102 Verona Pavement Surface Treatment. Scott’s Construction has substantially completed the project. Liquidated Damages were applied to the contract for not substantially completing the project by July 15, 2022. 26 days were accessed totaling $13,000 which was acknowledged and accepted on Pay Application No. 2. Change order No. 1 is to rectify as-built quantities for the work required to complete the project. Additional quantities were identified in field by City staff prior to staring the work to complete intersections and wrap corners after field layout was completed. The contract notes are as follows: • Contract award value = $173,482.50 • Change order No. 1 = $6,736.24 (deduct) • Contract value after incorporating this change order = $166,719.26 Project closeout documentation has been requested from the Contractor to finalize the contract. Page 1 / 3  Meeting Date: September 12, 2022 PW/S&W Committee Memo Item (7) Change Order No. 1 for Project 2020-116 CTH M / CTH PB Intersection expansion. Change order No. 1 is to add additional items necessary to complete the work. The additions of certain items including but not limited to: a) Adjust sanitary manhole b) Drainage improvements along CTH M near Alliant c) Signal materials not supplied by vendors due to supply issues. Materials were supplied by contractor. d) Replace existing luminaires to LED e) Add fiber interconnect between signal at USH 18/151 eastbound ramps and CTH M / PB The contract notes are as follows: • Contract award value = $1,172,113.59 • Change order No. 1 = $7,357.00 (add) • Contract value after incorporating this change order = $1,179,470.59 An additional change order will be presented to rectify as-built quantities and close the project. Item (8) Professional services agreement with JT Engineering for construction engineering at Kettle Creek North Phase 5. This agreement is for construction engineering / inspection services at “Kettle Creek North” for the Phase 5 public improvements. JT Engineering has / is also performing the construction engineering / inspection services at other projects within the City. 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 $50,769.00. Item (9) Professional services agreement with JT Engineering for Construction Engineering at Liberty Business Park for Ambition Street Extension. This agreement is for construction engineering / inspection services on Ambition Street within Liberty Business Park. JT Engineering has / is also performing the construction engineering / inspection services at other projects within the City. 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 $37,221.00. Page 2 / 3  Meeting Date: September 12, 2022 PW/S&W Committee Memo Item (10) Updates on Capital Projects Director of public works and/or City Engineer will provide an update on Capital projects within the City of Verona. Page 3 / 3  Professional Services Agreement MSA Project Number 09286038 This AGREEMENT (Agreement) is made today 5/12/2022 by and between CITY OF VERONA (OWNER) and MSA PROFESSIONAL SERVICES, INC. (MSA), which agree as follows: Project Name: CTH PD/Northern Lights Rd Real Estate Acquisition The scope of the work authorized is: See attached scope of services The schedule to perform the work is: Approximate Start Date: 7/1/2022 Approximate Completion Date: 6/1/2023 The estimated base fee for the work: $30,000.00 All services shall be performed in accordance with the General Terms and Conditions of MSA, which is attached and made part of this Agreement. Any attachments or exhibits referenced in this Agreement are made part of this Agreement. All references to the OWNER in the General Terms and Conditions refer to the City of Verona. Payment for these services will be on a time and materials basis. Approval: Authorization to proceed is acknowledged by signatures of the parties to this Agreement. CITY OF VERONA MSA PROFESSIONAL SERVICES, INC. Theran Jacobson, P.E Quirin R. Klink City Project Manager, DPW Project Team Leader Date: Date: May 12, 2022 Beth A. Steinhauer Real Estate Acquisition Professional Date: May 12, 2022 111 Lincoln Street 1702 Pankratz Street Verona, WI 53593 Madison, WI 53704 Phone: 608-848-9941 Phone: 608/242-7779 Fax: 608-845-8613 Page 1 of 1 \\msa-ps.com\fs\Project\09\09286\09286038\Contract\09286038 PSA 5.9.22.docx  ATTACHMENT A: SCOPE OF SERVICES CTH PD/Northern Lights Rd Real Estate Acquisition City of Verona MSA Professional Services, Inc. (MSA) Project description: Beginning in summer or later of 2023, the City of Verona (City) is planning to reconstruct a portion of the intersection of CTH PD and Northern Lights Road to create a westbound free-flow movement (tunnel) from CTH PD to Northern Lights Road. The project is anticipated to require acquisition of 5 Fee taking and/or TLE parcels. No total-take parcels or relocations are anticipated. This Contract will include MSA performing acquisition services for up to five Fee/TLE parcels from current owners: Hexagon, Mauer, City, Church, and Nardi. The project is being designed by others and a plat developed by others. At this time there are only concept plans available and no draft plat prepared. For base cost estimating, the