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Public Works, Sewer and Water

Regular Meeting

Verona, WI · April 10, 2023

AgendaMinutes

Minutes

CITY OF VERONA MINUTES PUBLIC WORKS/SEWER & WATER COMMITTEE MONDAY, APRIL 10, 2023 1. The meeting was called to order by Mr. Touchett at 5:17pm. 2. Roll Call: Present: Evan Touchett, Rye Kimmett. Mara Helmke entered at 5:25pm. Also present: Theran Jacobson, Director of Public Works; Carla Fischer, City Engineer, AECOM. 3. MOVED by Touchett, seconded by Kimmett, to approve the minutes of the March 27, 2023, meeting of the Public Works/Sewer and Water Committee. Motion carried 2-0. 4. MOVED by Touchett, seconded by Kimmett, to recommend approval of the Memorandum of Understanding between Madison Metropolitan Sewerage District and City of Verona regarding Project ID 2022-108 Badger Mill Creek Path Extension – Phase 2. Motion carried 2-0. 5. MOVED by Touchett, seconded by Kimmett, to recommend approval of Project 2023-102, Verona Pavement Surface Treatment Project in an amount not to exceed $176,830.00. Motion carried 3-0. 6. MOVED by Touchett, seconded by Helmke, to recommend approval of offer to purchase for lands necessary on Parcel 8 for Transportation Project Plat 286-2022-119 under Project ID 2022-119, CTH PD. Committee did not go into closed session. Motion carried 3-0. 7. MOVED by Touchett, seconded by Helmke, to adjourn at 5:29pm. 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.

Agenda

CITY OF VERONA PUBLIC WORKS/SEWER & WATER COMMITTEE AGENDA MONDAY, APRIL 10, 2023 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 March 27, 2023 meeting of the Public Works/Sewer and Water Committee. 4. Discussion and action regarding Memorandum of Understanding between Madison Metropolitan Sewerage District and City of Verona regarding Project ID 2022-108 Badger Mill Creek Path Extension – Phase 2. 5. Discussion and action regarding awarding Project 2023-102, Verona Pavement Surface Treatment Project. 6. Discussion and action regarding offer to purchase for lands necessary on Parcel 8 for Transportation Project Plat 286-2022-119 under Project ID 2022-119, CTH PD. The Public Works/Sewer and Water Committee may convene in a closed session, as authorized by Wisconsin Statute 19.85(1)(e), for the purpose of deliberating or negotiating the purchase of public properties, the investing of public funds or conducting other specified public business, whenever competitive or bargaining reasons deem a closed session necessary. The Public Works/Sewer and Water Committee may reconvene in an open session to discuss and take action on the subject matter discussed in the closed session. 7. 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, MARCH 27, 2023 1. The meeting was called to order by Mr. Touchett at 5:15pm. 2. Roll Call: Present: Evan Touchett, Mara Helmke, Rye Kimmett. Also present: Theran Jacobson, Director of Public Works; Carla Fischer, City Engineer, AECOM; Zach Topel, AECOM. 3. MOVED by Touchett, seconded by Kimmett, to approve the minutes of the March 13, 2023, meeting of the Public Works/Sewer and Water Committee. Motion carried 3-0. 4. MOVED by Touchett, seconded by Kimmett, to submit the Municipal Separate Storm Sewer System (MS4) 2022 annual report to the WI DNR. Motion carried 3-0. 5. MOVED by Touchett, seconded by Helmke, to implement, use and update the Erosion Control and Stormwater Management Permit and Roadway/Utility Plan Review application form. Motion carried 3-0. 6. MOVED by Touchett, seconded by Kimmett, to adjourn at 5:45pm. 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: April 10, 2023 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) Memorandum of Understanding between Madison Metropolitan Sewerage District and City of Verona regarding Project ID 2022-108 Badger Mill Creek Path Extension – Phase 2. This memorandum of understanding (MOU) describes a cooperative joint effort by the Madison Metropolitan Sewerage District (District) and the City of Verona (City) for the purpose of design and construction of the District’s Pumping Station 17 Force Main Relief – Phase 2 and the City of Verona Badger Mill Creek Path Extension – Phase 2 (collectively, the “Project”). Given the proximity of the proposed City and MMSD facilities within the