Public Works, Sewer and Water

CITY OF VERONA PUBLIC WORKS/SEWER & WATER COMMITTEE AGENDA MONDAY, October 9, 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. Public Comment. 4. Approval of the minutes: September 11, 2023. 5. Discussion and Possible Action: State/Municipal Financial Agreement for a State-Let Highway Project (US Hwy 18/151 – CTH G to STH 69), Project ID: 1204-08-03-73 and 1204-08-03-74. 6. Discussion and Possible Action: Engineering Services Agreement; US 18/151, CTH G to STH 69. 7. Discussion and Possible Action: Well #6 Alternatives. 8. Staff Report: 9. Adjourn. Evan Touchett Chairperson Notice is hereby given that a majority of the City Council may be present at the meeting of the Public Works/Sewer & Water Committee to gather information about a subject over which they have decision-making responsibility. POSTED: Verona City Hall 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 PUBLIC WORKS/SEWER & WATER COMMITTEE MINUTES MONDAY, September 11, 2023 5:15 P.M. VERONA CITY CENTER, ROOM D122 111 LINCOLN STREET VERONA, WI 53593 Agenda Items 1. Call to order: Meeting called to order by E. Touchett at 5:15pm. 2. Roll call: Evan Touchett, Mara Helmke. Beth Tucker Long entered at 5:20pm. Also present: Adam Waszak, Interim Director of Public Works, Carla Fischer, City Engineer, AECOM, Tyler Tkachuk, AECOM, Jessica Lanius, Art House 360. 3. Public Comment: Jessica Lanius provided an update on the Art House 360 project. J. Lanius indicated fundraising efforts are underway and plans are in place for renovations of the former school building. She referenced concerns with lead times on equipment such as; transformers. 4. Approval of the minutes: N/A 5. Discussion and Possible Action: Engineering Services Agreement; West Verona Ave – Legion St Intersection Improvements: T. Tkachuk and A. Waszak provided a summary of proposed intersection improvements. T. Tkachuk clarified that the project would be scheduled for construction in 2025. M. Helmke inquired about making the intersection more pedestrian friendly. MOVED by E. Touchett and seconded by M. Helmke to recommend approval of the engineering serviced agreement with AECOM for the intersection of West Verona Ave – Legion St. with a cost not to exceed $231,759.00. Motion carried 3-0. 6. Discussion: 2024 Project Updates A.Waszak provided updates on the projects listed below. E. Touchett requested additional discussion on the Well #6 project at a subsequent meeting. a. Eastview Reconstruction b. Sewer Trail Phase 2  c. Legion-West Verona Ave Intersection d. Mark Dr Reconstruction (Design) e. Well 6 f. Well 4 Rehab 7. Staff Report: None 8. Adjourn: MOVED by E. Touchett and seconded by B. Tucker Long to adjourn at 5:50pm. Motion carried 3-0.  Meeting Date: October 9, 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 (5) State/Municipal Financial Agreement for a State-Let Highway Project (US Hwy 18/151 – CTH G to STH 69), Project ID: 1204-08-03-73 and 1204-08-03-74 Project 1204-08-03-73: Proposed improvements may include changes at the CTH G interchange, which may include additional turning lanes, ramp terminal control, and widening of the CTH G structure over USH 18. Other improvements may include adding eastbound and westbound auxiliary lanes between the CTH G interchange and the West Verona Avenue/Epic Lane interchange. If added, these auxiliary lanes would require the widening of the USH 18 bridges over the Sugar River and the extension of the box culvert of the bike trail; Project 1204-08-74: Proposed improvements may include widening the eastbound on ramp at the West Verona Avenue/Epic Lane interchange to two lanes and adding an eastbound auxiliary lane from the West Verona Avenue/Epic Lane interchange to the STH 69 interchange. The proposed widening would require widening the ramp bridge over USH 18. Staff have reviewed the agreement and recommend approval. Item (6) State/Municipal Financial Agreement for a State-Let Highway Project (US Hwy 18/151 – CTH G to STH 69), Project ID: 1204-08-03-73 and 1204-08-03-74. This is an agreement for engineering/design services for the projects referenced in Item 5. Item (7) Well #6 Alternatives As requested by the PWSW Committee, this item will revisit options and alternatives for Well #6 in relation to the existing nitrate levels. Engineers from AECOM will present during the meeting. Page 1 / 1  CITY OF VERONA 111 Lincoln Street Verona, WI 53590-1520 Jamie J. Aulik, City Administrator Phone (608) 848-9942 Email: jamie.aulik@ci.verona.wi.us MEMORANDUM To: Mayor and Common Council, City of Verona From: Jamie J. Aulik, City Administrator Date: October 6, 2023 Re: Summary of agenda items – October 9, 2023 City Council meeting Below is a summary of items on the agenda for the upcoming council meeting: Finance Committee 1. Discussion and Possible Action Re: Resolution R-23-029 Requesting Exemption from the County Library Tax: a. This resolution exempts the City of Verona from the county library levy and county library tax. The conditions met to request exemption include: i. The library serving the City of Verona meets the minimum standards of operation established by the Dane County Library Board, ii. The City levied a tax for public library service at least equal to or more than the county minimum standards in the prior year, and iii. The City will appropriate and expend an amount in excess of the minimum standards in 2024. b. Staff recommends approval of the resolution. Public Works, Sewer/Water Committee 1. Discussion and Possible Action Re: State/Municipal Financial Agreement for a State-Let Highway Project (US Hwy 18/151 – CTH G to STH 69), Project ID: 1204-08-03-73 and 1204-08-03-74 a. Project 1204-08-03-73: i. Proposed improvements may include changes at the CTH G interchange, which may include additional turning lanes, ramp terminal control, and widening of the CTH G structure over USH 18;  ii. Other improvements may include adding eastbound and westbound auxiliary lanes between the CTH G interchange and the West Verona Avenue/Epic Lane interchange. If added, these auxiliary lanes would require the widening of the USH 18 bridges over the Sugar River and the extension of the box culvert of the bike trail; b. Project 1204-08-74: i. Proposed improvements may include widening the eastbound on ramp at the West Verona Avenue/Epic Lane interchange to two lanes and adding an eastbound auxiliary lane from the West Verona Avenue/Epic Lane interchange to the STH 69 interchange. The proposed widening would require widening the ramp bridge over USH 18. c. Staff have reviewed the agreement and recommend approval. 2. Discussion and Possible Action Re: Design Engineering Services Agreement with AECOM for USH 18/151 project: a. This contract covers a number of engineering services related to WisDOT Project IDs: 1204-08-03-73 and 1204-08-03-74 b. Expenses for the engineering services agreement will be covered locally. c. Staff have reviewed the agreement and recommend approval.  STATE/MUNICIPAL FINANCIAL Date: July 24, 2023 AGREEMENT FOR A STATE- LET I.D.: 1204-08-03/ -73/ -74 HIGHWAY PROJECT Road Name: USH 18/151 Title: Mount Horeb - Madison Limits: CTH G to STH 69 County: Dane Roadway Length: 2 miles The signatory City of Verona, hereinafter called the Municipality, through its undersigned duly authorized officers or officials, hereby requests the State of Wisconsin Department of Transportation, hereinafter called the State, to initiate and affect the highway or street improvement hereinafter described. The authority for the Municipality to enter into this agreement with the State is provided by Section 86.25(1), (2), and (3) of the Statutes. NEEDS AND ESTIMATE SUMMARY: Existing Facility - Describe and give reason for request: USH 18 is a four-lane divided highway. Access is provided by interchanges on this portion of USH 18. Currently USH 18 in the Verona Area is experiencing congestion along the corridor. As development continues to grow along the USH 18 corridor, congestion and safety will become even a greater issue in this area due to the expected growth in traffic. Proposed Improvement - Nature of work: Project 1204-08-73: Proposed improvements may include changes at the CTH G interchange. These improvements may include additional turning lanes, ramp terminal control, and widening of the CTH G structure over USH 18. Other improvements may include adding eastbound and westbound auxiliary lanes between the CTH G interchange and the West Verona Avenue/Epic Lane interchange. If added, these auxiliary lanes would require the widening of the USH 18 bridges over the Sugar River and the extension of the box culvert of the bike trail. Project 1204-08-74: Proposed improvements may include widening the eastbound on ramp at the West Verona Avenue/Epic Lane interchange to two lanes and adding an eastbound auxiliary lane from the West Verona Avenue/Epic Lane interchange to the STH 69 interchange. The proposed widening would require widening the ramp bridge over USH 18. Describe non-participating work included in the project and other work necessary to finish the project completely which will be undertaken independently by the municipality: The Municipality is responsible for 100% of the design engineering costs, excluding State oversight. File: Planning\Project Agreement\Dane County Page 1 of 4 ID 1204-08-03 – SW Region  TABLE 1: SUMMARY OF COSTS Total Federal/State Municipal Phase Est. Cost Funds % Funds % Preliminary Engineering: Plan Development 0% 100% Design Oversight 1204-08-03 $ 80,000 $ 80,000 100% $ - 0% Real Estate Acquisition: Acquisition xxx-xx-xx $ - 100% $ - 0% subtotal xxxx-xx-xx: $ - $ - $ - 1 Construction: 1204-08-73 Roadway $ - 100% $ - 0% Widen B-13-52 $ - 100% $ - 0% Widen B-13-383 $ - 100% $ - 0% Widen B-13-403 $ - 100% $ - 0% Extend C-13-111 $ - 100% $ - 0% subtotal 1204-08-73: $ 12,600,000 $ 12,600,000 $ - 1 Construction: 1204-08-74 Roadway $ - 100% $ - 0% Widen B-13-573 $ - 100% $ - 0% subtotal 1204-08-74: $ 5,900,000 $ 5,900,000 $ - Total Cost Distribution $ 18,580,000 $ 18,580,000 $ - 1. Estimates includes construction engineering. This request shall constitute agreement between the Municipality and the State; is subject to the terms and conditions that follow (pages 3 – 4); is made by the undersigned under proper authority to make such request for the designated Municipality, upon signature by the State, and delivery to the Municipality. The initiation and accomplishment of the improvement will be subject to the applicable federal and state regulations. No term or provision of neither the State/Municipal Financial Agreement nor any of its attachments may be changed, waived or terminated orally but only by an instrument in writing executed by both parties to the State/Municipal Financial Agreement. Signed for and in behalf of the City of Verona (please sign in blue ink) Name (print) Luke Diaz Title Mayor Signature Date Signed for and in behalf of the State (please sign in blue ink) Name Steve Flottmeyer Title WisDOT Southwest Region Planning Chief Signature Date File: Planning\Project Agreement\Dane County Page 2 of 4 ID 1204-08-03 – SW Region TERMS AND CONDITIONS: 1. The Municipality shall pay to the State all costs incurred by the State in connection with the improvement which exceeds federal/state financing commitments or are ineligible for federal/state financing. Local participation shall be limited to the items and percentages set forth in the Summary of Costs table, which shows Municipal funding participation. In order to guarantee the Municipality’s foregoing agreements to pay the State, the Municipality, through its above duly authorized officers or officials, agrees and authorizes the State to set off and withhold the required reimbursement amount as determined by the State from General Transportation Aids or any moneys otherwise due and payable by the State to the Municipality. 2. Funding of each project phase is subject to inclusion in an approved program and per the State’s Facility Development Manual (FDM) standards. Federal aid and/or state transportation fund financing will be limited to participation in the costs of the following items as specified in the Summary of Costs: (a) State review services. (b) Real Estate necessitated for the improvement. (c) Compensable utility adjustment and railroad force work necessitated for the project. (d) The grading, base, pavement, curb and gutter, and structure costs to State standards, excluding the cost of parking areas. (e) Storm sewer mains, culverts, laterals, manholes, inlets, catch basins, and connections for surface water drainage of the improvement; including replacement and/or adjustments of existing storm sewer manhole covers and inlet grates as needed. (f) Construction engineering incidental to inspection and supervision of actual construction work, except for inspection, staking, and testing of sanitary sewer and water main. (g) Signing and pavement marking necessitated for the safe and efficient flow of traffic, including detour routes. (h) Replacement of existing sidewalks necessitated by construction and construction of new sidewalk at the time of construction. Sidewalk is considered to be new if it’s constructed in a location where it has not existed before. (i) Replacement of existing driveways, in kind, necessitated by the project. (j) New installations or alteration resulting from roadway construction of standard State street lighting and traffic signals or devices. Alteration may include salvaging and replacement of existing components. 3. Work necessary to complete the improvement to be financed entirely by the Municipality or other utility or facility owner includes the following items: (a) New installations of or alteration of sanitary sewers and connections, water, gas, electric, telephone, telegraph, fire or police alarm facilities, parking meters, and similar utilities. (b) New installation or alteration of signs not necessary for the safe and efficient flow of traffic. (c) Roadway and bridge width in excess of standards. (d) Construction inspection, staking, and material testing and acceptance for construction of sanitary sewer and water main. (e) Provide complete plans, specifications, and estimates for sanitary sewer and water main work. The Municipality assumes full responsibility for the design, installation, inspection, testing, and operation of the sanitary sewer and water system. This relieves the State and all of its employees from the liability for all suits, actions, or claims resulting from the sanitary sewer and water system construction. (f) Parking lane costs. File: Planning\Project Agreement\Dane County Page 3 of 4 ID 1204-08-03 – SW Region  (g) Coordinate, clean up, and fund any hazardous materials encountered for city utility construction. All hazardous material cleanup work shall be performed in accordance to state and federal regulations. 4. As the work progresses, the Municipality will be billed for work completed which is not chargeable to federal/state funds. Upon completion of the project, a final audit will be made to determine the final division of costs. 5. If the Municipality should withdraw the project, it shall reimburse the State for any costs incurred by the State in behalf of the project. 6. The work will be administered by the State and may include items not eligible for federal/state participation. 7. The Municipality shall, in cooperation with the State, assist with public relations for the project and announcements to the press and such outlets as would generally alert the affected property owners and the community of the nature, extent, and timing of the project and arrangements for handling traffic within and around the project. 8. Basis for local participation: (a) Preliminary Engineering and State Oversight (1204-08-03) The State is responsible for 100% for state oversight costs. The Municipality is responsible for 100% of the design engineering costs. These costs are funded locally, not through 1204-08-03. Comments and Clarification: This agreement is an active agreement that may need to be amended as the project is designed. It is understood that these amendments may be needed as some issues have not been fully evaluated or resolved. The purpose of this agreement is to specify the local and state involvement in funding the project. A signed agreement is required before the State will prepare or participate in the preparation of detailed designs, acquire right-of-way, or participate in construction of a project that merits local involvement. File: Planning\Project Agreement\Dane County Page 4 of 4 ID 1204-08-03 – SW Region MEMO To: Jamie Aulik, City Administrator CC: Public Works Sewer & Water Committee & Common Council From: Adam Waszak CPRP, Parks & Urban Forestry Director/Interim Director of Public Works Date: 10/4/2023 Subject: Design/Engineering Services US 18/151 – CTH G to STH 69 BACKGROUND INFORMATION Communication has been ongoing between the City of Verona and WisDOT regarding current and future anticipated traffic volumes in and around the City. The culmination of these conversations has lead to work being planned to accommodate additional traffic volumes along the West side of town, specifically in relation to US 18/151. Staff are now recommending executing a contract for design services with AECOM. Design work will include: US 18/151 • Eastbound and westbound auxiliary lanes to 181/151 between County G and W Verona Ave interchanges • Bridge widening over the Sugar River Us 18/151 & Dairy Ridge Interchange • Bridge widening of the existing CTHG/Dairy Ridge bridge • Ramp terminal traffic control improvements • Roadway design for appox. 1,000’ of Dairy Ridge Rd north of US 18/151. US 18/151 & W. Verona Ave. • Second lane addition to the Eastbound on-ramp. • Eastbound auxillary lane between W. Verona Ave. and WIS 69 interchanges. *All work constructed within WisDOT jurisdiction will be funded exclusively by WisDOT. Design will be funded locally. RECOMMENDED MOTION Authorize the execution of the provided design and engineering services agreement with AECOM for work associated with US 18/151 – CTH G to STH 69 not to exceed $2,920,000. ATTACHMENTS • Design Engineering Services Agreement  AECOM Project Number _______________ AECOM Project Name West Road City Project Name West Road DESIGN ENGINEERING SERVICES AGREEMENT This Design Engineering Services Agreement (“Agreement”) effective this ______________, 2023, is by and between City of Verona, a Wisconsin Municipality (“Client”), and AECOM Technical Services, Inc., a California corporation, (“AECOM”); each also referred to individually as (“Party”) and collectively as (“Parties”). In consideration of the mutual covenants and promises contained herein, the Parties agree as follows: 1. SCOPE OF SERVICES a. AECOM shall perform the services set forth in EXHIBIT A (“Services”), incorporated herein by reference. 1.2 AECOM will provide the work products specifically commissioned by Client for delivery by AECOM to Client and listed in EXHIBIT A (“Deliverables”) in accordance with the schedule (“Project Schedule”). 2. TERM OF AGREEMENT Upon execution by the Parties, this Agreement shall have the effective date set forth above. This Agreement shall remain in force until all obligations related to the Services, other than those obligations which survive termination of this Agreement under Article 27, have been fulfilled, unless this Agreement is sooner terminated as set forth herein. 