anticipated work effort at this time does not include utility releases, partial releases of mortgage or other services, but these additional services can be added later through contract amendment. It is assumed there are no off-premise signs to be coordinated. No part of the project, including construction, includes any state or federal funds. Therefore it is assumed no WisDOT or County or other state or federal agency oversight or involvement in the acquisition part of the work. If WisDOT, Dane County, or other state or federal agency is determined to have oversight or involvement in the acquisition part of the work, the coordination of such would be extra services. It is assumed that due to the relatively short timeframe to acquire, that appraisals will be used for all parcels to be acquired, except the City of Verona parcel. It is assumed the city’s separate appraisal company will supply a valuation based on the other appraisals, for use in donation documents. A. Project Schedule Construction is planned to begin in summer or later 2023. The minimum Completion Date for acquisition is normally 150 days after the start of the acquisition process depending on negotiated settlement. Condemnation would require additional time. April 1, 2023 is the target deadline for acquisition, assuming approved plat and filed Relocation Order by October 1, 2022. The start of the acquisition process will begin after receiving the signed agreement, and after receiving a copy of the final approved plat exhibit and the filed relocation order, expected to be prior to October 1, 2022. Delay of required documents or services by other parties, or additional services, including but not limited to: the filed Relocation Order beyond October 1, 2022, difficult negotiations, mortgage releases, title clearance issues, utility company delays, or condemnation, would potentially delay the acquisition deadline a similar amount. Page 1 of 3 (Attachment A: Scope of Services) \\msa-ps.com\fs\Project\09\09286\09286038\Contract\09286038 PSA 5.9.22.docx  B. Real Estate Acquisition Scope of Services: The Real Estate Acquisition Services will follow the Federal Uniform Relocation Act and Wisconsin State Statutes. Due to 100% local funding, the process will not be required to follow the WisDOT LPA R/E Manual requirements. 1. Review the Title Search Reports for the five parcels, supplied by the city (by others). 2. The city will provide a plat and legal descriptions for the five parcels (by others). The MS Word descriptions will correlate to the plat. Legal descriptions are required for the conveyance documents. 3. Prepare introduction letters to be approved by the City that will be mailed to the property owners along with the Owner’s Rights brochure and information on the project, including: a. Introducing the appraiser and expected timeline for staking and appraisal (appraisal and staking by others) b. Contact information for the MSA project negotiator 4. Determine Values. The land will be appraised by others, not part of this contract. The city will provide the appraisals, by Compass Land Consultants Inc, to MSA. a. MSA will review the appraisals and prepare the Appraisal Objective Reviews and Offering Price Report document for review and approval by the City. The procedures for approving the offers and payment will be coordinated with the City. b. Attend Meeting with City staff or Council to explain the offering price report and appraisals, if requested by City. One meeting is estimated. 5. Negotiations a. Create parcel files and the owner’s packet of documents concurrently with the Appraisals and Offering Price Report being approved. The files will include the Negotiation Diary, Offer Letter, conveyance document with legal description, Statement to the Construction Engineer, and W-9 Form for acquisition exceeding $600. b. Send offer packages by Certified Mail to the landowners, soon after Appraisal and Offering Price Report are approved. c. Provide follow-up call to landowners to answer questions regarding the information provided. One meeting will be scheduled with each Parcel owner as requested to address concerns regarding the project. Meeting with landowners are anticipated to be held locally in the Verona/Dane County area. d. When a negotiated settlement has been reached, a payment request will be provided to the City. MSA will distribute the check to the landowner. Prepare negotiation diary to document coordination with the landowner. e. Mail signed conveyance document to Dane County Register of Deeds with request to invoice the City Engineering Department directly. If this is not possible, MSA will invoice the City for this separate recording fee. f. Regular updates will be provided to keep the City informed of the progress and any negotiation issues. g. If payment is greater than $600, the City will complete federal form 1099-S for distribution. h. This scope is based on obtaining a negotiated settlement. i. If a negotiated settlement can’t be reached based on the appraisal, MSA can then prepare the Jurisdictional Offer, Lis Pendens and Award of Damages for signature and delivery by the City, as an extra service. We anticipate the City’s Attorney will handle the condemnation proceeding after the Award of Damages. 