anticipated construction corridor, overall cost savings for both entities can be achieved by constructing the projects together. By combining the two projects, cost savings are anticipated through economies of scale and the elimination of duplicate efforts. The MOU outlines the commitments and termination rights by each MMSD and City such as: • City and MMSD cooperation • District is the lead agency • Cost allocations • Design • Easement acquisition • Construction documents • Bidding This is a similar agreement to the Phase 1 project between the City and District. The agreement has been reviewed by third party legal counsel. Item (5) Awarding Project 2023-102, Verona Pavement Surface Treatment Project. One bid was received and is listed below: • Fahrner Asphalt Sealers of Waunakee, WI in the amount of $176,830.00. The estimate without contingencies was $183,950.00 and with contingencies was $202,345.00. Fahrner Asphalt Sealers has provided this service for the City of Verona over the past nine years and has performed at or above City expectations. Based on past work performed in the City of Verona and references checked, Public Works Staff is of the opinion that Fahrner Asphalt Sealers has the personnel, equipment and financial assets necessary to complete the 2023-102, Verona Pavement Surface Treatment Project. Page 1 / 2 Meeting Date: April 10, 2023 PW/S&W Committee Memo The streets included for chip seal in the project are as follows: • Westridge Neighborhood o Westridge Parkway (Jenna Dr to Breckenridge Rd) o Glenwood Drive (Westridge Pkwy to 300’ west) o Breckenridge Road (Glenwood Dr to Westridge Pkwy) o Meister Drive (Westridge Pkwy to N. Nine Mound Rd) o Wynwood Drive (Meister Dr to 120’ south of Westridge Pkwy) • East View Neighborhood o Arbor Vitae Place (Entire) o Harvest Lane (Whalen Rd to Arbor Vitae Pl) o Forest View Drive (East Hillcrest Dr to 320’ east of Harvest Ln) o Harper Drive (Harvest Ln to 200’ south) o East Hilcrest Drive (Harvest Lane to 130’ east of Elm St) o South Hillcrest Drive (100’ west of Elm St to East View Rd) o Green Meadow Drive (East View Rd to Harvest Ln) o Parkland Drive (Green Meadow Dr. to Harvest Ln) o James Circle (Entire) o Wood Lawn Way (East View Rd to Fairview Ter) o Fairview Terrace (Whalen Rd to Green Meadow Dr) o Stone Ridge Circle (Entire) o East View Road (Whalen Rd to South Hillcrest Dr) Item (6) Offer to purchase for lands necessary on Parcel 8 for Transportation Project Plat 286- 2022-119 under Project ID 2022-119, CTH PD. City staff and professional negotiator have worked with representatives of the land owner on this acquisition. The agreement allows the City to acquire land and other property interests for the CTH PD transportation improvement project. The property is located on the northeast quadrant of the intersection of CTH PD / Shady Oak Lane Intersection. This is a land sale only. The project requires the following: • 0.042 acres of new right of way • 0.872 acres of existing right of way (no-compensation) • 0.292 acres of Temporary Limited Easement The offer presented to the owner is $10,100 and was accepted. Page 2 / 2 Page 1 Memorandum of Understanding For Joint Design and Construction of MMSD Pumping Station 17 Force Main Relief – Phase 2 and City of Verona Lower Badger Mill Creek Path Extension Phase 2 This memorandum of understanding (“MOU” or “Agreement”) describes a cooperative joint effort by the Madison Metropolitan Sewerage District, a metropolitan sewerage district organized under Section 200.01 et seq., Wis. Stats. (“MMSD”) and the City of Verona, a Wisconsin municipal corporation (the “City”) (individually, a “Party;” collectively, the “Parties”) for the purpose of design and construction of the MMSD Pumping Station 17 Force Main Relief – Phase 2 (“PS 17 FM Relief – Phase 2” or the “District Project”) and the City of Verona Lower Badger Mill Creek Path Extension – Phase 2 (“LBMC Path Phase 2” or the “City Project”) (collectively, the “Project”). The MOU shall be effective when fully executed by the Parties (the “Effective Date”). RECITALS A. The City intends to extend the pedestrian multi-use path adjacent to the Lower Badger Mill Creek for continued multi-modal connectivity throughout the City. The proposed path extension would connect to an existing