3. COMPENSATION AND PAYMENT AECOM shall be paid for the performance of the Services in accordance with EXHIBIT B (“Compensation and Payment”), incorporated herein by reference. 4. NOTICE All notices, requests, claims, demands and other official communications herein shall be in writing. Such notices shall be given (i) by delivery in person, (ii) by a nationally recognized commercial courier service; or (iii) by United States Postal Service, registered mail, postage prepaid and return receipt requested. Notices shall be effective upon actual delivery to the other Party at the following addresses: TO CLIENT: City of Verona 111 Lincoln Street Verona, WI 53593 Attn: Adam Waszak, Interim Public Works Director TO AECOM: 1350 Deming Way, Suite 100 Middleton, WI 53562 Attn: Zach Larson, P.E. Project Manager Claims-related notices shall be copied to: AMER-DCSProjectClaimNotices@aecom.com or to which address the receiving Party may from time to time give notice to the other Party. Rejection or other refusal to accept, or the inability to deliver because of changed address for which no notice was given, shall be deemed to be receipt of the notice as of the date of such rejection, refusal to accept, or inability to deliver. Claims-related notices need to include the AECOM project name and number found in this Agreement as well as contact information of the person submitting the notice. 5. AECOM’S RESPONSIBILITIES U.S. Design Engineering Services Agreement (October 8, 2018) Rev. May 11, 2020 Page 1 of 22  City of Verona – US 18/151 WisDOT October 9, 2023 5.1 AECOM shall perform the Services in accordance with the degree of professional skill, quality and care ordinarily exercised by members of the same profession currently practicing in the same locality under comparable circumstances and as expeditiously as is consistent with professional skill and the orderly progress of the Project. The full extent of AECOM's responsibility with respect to the Services shall be to perform in accordance with the above standards and to remedy any material deficiencies or defects in the Deliverables at AECOM’s own expense, provided that AECOM is notified by Client, in writing, of any such deficiency or defect within a reasonable period after discovery thereof, but in no event later than 90 days after AECOM's completion or termination of the Services. AECOM MAKES NO OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, INFORMATIONAL CONTENT OR OTHERWISE. 5.2 AECOM will endeavor in good faith, as needed, to obtain from the appropriate authorities their interpretation of applicable codes and standards and will apply its professional judgment in interpreting the codes and standards as they apply to the Project at the time of performance of the Services. Notwithstanding the above, the Parties agree that, as the Project progresses, such codes or standards may change or the applicability of such codes or standards may vary from AECOM’s original interpretation through no fault of AECOM and that additional costs necessary to conform to such changes or interpretations during or after execution of the Services will be subject to an equitable adjustment in the Compensation and Project Schedule. 5.3 AECOM shall be responsible for its performance and that of AECOM’s lower-tier subcontractors and vendors. However, AECOM shall not be responsible for health or safety programs or precautions related to Client's activities or operations or those of Client's other contractors and consultants or their respective subcontractors and vendors (“Contractors”). AECOM shall have no responsibility for (i) construction means, methods, techniques, sequences or procedures; (ii) the direction of Contractors’ personnel; (iii) selection of construction equipment; (iv) coordination of Contractors’ work; (v) placing into operation any plant or equipment; or (vi) Contractors’ failure to perform the work in accordance with any applicable construction contract. AECOM shall not be responsible for inspecting, observing, reporting or correcting health or safety conditions or deficiencies of Client, Contractors or others at the project site (“Project Site”) other than AECOM’s employees, subconsultants and vendors. So as not to discourage AECOM from voluntarily addressing health or safety issues while at the Project Site, in the event AECOM does identify such issues by making observations, reports, suggestions or otherwise, AECOM shall have no authority to direct the actions of others not under AECOM’s responsibility and control and shall have no liability, responsibility, or affirmative duty arising on account of AECOM’s actions or forbearance. 5.4 Notwithstanding anything contained in this Agreement, AECOM shall have no responsibility for the discovery, presence, handling, removal, transportation, storage or disposal of, or exposure of persons to hazardous materials in any form related to the Project. AECOM shall not be responsible for Client's pre-existing site conditions or the aggravation of those preexisting site conditions to the extent not caused by the negligence or willful misconduct of AECOM. 5.5 In the event that the Services include construction observation or similar field services, AECOM’s responsibility shall be limited to determining general conformance with AECOM’s design. Visits by AECOM to the Project Site and observations made by AECOM shall not relieve the Contractors of ther obligation to conduct comprehensive inspections of the construction work sufficient to ensure conformance with the intent of the construction contract documents, and shall not relieve the Contractors of their responsibility for means, methods, techniques, sequences and procedures necessary for coordinating and completing all portions of the construction work and for all safety precautions incidental thereto. 5.6 Any opinions of probable construction costs provided by AECOM represent AECOM's good faith professional judgment in light of its experience, knowledge and the information reasonably available to AECOM at the time of preparation of the opinion. However, since AECOM has no control over the market, economic conditions or the bidding procedures, AECOM, its directors, officers and employees and subconsultants do not make any guarantees or warranties whatsoever, whether express or implied, with respect to such opinions and accept no responsibility for any loss or damage arising therefrom or in any way related thereto. Any reliance upon such opinions, whether by Client or third parties, do so at the relying party’s own sole risk. 6. CLIENT’S RESPONSIBILITIES U.S. Design Engineering Services Agreement (October 8, 2018) Rev. May 11, 2020 Page 2 of 22  City of Verona – US 18/151 WisDOT October 9, 2023 6.1 Client shall provide in writing any specific Client requirements or criteria for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations. 6.2 Client shall furnish all information and technical data in Client's possession or under its control reasonably required for AECOM’s proper performance of the Services prior to AECOM’s commencement of the Services or at such other times as Client and AECOM mutually agree. AECOM is entitled and will rely upon the accuracy, completeness, currency and non-infringement of information and data provided by Client or obtained from generally accepted sources within the industry, except to the extent such verification by AECOM may be expressly required as a defined part of the Services. AECOM will not be responsible for defects in its Services attributable to its reliance upon or use of such information and data. 6.3 Client shall arrange for access and make all provisions necessary for AECOM to enter upon public and/or private property as required for AECOM to properly perform the Services. Client shall disclose to AECOM any known or suspected hazards at the Project Site which may pose a threat to human health, property or the environment. 6.4 If any document or inquiry requires Client to approve, comment, or to provide any decision or direction with regard to the Services, such approval, comment, decision or direction shall be provided within a reasonable time within the context of the Project Schedule, or if not identified in the Project Schedule, within a reasonable time to facilitate the timely performance of the Services. 7. INDEPENDENT CONTRACTOR Nothing contained in this Agreement shall be construed to create a partnership, joint venture, or create a relationship of employer/employee or principal/agent between Client or Client’s Contractors and AECOM. 8. CONFIDENTIALITY 8.1 AECOM shall treat as confidential information and data delivered to it by Client or developed in the performance of the Services that are specified in writing by Client to be confidential (“Confidential Information”). Confidential Information shall not be disclosed to third parties by AECOM without the consent of Client, except to the extent reasonably believed necessary by AECOM for its performance of the Services, for a period of 5 years following completion or termination of this Agreement. 8.2 Notwithstanding the above, these restrictions shall not apply to Confidential Information which (i) is already known to AECOM at the time of its disclosure; (ii) becomes publicly known through no wrongful act or omission of AECOM; (iii) is communicated to a third party with the express written consent of Client and not subject to restrictions on further use or disclosure; (iv) is independently developed by AECOM; or, (v) to the extent such Confidential Information is required by Law to be disclosed; provided that the information required for disclosure shall remain Confidential Inforamtion as to all other persons or entities pursuant to the terms of this Agreement, and provided further that AECOM shall promptly provide Client with written notice of such requirement. 