6. Attend other meetings with City staff, if requested by City. Attendance at one meeting is assumed in the base cost estimate. Page 2 of 3 (Attachment A: Scope of Services) \\msa-ps.com\fs\Project\09\09286\09286038\Contract\09286038 PSA 5.9.22.docx 7. Extra Services not included in scope of the base estimated costs: a. Review owner’s 2nd appraisal, if any. b. Services if a negotiated settlement can’t be reached. c. Services related to preparing the Jurisdictional Offer, Lis Pendens and Award of Damages for signature and delivery by the City. d. No encroachments, utility release, or Partial Releases of Mortgage are included in the base scope. e. Difficult negotiations with any landowner requiring more than one meeting. f. Update title search. g. Should the right of way exhibit be revised and any changes made to the parcel already acquired by MSA, or where significant progress has been made, the parcel will be considered to be a new parcel and would be extra services. Right of way exhibit changes have the potential to delay the acquisition delivery schedule. The acquisition agents normally require a minimum of 120 days between the time the offer is presented to the landowners and title is acquired, in order to meet the project schedule. 8. Services Provided by client a. Timely approvals of introduction letters, appraisals, offering price report, and parcel payment with check are critical to keeping the project on schedule and obtaining the parcel by the city’s desired acquisition date. b. Property information including: contact and tax information. c. File Relocation Order. d. Prepare Federal 1099-S Form for fee parcel, if payment is greater than $600. Page 3 of 3 (Attachment A: Scope of Services) \\msa-ps.com\fs\Project\09\09286\09286038\Contract\09286038 PSA 5.9.22.docx  ATTACHMENT B: RATE SCHEDULE CLASSIFICATION LABOR RATE Administrative ............................................................................................ $ 80 – $140/hr. Architects ................................................................................................... $ 65 – $190/hr. Community Development Specialists ......................................................... $125 – $150/hr. Digital Design ............................................................................................. $150 – $170/hr. Environmental Scientists/Hydrogeologists.................................................. $100 – $150/hr. Geographic Information Systems (GIS) ...................................................... $ 80 – $170/hr. Housing Administration .............................................................................. $ 80 – $140/hr. Inspectors/Zoning Administrators ............................................................... $ 95 – $120/hr. IT Support .................................................................................................. $150 – $170/hr. Land Surveying .......................................................................................... $ 85 – $170/hr. Landscape Designers & Architects............................................................. $ 85 – $190/hr. Municipal Advisor ....................................................................................... $150 – $190/hr. Planners..................................................................................................... $ 90 – $150/hr. Principals ................................................................................................... $170 – $300/hr. Professional Engineers/Designers of Engineering Systems ....................... $130 – $170/hr. Project Managers ....................................................................................... $135 – $230/hr. Real Estate Professionals .......................................................................... $120 – $130/hr. Staff Engineers .......................................................................................... $ 65 – $120/hr. Technicians................................................................................................ $ 85 – $130/hr. Wastewater Treatment Plant Operator ....................................................... $ 75 – $ 90/hr. REIMBURSABLE EXPENSES Copies/Prints .................................................................................... Rate based on volume Specs/Reports ....................................................................... $10 Copies ................................................................................... $0.20/page Plots ...................................................................................... $0.015/sq.in. Flash Drive ............................................................................ $10 GPS Equipment ................................................................................ $30/hour Laser Level ....................................................................................... $10/per day Mailing/UPS ...................................................................................... At cost Mileage – Reimbursement ................................................................ IRS Rate – IRS Rate + $5/day Mileage – MSA Vehicle ..................................................................... $0.70 mile Nuclear Density Testing .................................................................... $25.00/day + $10/test Organic Vapor Field Meter ................................................................ $100/day PC/CADD Machine ........................................................................... Included in labor rates Robotic Survey Equipment ................................................................ $40/hour Stakes/Lath/Rods.............................................................................. At cost Travel Expenses, Lodging, & Meals .................................................. At cost Traffic Counting Equipment & Data Processing................................. At cost Geodimeter ....................................................................................... $30/hour Drone Flight ...................................................................................... $390/flight Labor rates represent an average or range for a particular job classification. These rates are in effect until December 31, 2022. Page 1 of 1 (Attachment B: MSA Standard Rate Schedule) \\msa-ps.com\fs\Project\09\09286\09286038\Contract\09286038 PSA 5.9.22.docx  MSA PROFESSIONAL SERVICES, INC. (MSA) GENERAL TERMS AND CONDITIONS OF SERVICES (PUBLIC) 1. Scope and Fee. The quoted fees and scope of services constitute the best estimate of the fees and tasks required to perform the services as defined. This agreement upon execution by both parties hereto, can be amended only by written instrument signed by both parties. For those projects involving conceptual or process development service, activities often cannot be fully defined during initial planning. As the project progresses, facts uncovered may reveal a change in direction which may alter the scope. MSA will promptly inform the OWNER in writing of such situations so that changes in this agreement can be made as required. The OWNER agrees to clarify and define project requirements and to provide such legal, accounting and insurance counseling services as may be required for the project 2. Billing. MSA will bill the OWNER monthly with net payment due upon receipt. Past due balances shall be subject to an interest charge at a rate of 12% per year from said thirtieth day. In addition, MSA may, after giving seven days written notice, suspend service under any agreement until the OWNER has paid in full all amounts due for services rendered and expenses incurred, including the interest charge on past due invoices. 3. Costs and Schedules. Costs and schedule commitments shall be subject to change for delays caused by the OWNER's failure to provide specified facilities or information or for delays caused by unpredictable occurrences including, without limitation, fires, floods, riots, strikes, unavailability of labor or materials, delays or defaults, by suppliers of materials or services, process shutdowns, acts of God or the public enemy, or acts of regulations of any governmental agency. Temporary delays of services caused by any of the above which result in additional costs beyond those outlined may require renegotiation of this agreement. 4. Access to Site. Owner shall furnish right-of-entry on the project site for MSA and, if the site is not owned by Owner, warrants that permission has been granted to make planned explorations pursuant to the scope of services. MSA will take reasonable precautions to minimize damage to the site from use of equipment, but has not included costs for restoration of damage that may result and shall not be responsible for such costs. 5. Location of Utilities. Consultant shall use reasonable means to identify the location of buried utilities in the areas of subsurface exploration and shall take reasonable precautions to avoid any damage to the utilities noted. However, Owner agrees to indemnify and defend Consultant in the event of damage or injury arising from damage to or interference with subsurface structures or utilities which result from inaccuracies in information of instructions which have been furnished to Consultant by others. 6. Professional Representative. MSA intends to serve as the OWNER’s professional representative for those services as defined in this agreement, and to provide advice and consultation to the OWNER as a professional. Any opinions of probable project costs, reviews and observations, and other decisions made by MSA for the OWNER are rendered on the basis of experience and qualifications and represents the professional judgment of MSA. However, MSA cannot and does not guarantee that proposals, bid or actual project or construction costs will not vary from the opinion of probable cost prepared by it. 7. Construction. This agreement shall not be construed as giving MSA, the responsibility or authority to direct or supervise construction means, methods, techniques, sequence, or procedures of construction selected by the contractors or subcontractors or the safety precautions and programs incident to the work of the contractors or subcontractors. 