path previously constructed under City Project ID 2018-108 which MMSD was a Party to under a separate MOU. MMSD needs to construct a relief force main for pump station 17 to accommodate future increases in flow from upstream development and from completion of the Lower Badger Mill Creek Interceptor. (See MMSD business case “LBMCI Interceptor & PS 17 Facilities”, Project Business Case ID: B11, C04, C08 & C09, published on 3/2/2018 for details, which are incorporated by reference as if set forth fully herein.) Attached as Exhibit A is a map showing approximately the City Project and District Project. B. The existing MMSD Pump Station 17 force main and the City’s LBMC Path and existing Eastside Interceptor are generally located in the same area for phase 2 of each Party’s portion of the Project, both are on the north side of Badger Mill Creek. C. Given the proximity of the proposed improvements and other City and MMSD utilities within the anticipated construction area, overall cost savings for the ratepayers and residents affected by both Projects can be achieved by designing and constructing the Projects together. By combining the City Project and the District Project, cost savings are anticipated through economies of scale and the elimination of duplicate efforts. Additionally, disturbance to the surrounding community and landowners can be minimized. Specific items for which cost savings are anticipated because of the reduction of duplicate efforts include, but are not limited to, the following: construction document preparation; public meetings and general communication; Ice Age Trail coordination; permit applications preparation and review; construction survey; construction consultant costs; mobilization; site access; sediment and erosion control; and landscape restoration. D. As described in Section 1 below, the Parties have engaged in separate agreements with a design firm for the design phase of the Project. Therefore MMSD will pay for 100% of its design efforts and the City will pay for 100% of its design efforts, with the exception of design permit fees which the City will reimburse MMSD for with a cost share identified in Section 4.2. E. Provided that both Parties find the design acceptable, the City and MMSD wish to bid the Project and proceed with construction, all on the terms and conditions set forth in this MOU. MOU – MMSD / City of Verona Page 2 MEMORANDUM OF UNDERSTANDING NOW, THEREFORE, in consideration of the above Recitals, which are incorporated by reference, and other valuable consideration, the sufficiency of which is hereby acknowledged, the Parties agree to their respective responsibilities under this MOU, including the separation of design and allocation of construction costs and the schedule of payments for the design and construction of the MMSD’s PS 17 FM Relief – Phase 2 and City’s Lower Badger Mill Creek Path Extension – Phase 2, as follows: 1. DESIGN CONSULTANT: The City and MMSD have executed separate contracts for consulting services with MSA Professional Services, Inc. (the “Design Consultant”) to design each of their individual improvements for the Project. In addition, the Design Consultant shall assist MMSD and the City with: 1.1. A requirement that the Design Consultant transfer its rights in the design to MMSD and the City, respectively, and provide the design to both in an electronic format that is acceptable to both MMSD and the City. 1.2. A requirement that the Design Consultant will prepare an opinion of probable construction cost (OPCC) which identifies the costs attributable to the City Project’s portion of the Project and the District Project’s portion of the Project, respectively. The OPCC shall be subject to detailed review and approval by MMSD and the City, and mutually agreed changes shall be incorporated in the final OPCC. Following approval of the OPCC by Rachel Feil (Project Engineer) for MMSD and Theran Jacobson (Director of Public Works) for the City, the OPCC shall be incorporated in or amended to MMSD’s final design report and shall establish the cost sharing percentages for the construction of the Project. [Note: Change orders that arise during the construction of the Project shall be allocated as determined by the Parties on a case-by-case basis, as described in Section 8.] 