8.3 Upon termination of this Agreement or upon Client’s written request, AECOM shall return the Confidential Information to Client or destroy the Confidential Information in AECOM’s possession or control. Notwithstanding the above, AECOM shall not be required to destroy Confidential Information held electronically in archive or back-up systems in accordance with general systems archiving or backup policies or required for preservation by law, regulation, audit, data retention or corporate archival purposes or per regulatory, judicial or governmental order. All such retained Confidential Information shall be kept confidential by AECOM subject to and in accordance with the terms of this Agreement. 9. DATA RIGHTS 9.1 All right, title and interest in and to any Deliverables, and excluding any AECOM Intellectual Property, shall be assigned by AECOM to Client upon full payment for the Deliverables. Client acknowledges and agrees that AECOM is the author of, and retains all rights, title and interest in all other intellectual property, including U.S. Design Engineering Services Agreement (October 8, 2018) Rev. May 11, 2020 Page 3 of 22  City of Verona – US 18/151 WisDOT October 9, 2023 work papers, templates, details, designs, drawings, plans, renderings, analyses, calculations, models, software, macros, applications, specifications, processes, procedures, interim or draft documents, methodologies, know-how, and any other instruments of service: (a) belonging to AECOM or its consultants prior to the effective date of this Agreement; (b) developed by AECOM or its consultants outside the scope of, or not exclusively pursuant to, this Agreement; (c) licensed by AECOM or its consultants from a third-party; and (d) included within the Deliverables but which are generic, generally applicable to or standard in AECOM’s business (collectively, “AECOM Intellectual Property”). To the extent the Deliverables contain, or Client’s receipt of the Services require the use of AECOM Intellectual Property, to the extent of AECOM’s ownership and control thereof, AECOM hereby grants to Client, upon full payment for the Deliverables and Services, a limited, non-exclusive, non-assignable, royalty-free license to use and sublicense said AECOM Intellectual Property solely and to the extent necessary to achieve the purposes stated in EXHIBIT A. 9.2 Nothing in this Agreement shall be construed to prohibit AECOM or its consultants from using for other purposes, clients or projects the skills, knowledge and experience gained by AECOM or its consultants in the performance of the Services and provision of the Deliverables pursuant to this Agreement, provided that AECOM and its consultants do not use Client’s Confidential Information. 9.3 AECOM, in developing solutions, testing hypotheses, or documenting designs, may employ advanced technologies for simulation, information modeling, generative design, and the development of project documentation (“Technical Tools”). While these Technical Tools may result in digital files and/or simulations or models (“Datasets”), when not specifically defined within this Agreement, these Datasets will not constitute a Deliverable or portion thereof. Rather, the Technical Tools and Datasets will be a byproduct of AECOM’s internal processes and will be AECOM's sole proprietary information. Notwithstanding anything to the contrary in this Agreement, any ownership and data rights provisions will not apply to such Technical Tools and Datasets and AECOM will remain the sole owner of such Technical Tools and Datasets. 9.4 Client understands and accepts that the Services and Deliverables provided by AECOM pursuant to this Agreement are intended by AECOM for the sole use by Client for the specific purpose stated in EXHIBIT A. Client agrees, to the fullest extent permitted by law, to indemnify, defend and hold harmless AECOM and its consultants and their directors, officers, employees, agents, representatives, affiliated and parent companies, (“AECOM Indemnities”) against any and all claims, suits, causes of action, damages, losses, costs, expenses and liabilities (including the aggregate amount paid in reasonable settlement of any actions, suits, proceedings or claims), including reasonable attorneys’ fees and costs of defense, to which AECOM or any of the AECOM Indemnities may become subject as a consequence of any use or modification of, reliance upon, or transmission to a third party of, said Services, Deliverables, AECOM Intellectual Property, by Client outside the scope of this Agreement without the express, written permission by AECOM. 10. RECORD DRAWINGS Client shall direct the Contractors to provide AECOM with updated red-line documentation which accurately and completely reflects any changes between the original design and the final construction. Record drawings to be delivered by AECOM to Client as a part of the Services (“Record Drawings”) reflect the design provided by AECOM as modified by such updated information. Consistently with AECOM’s defined Services, AECOM shall not have an obligation to independently validate such information related to the actual construction. AECOM makes no warranty or guarantee with regard to the accuracy or completeness of the information provided by the Contractors and third parties and shall bear no responsibility for any errors or omissions arising from or related to any defects or deficiencies in such information. 11. ELECTRONIC FILES 11.1 Electronic files to be delivered under this Agreement, if any, contain information to be used for the production of contract documents for the Project and are provided solely as an accommodation to Client. The official Contract Documents of Record (“Contract Documents”) are those documents produced by AECOM which bear seals and/or signatures. Unless otherwise expressly set forth in the Services, no electronic files delivered under this Agreement are Contract Documents. 11.2 The electronic files, if any, were created to supplement the official Contract Documents. Due to the possibility that files of this nature can be modified, either unintentionally or otherwise; or that the information contained in these files can be used in a manner for which they were not originally intended; or that electronic data may be corrupted by electronic transmission, AECOM makes no representation that the files, after U.S. Design Engineering Services Agreement (October 8, 2018) Rev. May 11, 2020 Page 4 of 22  City of Verona – US 18/151 WisDOT October 9, 2023 delivery, will remain an accurate representation of the source data in AECOM's possession, or are suitable for any other purpose or use. 11.3 All indications of AECOM’s and AECOM’s subconsultants’ involvement, including but not limited to seals and signatures, shall be removed from each electronic display and shall not be included in any prints produced therefrom. 11.4 Client understands and agrees that the right to use the electronic files, if such are provided under this Agreement, is specifically limited to the Project and the purpose defined by AECOM and is conditioned upon proper payment for such use. 11.5 If a third-party license is required to access or use electronic files, Client acknowledges its responsibility at its own expense to obtain all applicable hardware and software needed to legally access the electronic files. AECOM shall have no liability for third parties’ use of or reliance on such files. 12. CERTIFICATION 12.1 For purposes of this Agreement, “certification” means to state or declare a professional opinion based on the standard of performance set forth in Section 5.1 above. 12.2 AECOM shall not be required to execute certificates that would (i) result in AECOM having to certify, guarantee or warrant the existence of conditions whose existence AECOM cannot reasonably ascertain under the existing Services; (ii) require knowledge, services or responsibilities beyond the Services; or (iii) may, in AECOM’s reasonable judgment, require AECOM to make a certification that would not normally be covered by AECOM’s professional or other liability insurance. In addition, Client agrees not to make resolution of any dispute with AECOM or payment of any amount due to AECOM in any way contingent upon AECOM executing such certificates. 12.3 A professional's certification in no way relieves other parties from meeting their respective requirements imposed by contract or other means, including commonly accepted industry standards and practices. If required as a part of its Services, AECOM will provide a written report stating whether, in AECOM’s professional opinion and based on periodic site visits, the construction work complies generally with the Contract Documents. 13. CHANGED SITE CONDITIONS The discovery of hazardous materials, hazardous wastes, pollutants, contaminants or concealed obstructions or utilities that could not reasonably have been anticipated from information provided to and reasonably apparent to AECOM constitutes a changed site condition. To the extent that such changed site condition increases the health and safety risks associated with the Services or requires AECOM to perform services different or in excess compared to those set forth in the Services, AECOM may, at its sole discretion, elect to suspend and/or terminate the related Services and shall be paid for the related Services up through the date of such termination. To the extent that the changed site conditions impact the cost, level of effort or schedule of the Services, equitable adjustments shall be made to the Services, schedule and fee under this Agreement. 