8. Standard of Care. In conducting the services, MSA will apply present professional, engineering and/or scientific judgment, and use a level of effort consistent with current professional standards in the same or similar locality under similar circumstances in performing the Services. The OWNER acknowledges that "current professional standards" shall mean the standard for professional services, measured as of the time those services are rendered, and not according to later standards, if such later standards purport to impose a higher degree of care upon MSA. MSA does not make any warranty or guarantee, expressed or implied, nor have any agreement or contract for services subject to the provisions of any uniform commercial code. Similarly, MSA will not accept those terms and conditions offered by the OWNER in its purchase order, requisition, or notice of authorization to proceed, except as set forth herein or expressly agreed to in writing. Written acknowledgement of receipt, or the actual performance of services subsequent to receipt of such purchase order, requisition, or notice of authorization to proceed is specifically deemed not to constitute acceptance of any terms or conditions contrary to those set forth herein. 9. Construction Site Visits. MSA shall make visits to the site at intervals appropriate to the various stages of construction as MSA deems necessary in order to observe, as an experienced and qualified design professional, the progress and quality of the various aspects of Contractor's work. The purpose of MSA's visits to, and representation at the site, will be to enable MSA to better carry out the duties and responsibilities assigned to and undertaken by MSA during the Construction Phase, and in addition, by the exercise of MSA's efforts as an experienced and qualified design professional, to provide for OWNER a greater degree of confidence that the completed work of Contractor will conform in general to the Contract Documents and that the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents has been implemented and preserved by Contractor. On the other hand, MSA shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct or have control over Contractor's work nor shall MSA have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by Contractor, for safety precautions and programs incident to the work of Contractor or for any failure of Contractor to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor's furnishing and performing the work. Accordingly, MSA neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents. 10. Termination. This Agreement shall commence upon execution and shall remain in effect until terminated by either party, at such party's discretion, on not less than thirty (30) days' advance written notice. The effective date of the termination is the thirtieth day after the non-terminating party's receipt of the notice of termination. If MSA terminates the Agreement, the OWNER may, at its option, extend the terms of this Agreement to the extent necessary for MSA to complete any services that were ordered prior to the effective date of termination. If OWNER terminates this Agreement, OWNER shall pay MSA for all services performed prior to MSA's receipt of the notice of termination and for all work performed and/or expenses incurred by MSA in terminating Services begun after MSA's receipt of the termination notice. Termination hereunder shall operate to discharge only those obligations which are executory by either party on and after the effective date of termination. These General Terms and Conditions shall survive the completion of the services performed hereunder or the Termination of this Agreement for any cause. This agreement cannot be changed or terminated orally. No waiver of compliance with any provision or condition hereof should be effective unless agreed in writing and duly executed by the parties hereto. 11. Betterment. If, due to MSA’s error, any required or necessary item or component of the project is omitted from the construction documents, MSA’s liability shall be limited to the reasonable costs of correction of the construction, less what OWNER’S cost of including the omitted item or component in the original construction would have been had the item or component not been omitted. It is intended by this provision that MSA will not be responsible for any cost or expense that provides betterment, upgrade, or enhancement of the project. Page 2 of 7 (General Terms and Conditions) \\msa-ps.com\fs\Project\09\09286\09286038\Contract\09286038 PSA 5.9.22.docx  12. Hazardous Substances. OWNER acknowledges and agrees that MSA has had no role in generating, treating, storing, or disposing of hazardous substances or materials which may be present at the project site, and MSA has not benefited from the processes that produced such hazardous substances or materials. Any hazardous substances or materials encountered by or associated with Services provided by MSA on the project shall at no time be or become the property of MSA. MSA shall not be deemed to possess or control any hazardous substance or material at any time; arrangements for the