1.3. A requirement that the Design Consultant identify the locations of necessary temporary construction and permanent easements for the Project. [Note: The Design Consultant is expected to survey and provide legal descriptions and figures for the easements separately to both MMSD and the City but the City and MMSD will each perform easement negotiations and acquisitions with landowners for the City Project and the District Project separately. 2. [RESERVED] 3. CONSULTANT PAYMENT REQUESTS DURING THE DESIGN PHASE: Payment requests for the Design Consultant shall be handled as follows: 3.1. Because MMSD and the City have executed separate professional services contract with a Design Consultant, MMSD and the City will each be responsible for transmitting their respective individual payments to the Design Consultant. MOU – MMSD / City of Verona Page 3 4. PERMITS: 4.1. The Design Consultant shall prepare permits for each Party per the separate design professional services contracts. 4.2. The City and MMSD agree that a 25/75 permit cost share between the City and MMSD (meaning the City is responsible for 25% and MMSD is responsible for 75% of such permit cost) is equitable, with the exception of the wetland mitigation and permit fees which will be prorated based on the number of acres of wetland temporarily disturbed and permanently disturbed by each Party’s portion of the Project. Wetland mitigation and permit fees related to the LBMC Path Phase 2 project will be borne by the City. Wetland mitigation and permit fees related to the PS 17 FM Relief – Phase 2 project will be borne by MMSD. 4.3. The Design Consultant shall submit permits for the Project jointly, representing both the interest of the City and MMSD. 4.4. MMSD shall be the initial responsible Party for direct payment of permit fees to respective agencies. Per the identified permit costs, the City shall reimburse MMSD for the City’s portion of the permit fees. 4.5. Payment requests from the design permit fees will be invoiced when available, no less than 60 days after MMSD receives a permit fee invoice. Invoice amounts to MMSD shall due no less than 60 days from the date of the invoice. 5. EASEMENTS: 5.1. Consistent with each design, the Design Consultant will provide the location of temporary construction and permanent easement(s) needed for the Project. 5.2. The City will acquire and/or modify existing easements necessary for their scope of the Project. The City and/or their consultant will perform easement negotiations with landowners for the scope of the City Project. 5.3. MMSD will acquire and/or modify existing easements necessary for their scope of the Project. MMSD and/or their consultant will perform easement negotiations with landowners for the scope of the District Project. 5.4. MMSD and the City agree that the project does not anticipate there will be easements that will benefit both Parties. 5.5. MMSD and the City will work separately to acquire and/or modify existing easements based on the understanding described below: 5.5.1. Expenses associated with easement acquisition include the purchase of property rights from the underlying owner and associated costs for staff time, title searches, surveys, document preparation, and legal and consulting services. The Parties shall pay for any costs and services necessary to acquire the easements separately. 5.6. The Design Consultant is tasked to survey and provide legal descriptions and figures for the easements for each of the District Project and the City Project. MOU – MMSD / City of Verona Page 4 5.7. If either MMSD or the City is unable to acquire the necessary easements at a cost and within a time frame that it deems to be reasonable by the Party acquiring the easements, then this MOU shall terminate and neither Party shall have further obligations to each other hereunder. Termination shall not relieve either Party from agreed upon sharing of costs through the date of termination. 5.8. If MMSD and the City are able to obtain necessary easements, then the Parties will proceed with preparation of bidding documents. 