14. MATERIALS AND SAMPLES Any items, substances, materials or samples removed from the Project Site for testing, analysis, or other evaluation will be returned to the Project Site unless otherwise agreed to by the Parties in writing. Client recognizes and agrees that AECOM is acting as a bailee and at no time assumes title to said items, substances, materials or samples. 15. COMPLIANCE The Parties shall comply with applicable treaties, compacts, statutes, ordinances, codes, regulations, consent decrees, orders, judgments, rules, and other requirements of governmental or judicial entities that have jurisdiction over the Services (“Law”). 16. FORCE MAJEURE Neither Party shall be responsible for a delay or disruption in, or inability to provide its respective performance under this Agreement, other than a delay in payment for Services already performed, if such delay is caused by events or contingencies, existing or future, beyond the reasonable control of the claiming Party, including “acts of God,” abnormal weather conditions or other natural catastrophes, war (whether declared or not), terrorism, sabotage, computer viruses, civil unrest, strikes, U.S. Design Engineering Services Agreement (October 8, 2018) Rev. May 11, 2020 Page 5 of 22  City of Verona – US 18/151 WisDOT October 9, 2023 lockouts or other industrial disturbances, pandemics, epidemics, health emergencies, virus (e.g., SARS Cov- 2), disease (e.g. COVID-19), plague, changes in law or regulations, quarantine, travel restrictions, discovery of hazardous materials, differing or unforeseeable site conditions, acts of governmental agencies or authorities (whether or not such acts are made in response to other Force Majeure Events), or any other events or circumstances not within the reasonable control of the party affected, whether or not of a similar kind or nature to any of the foregoing (a “Force Majeure Event”). The Party seeking application of this provision shall notify the other Party in writing promptly upon learning of the impact of the Force Majeure Event upon the notifying Party’s performance of its obligations under this Agreement. Upon the occurrence of a Force Majeure Event, AECOM shall be entitled to an equitable adjustment to the project schedule and compensation sufficient to compensate AECOM for any increase in the time or costs necessary to perform the Services under this Agreement. Should a Force Majeure Event substantially prevent or be reasonably likely to substantially prevent AECOM’s performance of the Services for more than thirty (30) days, then AECOM shall be entitled to terminate this Agreement without breach. In case of such termination, AECOM shall be entitled to compensation for those Services performed as of the date of termination. 17. INSURANCE 17.1 AECOM will maintain the following insurance coverages and amounts: 17.1.1 Workers Compensation insurance as required by Law; 17.1.2 Employer’s Liability insurance with coverage of $1,000,000 each accident/employee. 17.1.3 Commercial General Liability insurance with coverage of $2,000,000 per occurrence/aggregate; 17.1.4 Automobile Liability insurance with coverage of $1,000,000 combined single limit; and 17.1.5 Professional Liability insurance with coverage of $2,000,000 per claim/aggregate. 18. INDEMNITY 18.1 AECOM agrees to indemnify Client, its officers, directors and employees, from third party claims of loss or damage, exclusive of defense obligations, for bodily injury or property damage (“Claims”), to the proportional extent caused by AECOM’s negligence or willful misconduct. 18.2 If Services include AECOM’s performance during the construction phase of the Project, Client shall require Client’s Contractors working on the Project Site to include AECOM, its directors, officers and employees in any indemnity and in any insurance benefits that Client requires such Contractors to provide to Client. 19. CONSEQUENTIAL DAMAGES WAIVER NOTWITHSTANDING ANY OTHER PROVISION TO THE CONTRARY IN THIS AGREEMENT AND TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY, ITS PARENTS, AFFILIATES AND SUBSIDIARIES OR THEIR RESPECTIVE DIRECTORS OFFICERS OR EMPLOYEES BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF REVENUE, LOSS OF USE OR INTERRUPTION OF BUSINESS) ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND AECOM HEREBY RELEASES CLIENT AND CLIENT HEREBY RELEASES AECOM FROM ANY SUCH LIABILITY. 20. RISK ALLOCATION AND RESTRICTION OF REMEDIES THE PARTIES HAVE EVALUATED THE RESPECTIVE RISKS AND REMEDIES UNDER THIS AGREEMENT AND AGREE TO ALLOCATE THE RISKS AND RESTRICT THE REMEDIES TO REFLECT THAT EVALUATION. NOTWITHSTANDING ANY OTHER PROVISION TO THE CONTRARY IN THIS AGREEMENT AND TO THE FULLEST EXTENT PERMITTED BY LAW, CLIENT AGREES TO RESTRICT ITS REMEDIES UNDER THIS AGREEMENT AGAINST AECOM, ITS PARENTS, AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE U.S. Design Engineering Services Agreement (October 8, 2018) Rev. May 11, 2020 Page 6 of 22  City of Verona – US 18/151 WisDOT October 9, 2023 DIRECTORS, OFFICERS, SHAREHOLDERS AND EMPLOYEES, (“AECOM COVERED PARTIES”), SO THAT THE TOTAL AGGREGATE LIABILITY OF THE AECOM COVERED PARTIES SHALL NOT EXCEED $250,000 OR THE ACTUAL PAID COMPENSATION FOR THE SERVICES, WHICHEVER IS GREATER. THIS RESTRICTION OF REMEDIES SHALL APPLY TO ALL SUITS, CLAIMS, ACTIONS, LOSSES, COSTS (INCLUDING ATTORNEY FEES) AND DAMAGES OF ANY NATURE ARISING FROM OR RELATED TO THIS AGREEMENT WITHOUT REGARD TO THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS IMPOSED. CLAIMS MUST BE BROUGHT WITHIN ONE CALENDAR YEAR FROM PERFORMANCE OF THE SERVICES UNLESS A LONGER PERIOD IS REQUIRED BY LAW. 21. DISPUTES RESOLUTION 21.1 Either Party may initiate a dispute resolution by providing written notice to the other Party setting forth the subject of the claim, dispute or controversy and the requested relief. The recipient of such notice shall respond within 5 business days with a written statement of its position and a recommended solution to the Claim. 21.2 If the Parties cannot resolve the dispute through negotiation, either Party may refer the claim, dispute or controversy to a panel (“Panel”) consisting of a designated senior representative from each Party (“Representative”), who shall have the authority to resolve it. The Representatives shall not have been directly involved in the Services and shall negotiate in good faith. No written or verbal representation made by either Party in the course of any Panel proceeding or other settlement negotiations shall be deemed to be a Party’s admission. If the representatives are unable to resolve the dispute within 15 business days, either Party may pursue its respective legal and equitable remedies. 22. GOVERNING LAW All contract issues and matters of law will be adjudicated in accordance with the laws of the state where the Project is located, excluding any provisions or principles thereof which would require the application of the laws of a different jurisdiction. 23. TERMINATION 23.1 This Agreement may be terminated for convenience by either Party upon 30 days advance written notice. On termination, AECOM will be paid for all Services performed up through the termination date. 23.2 This Agreement may be terminated for cause by either Party if the other Party materially fails to perform its obligations under this Agreement, does not commence correction of such non-performance within 10 business days of receipt of written notice and/or fails to diligently complete such correction thereafter. The respective rights and obligations of the Parties predating such termination shall survive termination of this Agreement. 24. ASSIGNMENT 24.1 Neither Party may assign this Agreement without the written consent of the other Party, which unconcented-to assignment shall be void ab initio. 24.2 Notwithstanding Section 24.1 above, the Parties recognize that AECOM has affiliated companies who have specialized expertise, necessary certifications/registrations or other capabilities that may make use of such affiliates more suitable for the performance of all or part of the Services. AECOM shall be entitled, without additional consent, to assign this Agreement or performance of the Services, in whole or in part, to any of AECOM’s subsidiaries or affiliates upon written notice to Client. 25. PARTIES IN INTEREST Nothing in this Agreement, expressed or implied, is intended to confer on any person or entity other than the Parties any right or remedy under or by reason of this Agreement. The provisions of this Agreement shall bind and inure solely to the benefit of the Parties and their respective successors and permitted assigns. U.S. Design Engineering Services Agreement (October 8, 2018) Rev. May 11, 2020 Page 7 of 22  City of Verona – US 18/151 WisDOT October 9, 2023 26. WAIVER Either Party may in writing waive any provisions of this Agreement to the extent such provision is for the benefit of the waiving Party. No waiver by any Party of a breach of any provision of this Agreement shall be construed to be a waiver of any subsequent or different breach. 27. SEVERABILITY AND SURVIVAL The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions, and this Agreement shall be construed in all respects as if any invalid or unenforceable provisions were omitted. Articles 4 (Notice), 5 (AECOM’s Responsibilities), 6.2 (Reliance on Data), 8 (Confidentiality), 9 (Data Rights), 10 (Record Drawings), 11 (Electronic Records), 12 (Certification), 14 (Materials and Samples), 17 (Insurance), 18 (Indemnity), 19 (Consequential Damages Waiver), 20 (Risk Allocation), 21 (Disputes Resolution), 22 (Governing Law), 24 (Assignment), 25 (Parties in Interest) and 27 (Severability and Survival) shall survive termination of this Agreement. To the extent any provision of this Agreement violates any law, or is otherwise invalid or unenforceable, said provision shall be revised to the limited extent necessary to make that provision legal and enforceable and, to the fullest extent permitted by law, consistent with Parties’ original intent. 