treatment, storage, transport, or disposal of any hazardous substances or materials, which shall be made by MSA, are made solely and exclusively on OWNER's behalf for OWNER's benefit and at OWNER's direction. Nothing contained within this Agreement shall be construed or interpreted as requiring MSA to assume the status of a generator, storer, treater, or disposal facility as defined in any federal, state, or local statute, regulation, or rule governing treatment, storage, transport, and/or disposal of hazardous substances or materials. All samples of hazardous substances, materials or contaminants are the property and responsibility of OWNER and shall be returned to OWNER at the end of a project for proper disposal. Alternate arrangements to ship such samples directly to a licensed disposal facility may be made at OWNER's request and expense and subject to this subparagraph. 13. Insurance. MSA will maintain insurance coverage for: Worker's Compensation, General Liability, and Professional Liability. MSA will provide information as to specific limits upon written request. If the OWNER requires coverages or limits in addition to those in effect as of the date of the agreement, premiums for additional insurance shall be paid by the OWNER. The liability of MSA to the OWNER for any indemnity commitments, or for any damages arising in any way out of performance of this contract is limited to such insurance coverages and amount which MSA has in effect. 14. Reuse of Documents. Reuse of any documents and/or services pertaining to this project by the OWNER or extensions of this project or on any other project shall be at the OWNER’s sole risk. The OWNER agrees to defend, indemnify, and hold harmless MSA for all claims, damages, and expenses including attorneys’ fees and costs arising out of such reuse of the documents and/or services by the OWNER or by others acting through the OWNER. 15. Indemnification. To the fullest extent permitted by law, MSA shall indemnify and hold harmless, OWNER, and OWNER’s officers, directors, members, partners, agents, consultants, and employees (hereinafter “OWNER”) from reasonable claims, costs, losses, and damages arising out of or relating to the PROJECT, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of MSA or MSA’s officers, directors, members, partners, agents, employees, or Consultants (hereinafter “MSA”). In no event shall this indemnity agreement apply to claims between the OWNER and MSA. This indemnity agreement applies solely to claims of third parties. Furthermore, in no event shall this indemnity agreement apply to claims that MSA is responsible for attorneys’ fees. This agreement does not give rise to any duty on the part of MSA to defend the OWNER on any claim arising under this agreement. To the fullest extent permitted by law, OWNER shall indemnify and hold harmless, MSA, and MSA’s officers, directors, members, partners, agents, consultants, and employees (hereinafter “MSA”) from reasonable claims, costs, losses, and damages arising out of or relating to the PROJECT, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of the OWNER or the OWNER’s officers, directors, members, partners, agents, employees, or Consultants (hereinafter “OWNER”). In no event shall this indemnity agreement apply to claims between MSA and the OWNER. This indemnity agreement applies solely to claims of third parties. Furthermore, in no event shall this indemnity agreement apply to claims that the OWNER is responsible for attorneys’ fees. This agreement does not give rise to any duty on the part of the OWNER to defend MSA on any claim arising under this agreement. To the fullest extent permitted by law, MSA’s total liability to OWNER and anyone claiming by, through, or under OWNER for any cost, loss or damages caused in part or by the negligence of MSA and in part by the negligence of OWNER or any other negligent entity or individual, shall not exceed the percentage share that MSA’s negligence bears to the total negligence of OWNER, MSA, and all other negligent entities and individuals. 16. Dispute Resolution. OWNER and MSA desire to resolve any disputes or areas of disagreement involving the subject matter of this Agreement by a mechanism that facilitates resolution of disputes by negotiation rather than by litigation. OWNER and MSA also acknowledge that issues and problems may arise after execution of this Agreement which were not anticipated or are not resolved by specific provisions in this Agreement. Accordingly, both OWNER and MSA will endeavor to settle all controversies, claims, counterclaims, disputes, and other matters in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect, unless OWNER and MSA mutually agree otherwise. Demand for mediation shall be filed in writing with the other party to this Agreement. A demand for mediation shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for mediation be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. Neither demand for mediation nor any term of this Dispute Resolution clause shall prevent the filing of a legal action where failing to do so may bar the action because of the applicable statute of limitations. If despite the good faith efforts of OWNER and MSA any controversy, claim, counterclaim, dispute, or other matter is not resolved through negotiation or mediation, OWNER and MSA agree and consent that such matter may be resolved through legal action in any state or federal court having jurisdiction. 