6. BIDDING DOCUMENTS AND AWARD: 6.1. After completion of the majority of design work, and completed acquisition of the necessary easements, MMSD and the City will complete the bidding documents in a form acceptable to both Parties. In addition to bid specifications, surety requirements, construction contract and other customary provisions, the bidding documents shall include language designating MMSD to serve as the lead agency for transmitting payment during the course of performance under the contract. The provision shall describe the responsibilities of the lead agency. The bidding documents shall require the construction contractor to indemnify the City and MMSD for damages and losses relating to and arising from the construction contractor’s performance of the construction contract, and shall limit the City’s and MMSD’s respective liability under the construction contract to the agreed upon percentages set forth in the OPCC times the construction contract price. If MMSD and the City do not agree upon the lead agency designation, responsibilities, and indemnification provisions, then this MOU shall terminate and neither Party shall have further obligations to each other hereunder. Termination shall not relieve either Party from agreed upon sharing of costs through the date of termination. Each Party, at its sole costs, may obtain professional assistance with preparation of the bidding documents, on such terms as are mutually acceptable. 6.2. MMSD has obtained professional assistance with preparation of the bidding documents, on such terms as are mutually acceptable to the Parties. MMSD will coordinate distribution of plans and specifications through QuestCDN and host a virtual pre-bid meeting. 6.3. MMSD has contracted bidding services for pre-bid meeting design consultant attendance for all parties. 6.4. MMSD has contracted preparation of any PS 17 FM Relief – Phase 2 specific addenda required as part of their existing design services contract. The City will be responsible for reimbursing the design consultant directly should there be any addenda related to the LBMC Path Phase 2. 6.5. The bidding documents shall request a total price for construction of the Project. 6.6. Either Party shall have the right to reject all bids, in which case all bids shall be deemed rejected by both Parties. If the bids are rejected, then this MOU shall terminate and neither Party shall have further obligations to each other hereunder. Termination shall not relieve either Party from agreed upon sharing of costs through the date of termination. MOU – MMSD / City of Verona Page 5 6.7. The Parties agree to execute a Notice of Award to document the Parties’ award of the construction contract. 6.8. Following Notice of Award, both MMSD and the City shall enter the construction contract with the construction contractor for the Project. Upon execution of same, construction may proceed. 7. CONSULTING SERVICES DURING CONSTRUCTION: 7.1. MMSD and the City anticipate having a joint professional services contract entered into by the City and MMSD on defined scope, terms, and conditions reasonably acceptable to the City and MMSD for specific Consulting services required during construction of the Project. MMSD and the City also anticipate using in-house staff for select services during construction of the Project, subject to change. 7.2. Because MMSD is acting as the lead agency for the Project, MMSD shall act as the responsible Party under the joint professional services contract. 7.3. Separate tasks shall be created within the joint professional services contract that are specific to each Party. Therefore there shall be a task with subtasks as necessary for the District Project and separate tasks with subtasks as necessary for the City Project. MMSD shall pay for its tasks and subtasks and the City shall pay for its tasks and subtasks. 7.4. Payment requests under the joint professional services contract shall be invoiced to MMSD on a monthly basis and shall be due no less than 60 days from the date of the invoice. 7.5. Both MMSD and the City need to approve the payment request before MMSD makes payment to the consultant. This shall be in effect until the City’s work is completed. 7.6. If a Party objects to the payment request, it shall notify the other Party within 30 days of the date of the invoice. Either Party shall have the right to advance its objection with the design consultant provided that any such objection is made in accordance with the provisions of the professional services contract, and that the objecting Party indemnifies the non-objecting Party for costs and attorneys’ fees reasonably incurred as a result of the objection. 