28. PREPARATION OF AGREEMENT Each Party has had the opportunity to avail itself of legal advice and counsel. Neither Party shall be deemed to be the drafter or author of this Agreement. In the event this Agreement is subject to interpretation or construction by a court of law or panel of arbitration, such court or panel shall not construe this Agreement, or any portion hereof, against either Party as the drafter of this Agreement. 29. SIGNATURES Each person executing this Agreement warrants that he/she has the necessary authority to do so on behalf of the respective Party. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute a single agreement. 30. ORDER OF PRECEDENCE Executed Change Orders Desgin Engineering Services Agreement Article 31 “Special Terms and Conditions” Design Engineering Services Agreement Articles 1 through 30 and 32 EXHIBIT B Compensation and Payment EXHIBIT A Services Other contract documents 31. SPECIAL TERMS AND CONDITIONS None 32. ENTIRE AGREEMENT This Agreement contains all of the promises, representations and understandings of the Parties and supersedes any previous understandings, commitments, proposals or agreements, whether oral or written. This Agreement shall not be altered, changed, or amended except as set forth in a written amendment to this Agreement, duly executed by both Parties. The attached EXHIBIT C (“Change Order”), incorporated herein by reference, is the preferred form for such use. U.S. Design Engineering Services Agreement (October 8, 2018) Rev. May 11, 2020 Page 8 of 22  City of Verona – US 18/151 WisDOT October 9, 2023 EXHIBIT A SERVICES Services: AECOM will perform the engineering services for the design and permitting of the following items: US 18/151 & Dairy Ridge Interchange  Bridge widening expansion of the existing CTH G/Dairy Ridge bridge over US 18/151  Ramp terminal traffic control will be based on the Intersection Control Evaluation (ICE) completed as part of a separate project. o Westbound US 18/151 & Dairy Ridge/CTH G intersection  Roundabout or traffic signal  Roundabout o Two soutbound through lanes (shared through/right and through lane) o Add channelized, 400 foot westbound right turn lane  Traffic Signal o Add channelized, 400 foot westbound right turn lane o Eastbound US 18/151 & Dairy Ridge/CTH G intersection  Roundabout or side-road stop controlled  Roundabout o Two soutbound left turn lanes (shared through/left and left turn lane)  Side-road stop controlled o Add 200’ eastbound right turn lane  Include roadway design of approximately 1,000 feet of Dairy Ridge Road north of the US 18/151 & Dairy Ridge/CTH G interchange. US 18/151  Add eastbound and westbound auxiliary lanes to USH 18/151 between the County G and W Verona Ave interchanges.  Bridge widening of structures over the Sugar River  Culvert extension for Military Ridge State Trail US 18/151 & W Verona Ave/Epic Lane Interchange  Add second lane to the eastbound on-ramp from Verona Ave to USH 18/151 that will require widening the bridge over USH 18/151.  An eastbound auxiliary lane will be added to USH 18/151 between the West Verona Avenue and the WIS 69 interchanges. The SERVICES to be provided for the PROJECT are as follows: A. Survey (Topographic) 1. No Topographic Survey is required as part of this contract. Topographic survey was previously provided by the CLIENT. B. Survey (Existing Right of Way) 1. AECOM to conduct surveys that provide information necessary for the preparation of plats and acquisition of rights of way and property. Provide right-of-way monumentation information. All such information shall be provided in an electronic file in accordance with WisDOT standards. U.S. Design Engineering Services Agreement (October 8, 2018) Rev. May 11, 2020 Page 10 of 22  City of Verona – US 18/151 WisDOT October 9, 2023 a. All coordinate information will be referenced to Wisconsin Coordinate Reference System coordinates (WISCRS), Dane County, NAD 1983 (2011), in U.S. survey feet. 2. Provide right of way survey for the following five (5) parcels, located adjacent to the CTH G interchange: a. Epic Systems Corporation (north parcel) b. Epic Systems Corporation (south parcel) c. Steven and Terri Gust d. Farm Land AAJ LLC e. Verona Soccer Club Inc 3. Topographic and Utility survey CADD files in WisDOT format to be provided by OTHERS for utilization in developing the Transportation Project Plat. 4. Survey Control Points at the project site and Survey Control CADD files in WisDOT format to be provided by OTHERS for utilization in performing the right-of-way survey for the Transportation Project Plat. 5. Locate the necessary section corners for the right-of-way plat. It is estimated that up to three (3) section corners need to be located and established and tied to the Wisconsin Coordinate Reference System coordinates (WISCRS), Dane County, NAD 1983 (2011), in U.S. survey feet. Do not apply for reimbursement from the applicable county for these costs. 6. Tie surveys to section corners, quarter section corners, and to street lines or block corners in platted areas. Ties shall be in sufficient detail to permit the preparation of proper legal descriptions of the lands acquired. 7. Submit all survey data (including description, measured, and computed data) to the DEPARTMENT in the AASHTO SDMS format, in accordance with the MANUAL. Copies of original notes or printouts from other systems which may be used in lieu of the SDMS Collector software shall also be provided. C. Traffic Signal/Lighting 1. Traffic Signal or lighting design at the project Intersections: a. US 18/151 & Dairy Ridge/CTH G WB ramp terminal b. US 18/151 & Dairy Ridge/CTH G EB Ramp terminal 2. Prepare traffic signal plans or lighting plans at the intersection listed in item in C.1. 3. Prepare quantity estimates of the traffic signal or lighting improvements at 60%, 90%, and final design stages. 4. Coordinate with WisDOT. 5. Design intersection lighting or traffic signals for intersections identified in item C.1. in accordance with IESNA RP-8, AASHTO, and WisDOT Traffic Engineering, Operations and Safety Manual (TEOpS). D. Roadway Design: 1. Prepare roadway plans for the following:  US 18/151 & Dairy Ridge Interchange o Bridge widening expansion of the existing CTH G/Dairy Ridge bridge over US 18/151 o Ramp terminal traffic control will be based on the Intersection Control Evaluation (ICE) completed as part of a separate project.  Westbound US 18/151 & Dairy Ridge/CTH G intersection  Roundabout or traffic signal o Roundabout  Two soutbound through lanes (shared through/right and through lane)  Add channelized, 400 foot westbound right turn lane o Traffic Signal  Add channelized, 400 foot westbound right turn lane  Eastbound US 18/151 & Dairy Ridge/CTH G intersection  Roundabout or side-road stop controlled o Roundabout U.S. Design Engineering Services Agreement (October 8, 2018) Rev. May 11, 2020 Page 11 of 22  City of Verona – US 18/151 WisDOT October 9, 2023  Two soutbound left turn lanes (shared through/left and left turn lane) o Side-road stop controlled  Add 200’ eastbound right turn lane o Include roadway design of approximately 1,000 feet of Dairy Ridge Road north of the US 18/151 & Dairy Ridge/CTH G interchange.  US 18/151  Add eastbound and westbound auxiliary lanes to USH 18/151 between the County G and W Verona Ave interchanges.  US 18/151 & W Verona Ave/Epic Lane Interchange  Add second lane to the eastbound on-ramp from Verona Ave to USH 18/151 that will require widening the bridge over USH 18/151.  An eastbound auxiliary lane will be added to USH 18/151 between the West Verona Avenue and the WIS 69 interchanges. 2. Prepare quantity estimates of the proposed roadway improvements at 60%, 90%, and final design stages. 3. Prepare the following permit applications: a. Town of Verona work in Right of Way E. Drainage Design: 1. Create existing drainage area maps for the corridor, showing overall drainage patterns, existing culverts and storm sewer systems, and other water resources such as wetlands. 2. Design drainage systems for the proposed project. Drainage systems are anticipated to be rural (culverts and ditches). 3. Design stormwater management facilities to meet WisDOT stormwater treatment requirements. 4. Analyze temporary drainage conditions to allow for Maintenance of Traffic during construction. 5. Prepare WisDOT Drainage Design Report to document existing and proposed drainage within the project area. Report will be submitted at 60%, 90%, and Final design. F. Wetland Delineation: 1. No wetland delineation is required. Wetland delineation has been completed with a previous project. G. Floodplain 1. Hydrologic Analysis a. Calculate flows using two independent techniques in accordance with NR116.07(3). i. Flows from the effective HEC-HMS model ii. Regression Method b. Summarize the proposed hydrology in Hydrologic Report. 2. Hydraulic Analysis a. A existing conditions hydraulic model (HEC-RAS) for the Sugar River from USH 18/151 to White Crossing has been developed. This model will be used to model the widened bridge in the vicinity of the bridge in HEC-RAS. b. Model one proposed widened bridge alternative in HEC-RAS. c. Calculate scour using FHWA Hydraulic Toolbox for the preferred alternative. d. Summarize hydraulic analysis in Structure Survey Report/Hydraulic Report. i. 2-year velocity and 2-year high-water elevation (HW2) ii. 100-year velocity and 100-year high-water elevation (HW100) Assumptions: 1. Dane County LiDAR data will supplement survey data outside of the main survey as needed. 