17. Exclusion of Special, Indirect, Consequential and Liquidated Damages. Consultant shall not be liable, in contract or tort or otherwise, for any special, indirect, consequential, or liquidated damages including specifically, but without limitation, loss of profit or revenue, loss of capital, delay damages, loss of goodwill, claim of third parties, or similar damages arising out of or connected in any way to the project or this contract. 18. State Law. This agreement shall be construed and interpreted in accordance with the laws of the State of Wisconsin. 19. Jurisdiction. OWNER hereby irrevocably submits to the jurisdiction of the state courts of the State of Wisconsin for the purpose of any suit, action or other proceeding arising out of or based upon this Agreement. OWNER further consents that the venue for any legal proceedings related to this Agreement shall be, at MSA’s option, Sauk County, Wisconsin, or any county in which MSA has an office. 20. Understanding. This agreement contains the entire understanding between the parties on the subject matter hereof and no representations. Inducements, promises or agreements not embodied herein (unless agreed in writing duly executed) shall be of any force or effect, and this agreement supersedes any other prior understanding entered into between the parties on the subject matter hereto. Page 3 of 2 (General Terms and Conditions) \\msa-ps.com\fs\Project\09\09286\09286038\Contract\09286038 PSA 5.9.22.docx  CONTRACT AGREEMENT BETWEEN JT ENGINEERING, INC. AND THE CITY OF VERONA This Contract Agreement is made and entered into this 7th day of September 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 September 12, 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/from the employee’s home office to the project site, 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 $50,769.00 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. 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 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: 9/7/2022 Date By: By: Holly Licht, City Clerk Date: Date JT ENGINEERING, INC -5- City of Verona Estimated Construction Inspection Schedule Kettle Creek North Phase V Project Project Classification Project Engineer Manager Administrator Accountant Direct Expenses Hourly Wage $108.00 $138.00 $150.00 $105.00 Hours Hours Hours Hours Miles Week Begin Week End Sunday Saturday 11-Sep-22 17-Sep-22 20 1.5 0.5 0.5 90 18-Sep-22 24-Sep-22 20 1.5 90 25-Sep-22 1-Oct-22 40 1.5 150 2-Oct-22 8-Oct-22 40 1.5 150 9-Oct-22 15-Oct-22 40 1.5 150 16-Oct-22 22-Oct-22 40 1.5 150 23-Oct-22 29-Oct-22 40 1.5 150 30-Oct-22 5-Nov-22 40 1.5 150 6-Nov-22 12-Nov-22 40 1.5 150 13-Nov-22 19-Nov-22 40 1.5 150 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 2-Apr-23 8-Apr-23 9-Apr-23 15-Apr-23 40 1.5 150 16-Apr-23 22-Apr-23 35 1.5 0.5 0.5 150 23-Apr-23 29-Apr-23 30-Apr-23 6-May-23 7-May-23 13-May-23 14-May-23 20-May-23 Totals 435 18 1 1 1680 Cost $46,980.00 $2,484.00 $150.00 $105.00 $1,050 Mileage Rate = $0.625/mile Total Estimated Contract Amount $50,769.00 Page 1/1  SCOPE OF SERVICES COMMENTARY PROJECT: Kettle Creek North Phase V 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 others. 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  CONTRACT AGREEMENT BETWEEN JT ENGINEERING, INC. AND THE CITY OF VERONA This Contract Agreement is made and entered into this 7th day of September 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 September 12, 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/from the employee’s home office to the project site, 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 $37,221.00 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. 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 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: 9/7/2022 Date By: By: Holly Licht, City Clerk Date: Date JT ENGINEERING, INC -5- City of Verona Estimated Construction Inspection Schedule Ambition Street Extension Project Project Classification Project Engineer Manager Administrator Accountant Direct Expenses Hourly Wage $108.00 $138.00 $150.00 $105.00 Hours Hours Hours Hours Miles Week Begin Week End Sunday Saturday 14-Aug-22 20-Aug-22 21-Aug-22 27-Aug-22 28-Aug-22 3-Sep-22 4-Sep-22 10-Sep-22 11-Sep-22 17-Sep-22 40 1.5 0.5 0.5 150 18-Sep-22 24-Sep-22 40 1.5 150 25-Sep-22 1-Oct-22 40 1.5 150 2-Oct-22 8-Oct-22 40 1.5 150 9-Oct-22 15-Oct-22 40 1.5 150 16-Oct-22 22-Oct-22 40 1.5 150 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 2-Apr-23 8-Apr-23 9-Apr-23 15-Apr-23 40 1.5 150 16-Apr-23 22-Apr-23 40 1.5 0.5 0.5 150 Totals 320 12 1 1 1200 Cost $34,560.00 $1,656.00 $150.00 $105.00 $750 Mileage Rate = $0.625/mile Total Estimated Contract Amount $37,221.00 Page 1/1  SCOPE OF SERVICES COMMENTARY PROJECT: Ambition Street Extension 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 others. 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