7.7. MMSD shall bill the City for the City’s portion once every two months. 7.8. The City will perform the following during the Construction phase: 7.8.1. Perform the engineering inspection of components and incidentals of the LBMC Path Phase 2 construction included in the contract documents. 7.8.2. Contract with their City Engineer and/or perform in-house shop drawing review of the LBMC Path Phase 2 project submittals and requests for information during construction. 7.8.3. The City will pay for any consulting services for the components and incidentals required for the LBMC Path Phase 2 included in the construction documents. 7.9. MMSD will perform the following during the Construction phase: MOU – MMSD / City of Verona Page 6 7.9.1. Perform the engineering inspection of components and incidentals of the PS 17 FM Relief – Phase 2 construction per the contract documents. 7.9.2. Contract with a consultant and/or perform in-house shop drawing review of PS 17 FM Relief – Phase 2 project submittals and requests for information during construction. 7.9.3. MMSD will pay for any consulting services for the components and incidentals required for the PS 17 FM Relief – Phase 2 included in the construction documents. 8. PAYMENT REQUESTS DURING THE CONSTRUCTION PHASE, CHANGE ORDERS AND SUBSTANTIAL COMPLETION: 8.1. Payment Requests. Payment requests for construction services and materials shall be handled as follows: 8.1.1. Both MMSD and the City need to approve the payment request before payment is made to the contractor. This shall be in effect until the City’s portion of work is completed. 8.1.2. Payments shall be made by MMSD and the City when due and based on the OPCC cost sharing percentages determined as described in Section 1.2 above. 8.1.3. If a Party objects to the payment request, it shall notify the other Party within 30 days of the date of the invoice. Either Party shall have the right to advance its objection with the contractor provided that any such objection is made in accordance with the provisions of the construction contract, and that the objecting Party indemnifies the non-objecting Party for costs reasonably incurred as a result of the objection. 8.1.4. Upon the City’s approval and disbursement of funds, and MMSD receipt of same, MMSD shall pay the contractor in the manner set forth in the construction documents. 8.2. Change Orders. Changes related to construction of the City’s LBMC Path Phase 2 shall be borne by the City. Changes related to MMSD’s PS 17 FM Relief – Phase 2 shall be borne by MMSD. The cost split for changes related to both Parties shall be based on the established OPCC unless negotiated by the Parties on a case-by-case basis. Payments for change orders shall thereafter be made a part of a standard payment request. 8.3. Substantial Completion. MMSD shall obtain the City’s approval of substantial completion of LBMC Path Phase 2 prior to accepting the whole Project as substantially complete. 9. GENERAL PROVISIONS: The following general provisions shall apply to this Agreement: 9.1. Liability. Each Party shall be responsible for its own acts, errors, or omissions and for the acts, errors or omissions of its employees, officers, officials, agents, boards, committees, and commissions arising out of this Agreement, and shall be responsible for any losses, claims, and liabilities that are attributable to such acts, errors, or omissions including providing its own defense associated therewith. In situations involving joint liability, each Party shall only be responsible for such losses, claims, and liabilities that are attributable to its own acts, errors, or omissions and the acts, errors or omissions of its employees, officers, officials, agents, boards, committees, and commissions. It is not MOU – MMSD / City of Verona Page 7 the intent of either Party to waive, limit or otherwise modify the protections and limitations of liability found in Wis. Stat. §893.80 or any other protections available to the Parties by law or by insurance coverage, and both Parties hereby preserve any and all said rights to the full extent of the law. This paragraph shall be included in all documents and agreement entered pursuant to this Agreement. This paragraph shall survive the termination or expiration of this Agreement. 