2. Preparation of a Conditional Letter of Map Revision and Letter of Map Revision (CLOMR/LOMR) will be considered “Extra Services.” U.S. Design Engineering Services Agreement (October 8, 2018) Rev. May 11, 2020 Page 12 of 22  City of Verona – US 18/151 WisDOT October 9, 2023 3. Fish passage design will be considered “Extra Services.” 4. No Drainage District. 5. Dredging design will be considered “Extra Services.” 6. Velocity dissipation measures above and beyond sizing the structure (e.g. velocity dissipation pools, weirs, baffles, etc.) will be considered “Extra Services.” 7. Bedrock scour analysis will be considered “Extra Services.” 8. No temporary construction conditions model will be created. 9. Other drainage structures and the Military State Ridge Trail structure (under US 18/151) will be included in the HEC-RAS model. H. Geotechnical: 1. Client shall subcontract with a geotechnical engineer. 2. AECOM will prepare scope of work for the needs of the geotechnical engineering for boring parameters, lab testing, reporting, etc. I. Structure Design 1. Prepare preliminary and final design and plans for the following structures;  Bridge widening of the existing US 18/151 & Dairy Ridge/County G interchange (B-13-403)  Bridge widening for auxiliary lanes between Dairy Ridge/County G and W Verona Avenue interchanges (B-12-383 and B-13-52) and culvert extension of C-13-111.  Bridge widening for auxiliary lane from W Verona Ave to STH 69 (B-13-573).  Six overhead sign structures supporting Type 1 signs. 2. Preliminary plans for each structure will show the structure plan, elevation, and typical cross section, and all other pertinent type, size and location data. 3. Final plans for structures shall include schedules for bar steel reinforcement, except for structure elements that are contractor designed. Such schedules shall provide all of the necessary detail required for the fabrication of the reinforcement without the necessity of making separate shop drawings for that purpose. 4. In the design and development of the Structure Plans, only the structure type/configuration described for each structure above will be considered. Minor geometric adjustments will be considered based on site conditions and design requirements. However, consideration of additional structure types will be considered “Extra Services”. Coordination and submittals to WisDOT Bureau of Structures is included within this scope. 5. Coordination with the Geotechnical Engineer is included within this scope. 6. Review of shop drawings is not anticipated under this contract. J. Design Reports 1. Prepare a Type 2 Transportation Management Plan (TMP) in accordance with WisDOT’s guidelines for Project C impacting USH 18/151. 2. Prepare a Pavement Design Report (PDR) in accordance with WisDOT’s guidelines. 3. Prepare a Design Study Report (DSR) in accordance with WisDOT’s guidelines. 4. Prepare an Environmental Document CEC for the PROJECT as specified in the MANUAL and Chapter TRANS 400, Wisconsin Administrative Code. Furnish the required document to the DEPARTMENT for approval. In the event of a conflict between the MANUAL and TRANS 400, Wisconsin Administrative Code, the administrative rule supersedes. The following services are NOT included as part of the CONTRACT: a. Agricultural Impact Notice. A Summary Agricultural Impact Notice is assumed for this project. b. Historical and Archaeological Surveys and Studies – to be provided by OTHERS. It is assumed that UW-Milwaukee will perform these services. c. Air Quality Analysis 5. AECOM will perform a desktop review for potential hazmat concerns at the box culvert site by searching online information sources, including WDNR's BRRTS database and RR Sites Map, WDNR's registry of waste disposal sites (SHWMS), and DATCP's registry of underground storage tanks. An on-site field review of the box culvert will be provided. U.S. Design Engineering Services Agreement (October 8, 2018) Rev. May 11, 2020 Page 13 of 22  City of Verona – US 18/151 WisDOT October 9, 2023 6. Section 6(f) Evaluation: a. The CONSULTANT shall prepare a SECTION 6(f) OR OTHER UNIQUE PROPERTIES Factor Sheet and coordinate with the landowner. The factor sheet will document the project's effects on the existing trail and the coordination will document the project impacts to the trail. It is assumed that no real estate will be acquired from Wisconsin DNR or lands considered 6(f) lands. A letter from Wisconsin DNR allowing construction of the Military Ridge State Trail box culvert extension will be required. K. Plans, Specifications, & Estimate 1. Develop plans adhering to WisDOT standards. Anticipated plan sheets include: a. Title b. Construction Notes c. Project Overview d. Existing Typical Sections e. Typical Finished Sections f. Construction Details & WisDOT SDD’s g. Plan Details h. Removals i. Paving Grades j. Guardrail / Cable Guard Detail Sheets k. Erosion Control Plans, Details, and Notes l. Water and Sanitary Sewer Sheets m. Storm Sewer Sheets n. Permanent Signing & Pavement Marking o. Traffic Control/Staging p. Traffic Signal Plans or Lighting Plans q. Alignment Data r. Structure Design Plans s. Cross Sections 2. Develop special provisions based on WisDOT standards. 3. Develop WisDOT PSE documents. 4. Develop a construction quantity estimate using WisDOT standard items and necessary WisDOT items. 5. Prepare 60% plans with quantity estimate, 90% plans with quantity estimate and WisDOT PSE documents, and final plans with quantity estimate and WisDOT PSE documents. L. Meetings and Project Management 1. Attend up to thirty (30) bi-weekly (in person or virtual) meetings at the City of Verona. Meetings will include City of Verona staff, WisDOT staff, and up to four AECOM employees present. AECOM shall perform other project management and administrative tasks as needed to execute and complete the project. 2. Meet with WisDOT staff up to four (4) times in person to coordinate design review meetings. Up to three AECOM employees will attend the following meetings: a. 60% Review Meeting b. 90% Review Meeting c. PSE Review Meeting 3. Meet with Wisconsin DNR staff up to three (3) times in person to coordinate design surrounding Wisconsin DNR lands. Up to three AECOM employees will attend. 4. Meet with applicable utility companies up to two (2) times. Up to three (3) AECOM employees will attend. M. Agency Coordination / Public Involvement 1. Coordinate with the following agencies: U.S. Design Engineering Services Agreement (October 8, 2018) Rev. May 11, 2020 Page 14 of 22  City of Verona – US 18/151 WisDOT October 9, 2023 a. Wisconsin Department of Natural Resources b. U.S. Fish and Wildlife Service c. U.S. Army Corps of Engineers d. WisDOT Bureau of Aeronautics /Local Airport/FAA e. Native American Tribal Governments f. State Historical Preservation Office/WisDOT Cultural Resources g. Wisconsin Department of Agriculture, Trade and Consumer Protection h. Dane County Zoning Division 2. Coordination with the following agencies is NOT included: a. U.S. Coast Guard b. National Resources Conservation Service N. Utility Coordination 1. AECOM will send out project notifications and potential conflict locations to known utility companies. AECOM will prepare utility coordination materials following WisDOT DT1077 and DT 1078 process. O. Bidding 1. Project will be let through the WisDOT system. P. Transportation Project Plats 1. AECOM to provide Transportation Project Plats. 2. Provide a right of way plat for the following five (5) parcels, located adjacent to the CTH G interchange: a. Epic Systems Corporation (north parcel) b. Epic Systems Corporation (south parcel) c. Steven and Terri Gust d. Farm Land AAJ LLC e. Verona Soccer Club Inc 3. Prepare the transportation project plat for the PROJECT in accordance with Wisconsin Statute 84.095, WisDOT Guide to Utility Coordination and the MANUALS. a. Prepare each transportation project plat sheet showing coordinates on all section corners and on all main line and side road survey line/reference line PI’s. b. All coordinate information will be referenced to Wisconsin Coordinate Reference System coordinates (WISCRS), Dane County, NAD 1983 (2011), In U.S. survey feet. c. Provide the DEPARTMENT an electronic CSV file with unique point ID’s of all right-of-way points, PI’s and section corners on the project. d. Provide the DEPARTMENT with an electronic report describing all elements within all alignments and an electronic XML file, for each alignment. e. Show all newly monumented right-of-way points and reestablished right-of-way points with the size and kind noted (ex. 1” I.P.) in accordance with the MANUALS. f. Show all recovered monuments with the size and kind noted in accordance with the MANUALS. g. Note on the plat existing access control or access covenants from previous DEPARTMENT projects, CSM’s or subdivisions. h. Note on the plat existing property lines along with CSM’s, subdivisions, assessor plats, county plats, and condominium plats, plats of survey and other surveys of record. i. Assign a note or table to every transportation project plat to include the historical basis for dimensioning the existing highway right-of-way; include intersecting roads. j. Show the bearing and distance along the section line to the adjacent quarter corner or section corner whenever the mainline reference line and the right-of-way lines cross a section line. Note on the plat the type and coordinates of the section corner. k. Provide the DEPARTMENT with a Cogo Printout of the exterior boundaries of the right-of-way, which specifies closure of the traverse. U.S. Design Engineering Services Agreement (October 8, 2018) Rev. May 11, 2020 Page 15 of 22  City of Verona – US 18/151 WisDOT October 9, 2023 l. Submit a final full size, 22” x 34” pdf, unless otherwise specified by the county, in accordance with the MANUALS upon final approval of the DEPARTMENT. m. Submit the plat PROJECT DOCUMENTS in accordance with the MANUALS upon receiving final approval from the DEPARTMENT. 