9.2. Nondiscrimination. In the performance of this Agreement, the Parties agree not to discriminate against any person because of race, religion, marital status, age, color, sex, handicap, national origin or ancestry, income level or source of income, arrest record or conviction record, less than honorable discharge, physical appearance, sexual orientation, gender identity, political beliefs, or student status. The Parties further agree not to discriminate against any contractor, subcontractor or person who offers services pursuant to this Agreement because of race, religion, color, age, disability, sex, sexual orientation, gender identity or national origin. 9.3. Notice. Any notice or offer or demand hereunder shall be sent: (a) by electronic mail to the known email address of the persons identified below, with delivery presumed within 5 minutes during normal business hours, unless an automatic reply indicates that said person is absent; (b) by United States mail, postage prepaid, to the Parties’ respective addresses set forth below, with delivery presumed two (2) days following mailing; (c) by commercial delivery service with tracked delivery data serving as confirmation of actual delivery; or (d) by personal delivery, with delivery on the date personally delivered. Name Address City of Verona Director of Public Works 401 Investment Court Verona, WI 53593 Email: theran.jacobson@ci.verona.wi.us Madison Metropolitan Director of Engineering Sewerage District 1610 Moorland Rd. Madison, WI 53713 Email: lisac@madsewer.org and rachelf@madsewer.org 9.4. Benefits Parties Only; No Third-Party Beneficiaries. This Agreement is intended to benefit the Parties hereto and their respective officials and shall not be construed to create any right or benefit on behalf of any person, firm, corporation, or other entity not a Party hereto. 9.5. Authority. Each person executing this Agreement represents and warrants that he or she is duly authorized to so act and execute this Agreement as represented below. MOU – MMSD / City of Verona Page 8 IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed on the day and year written below. FOR THE MADISON METROPOLITAN SEWERAGE DISTRICT ____________________________________ Date: _______________________ D. Michael Mucha, Chief Engineer & Director Attested by: ____________________________________ Date: _______________________ Lisa Coleman, Director of Engineering Remainder of Page Intentionally Blank MOU – MMSD / City of Verona Page 9 FOR THE CITY OF VERONA ____________________________________. Date: _______________________ Luke Diaz, Mayor Attested by: ____________________________________ Date: _______________________ Holly Licht, City Clerk This document drafted by: Rachel Feil, P.E. MMSD – Project Engineer 1610 Moorland Road Madison, WI 53713 Theran Jacobson, P.E. City of Verona – Director of Public Works 410 Investment Court Verona, WI 53593 Reviewed on Behalf of MMSD: Christopher B. Hughes 222 West Washington Avenue, Suite 900 P.O. Box 1784 Madison, WI 53701 Reviewed on Behalf of City of Verona: Thomas J. Schmitt Schmitt Law Office, S.C. 113 S. Main Street Verona, WI 53593 MOU – MMSD / City of Verona EXHIBIT A CITY OF MADISON S CROSS COUNTY ROAD GOOSE S S LAKE S S S DR IV E E GR OV S 1 LE 15 S PHEASANT LANE MA AY W P IGH H S. U. DEMARCO TRAIL L AI TR E AT ST D GE RI RY LITA PROPERTY LINE (TYP.) MI MMSD PROJECT SANITARY GRAVITY SEWER SAN PROJECT LOCATION (IN GREEN) N SA SAN A AVE VERON EAST FITCHRONA ROAD SAN SAN PROJECT ENTRANCE AND WORK AREA SAN S MMSD PROJECT SANITARY FORCEMAIN PROJECT LOCATION (IN BLUE) SA N S S S S TOWN OF VERONA S PROJECT ENTRANCE AND WORK AREA N SA S S S SAN SAN GRANDVIEW ROAD S PROPOSED BADGER MILL S CREEK BRIDGE LOCATION OLD PB ARBOR VITAE PLACE CITY OF VERONA SAN PROJECT BADGER MILL CREEK PATH PROJECTAN LOCATION PROJECT LOCATION S (IN RED) N SA SAN SAN CITY OF VERONA 0 400 800 SA N © 2022 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS NO. DATE REVISION BY PROJECT NO. ENGINEERING | ARCHITECTURE | SURVEYING PROJECT DATE: . DRAWN BY: DESIGNED BY: CHECKED BY: KCL MJW KCL 1 . . 3/1/2023 . . PRELIMINARY 50% PROGRESS SUBMITTAL . . PLOT DATE: 3/3/2023 1:52 PM, G:\01\01579\01579041\_Force Main Project\CADD\Construction Documents\Final\01579041 Page Outline Overview Sheets.dwg MJW . . FUNDING | PLANNING | ENVIRONMENTAL 1702 Pankratz St Madison, WI 53704 (608) 242-7779 www.msa-ps.com © MSA Professional Services, Inc. PUMP STATION 17 FORCEMAIN RELIEF PHASE 2 MADISON METROPOLITAN SEWER DISTRICT USH 151 CORRIDOR - VERONA, WI PROJECT OVERVIEW 01579041 SHEET EX1 City of Verona Public Works Department 410 Investment Court Verona, WI 53593 Phone: (608) 845-6695 Fax: (608) 845-5761 Email: theran.jacobson@ci.verona.wi.us March 20, 2023 Verona City Council Members 111 Lincoln Street Verona, WI 53593 Subject: Letter of Recommendation 2023‐102, 2023 City of Verona Pavement Surface Treatment Project Dear Council Members: In accordance with the Official Notice to Bidders, the office of the Public Works Director accepted online bids for the above named project until 11:00 a.m. local time on March 15, 2023. Following the close of bidding, the bids received were publicly opened virtually via Zoom and read aloud. Staff has reviewed the bids received. A copy of the Bid Tabulation is attached. One bid was received and is listed below:  Fahrner Asphalt Sealers of Waunakee, WI in the amount of $176,830.00. The estimate without contingencies was $183,950.00 and with contingencies was $202,345.00. Fahrner Asphalt Sealers has provided this service for the City of Verona over the past nine years and has performed at or above City expectations. Based on past work performed in the City of Verona and references checked, Public Works Staff is of the opinion that Fahrner Asphalt Sealers has the personnel, equipment and financial assets necessary to complete the 2023‐102, 2023 City of Verona Pavement Surface Treatment Project. I would therefore recommend that the City of Verona accept the bid of Fahrner Asphalt Sealers for the 2023‐102, 2023 City of Verona Pavement Surface Treatment Project and recommend awarding a contract to Fahrner Asphalt Sealers in the amount of $176,830.00. The streets included for chip seal in the project are as follows:  Westridge Neighborhood o Westridge Parkway (Jenna Dr to Breckenridge Rd) o Glenwood Drive (Westridge Pkwy to 300’ west) o Breckenridge Road (Glenwood Dr to Westridge Pkwy) o Meister Drive (Westridge Pkwy to N. Nine Mound Rd) Project ID 2023‐102 o Wynwood Drive (Meister Dr to 120’ south of Westridge Pkwy)  East View Neighborhood o Arbor Vitae Place (Entire) o Harvest Lane (Whalen Rd to Arbor Vitae Pl) o Forest View Drive (East Hillcrest Dr to 320’ east of Harvest Ln) o Harper Drive (Harvest Ln to 200’ south) o East Hilcrest Drive (Harvest Lane to 130’ east of Elm St) o South Hillcrest Drive (100’ west of Elm St to East View Rd) o Green Meadow Drive (East View Rd to Harvest Ln) o Parkland Drive (Green Meadow Dr. to Harvest Ln) o James Circle (Entire) o Wood Lawn Way (East View Rd to Fairview Ter) o Fairview Terrace (Whalen Rd to Green Meadow Dr) o Stone Ridge Circle (Entire) o East View Road (Whalen Rd to South Hillcrest Dr) I will be pleased to answer any questions concerning the recommendations set forth. Thank you in advance for your cooperation. Sincerely, Theran P. Jacobson, P.E. Public Works Director Drafted / reviewed by: EAS/tpj S:\PROJECTS\2023-102_PAVEMENT SURFACE TREATMENT\DESIGN - PERMITTING - BIDDING\BIDDING\LETTER OF RECOMMENDATION\2023-102, 2023 CITY OF VERONA PAVEMENT SURFACE TREATMENT LETTER OF RECOMMENDATION_2023-03- 15.DOCX Project ID 2023‐102 BID TABULATION 2023‐102, 2023 Chip Seal Project CITY OF VERONA, WISCONSIN Bid Date 3/15/2023 Bid Time 11:00am Engineers Estimate Fahrner Asphalt Sealers Contractor by EAS 316 Raemisch Road City of Verona Waunakee, WI 53597 BID ITEMS Item Number Est Qty Unit Description Unit Price Item Cost Unit Price Item Cost 1475.0100 71,000 S.Y Chip Seal (Granite Chip Seal) $ 2.25 $ 159,750.00 2.37 $ 168,270.00 $ ‐ 1475.0200.S 71,000 SY Sweeping $ 0.20 $ 14,200.00 $ 0.11 $ 7,810.00 1643.5000 1 LS Traffic Control $ 10,000.00 $ 10,000.00 $ 750.00 $ 750.00 $ ‐ BID TOTAL $ 183,950.00 $176,830.00 $0.00 CONTINGENCIES 10% $ 18,395.00 TOTAL $ 202,345.00 BID BOND 5% 5%

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