4. Title Searches/Updates a. CLIENT to provide Title searches. It is estimated that up to five (5) title searches are required. 3. Provide right-of-way descriptions for up to five (5) individual parcels of land and interests to be acquired as right-of-way for the PROJECT. Write descriptions in accordance with Wisconsin Statute 84.095 (7) and the MANUALS. 4. Prepare the descriptions using Microsoft Word 2007 or newer software or software compatible with the DEPARTMENT, and provide a copy of the descriptions, excluding the recording information, in an electronic format to the DEPARTMENT. Contact the DEPARTMENT’S real estate unit for current formatting instructions prior to writing any descriptions. 5. Provide, upon request, two survey efforts to field locate and temporarily mark the new right-of-way boundaries including all temporary and permanent easements in a manner which will facilitate the appraisal of all affected parcels and relocation of affected utilities. Staking activities shall be coordinated with the DEPARTMENT’S real estate section to provide at least two weeks lead time for the DEPARTMENT to notify property owners. 6. Monument the new and reestablished right-of-way points, as depicted on the transportation project plat, prior to construction. Submit to the DEPARTMENT an as-staked document after right-of-way staking is complete. 7. Be responsible for all revisions to the transportation project plat and right-of-way descriptions, until the transportation project plat is recorded with the County Register of Deeds Office, unless specifically excluded by the CONTRACT. All amendments or revisions to the recorded transportation project plat shall be made in accordance with Wisconsin Statute 84.095, and the transportation project plat guidelines. 8. Submit the transportation project plat to the DEPARTMENT for review and approval. The DEPARTMENT will be responsible for the recording of all transportation project plats. Schedule: The plans, specifications, and construction estimate will be completed as shown below assuming the project is initiated the week of October 9, 2023. 1. 60% Plans, Quantity Estimate January 15, 2024 2. Pre-Final Plans, Quantity Estimate, Project Manual June 1, 2024 3. Final PS&E/Project Manual August 1, 2024 AECOM shall provide engineering services from the start date until the project completion prior to April 1, 2025. Deliverables: Prepare up to three (3) submittals for 60% Plans, Pre-Final PS&E/Project Manual, and Final PS&E/Project manual. 1. 60% plans and 60% quantity estimate. 2. Pre-Final PS&E will consist of 90% plans, 90% quantity estimate, and 90% project manual. 3. Final PS&E/Project manual fill consist of plans, quantity estimate, and complete project manual. a. Final CADD files will be required for final submittal. Assumptions: U.S. Design Engineering Services Agreement (October 8, 2018) Rev. May 11, 2020 Page 16 of 22  City of Verona – US 18/151 WisDOT October 9, 2023 1. This agreement does not include fees associated with permit applications to state agencies. CLIENT agrees to pay these fees directly to the permitting agency at the time the actual fee amount is determined. 2. CLIENT to provide as-built plans along USH 18/151 and within project area. 3. CLIENT to provide Title Searches. 4. Project will provide a WisDOT Pavement Design Report.. 5. Any geotechnical investigation and reporting shall be performed by CLIENT. 6. No Hazardous Materials impacts are anticipated. If any Hazardous Materials are discovered, it will be considered extra work. 7. No Traffic Impact Analysis report will be submitted to WisDOT within this CONTRACT as this task is being completed under a separate contract. 8. The project will be permitted through WisDOT via the TRANS 401 permit process. 9. City staff will administer and prepared any third party agreements necessary with WisDOT and/or Wisconsin Department of Natural resources. AECOM will prepare any legal descriptions and figures necessary for the agreements for the City’s use. 10. The design reviews will be completed simultaneously between Verona and WisDOT and the environmental reviews will be completed simultaneously between Verona, WisDOT, WDNR, and FHWA. 11. An Operational Planning Meeting or Local Officials Meeting is not included in this CONTRACT. 12. Property acquisition and negotiations will be handled by WisDOT. 13. No stormwater pumping will be required. 14. All permit fees are the responsibility of the Client. AECOM Project Manager Name Zach Larson, P.E. Title Project Manager Address 1350 Deming Way, Suite 100, Middleton, WI 53562 Phone Number 608-828-8165 Email Address Zachary.Larson@aecom.com Client Project Manager Name Adam Waszak Title Park and Urban Forestry Director/ Interim Public Works Director Address 410 Investment Court, Verona, WI 53593-8749 Phone Number 608-848-6809 Email Address adam.waszak@ci.verona.wi.us (End of page) U.S. Design Engineering Services Agreement (October 8, 2018) Rev. May 11, 2020 Page 17 of 22  City of Verona – US 18/151 WisDOT October 9, 2023 EXHIBIT B COMPENSATION AND PAYMENT 5. COMPENSATION The Services set forth in EXHIBIT A will be compensated on the following basis: [] Advance retainer of [$ ] The advance retainer is to be applied to the final invoice. Any remainder will be returned to Client within 30 days of receipt of final payment. Choose one of the following types of compensation by marking the applicable “[ ]”: [] Time & Material - See Section 2.1 for Hourly Labor Rates [X ] Time and Materials with a Not-to-Exceed (“NTE”) amount of ($ 2,920,000). The Hourly Labor Rates (if applicable) are as in Section 2.1 below. Reimbursable expenses are included in the overall NTE cap. [] Lump Sum [$]: Milestone/Deliverable & Date Payment Amount $ [] Cost Plus Fixed Fee: [Cost $ and Fee $ ] [] Other: Insert other type of compensation if that type is not listed above. Any additional types of compensation require Contract Reviewer/Analyst’s approval. (2) RATE SCHEDULE Compensation shall be based on the following Hourly Labor Rate Schedule: 2.1 HOURLY LABOR RATE SCHEDULE Intentially Omitted 2.2 OTHER HOURLY LABOR RATE CATAGORIES If additional labor categories are authorized during the performance of this Agreement, compensation for each additional category will be negotiated at the time the additional Services are authorized. 2.3 ANNUAL HOURLY LABOR RATE ADJUSTMENTS The Hourly Labor Rate Schedule is adjusted each calendar year to reflect updated labor cost categories. Labor cost of Services authorized in subsequent calendar years will be based on the applicable Hourly Labor Rate Schedule for those years. 3. REIMBURSEABLE EXPENSES Reimbursable expenses are expenditures made by AECOM for goods, travel expenses and vendor services in support of the performance of the Services. Such expenditures will be billed at the actual cost to AECOM . 1. CHANGE ORDERS The Parties may at any time and by written agreement make changes in the Services, Project Schedule, Deliverables, Compensation or other terms and conditions in this Agreement. The Parties shall effect such change through the use of a written Change Order. EXHIBIT C is the preferred form for such use. 5. INVOICING AECOM will invoice Client on a monthly basis unless otherwise set forth herein. U.S. Design Engineering Services Agreement (October 8, 2018) Rev. May 11, 2020 Page 18 of 22  City of Verona – US 18/151 WisDOT October 9, 2023 6 PAYMENT 6.1 If payment is based on Time and Materials with a NTE, once AECOM reaches the NTE, AECOM will stop further Services pending a Change Order to adjust the budget and schedule for the continued performance of the Services. 6.2 Timely payment is a material term of this Agreement. Client shall pay all undisputed portions of AECOM’s invoices within 30 days of receipt without holdback or retention. Client shall notify AECOM within fourteen (14) days of the receipt of the invoice of any disputed items. Such notice must be accompanied by a detailed description of any disputed items and include supporting documentation as well as references to the provision(s) of this Agreement which permit a holdback or retention. If such notice is not provided within fourteen (14) days, Client waives its rights to dispute the invoice Undisputed amounts remaining unpaid 30 days after the invoice date shall bear interest at the rate of 1.5% per month on the unpaid balance and AECOM may suspend the Services pending receipt of such payment. In addition, AECOM retains its unrestricted rights under Article 23 (Termination) of the Agreement. 6.3 If the Project is suspended by Client for more than 30 days, AECOM shall be paid for all Services performed prior to the effective date of suspension within 30 days of such suspension. Upon resumption of the Project, AECOM shall be entitled to an equitable adjustment in cost and schedule to compensate AECOM for expenses incurred as a result of the interruption and resumption of the Services. 6.4 To the extent that completion of the Services is delayed beyond the original scheduled completion date and such delay is not the fault of AECOM, an equitable adjustment shall be made to AECOM’s Compensation and Project Schedule. 6.5 Except as otherwise specifically provided herein, Client shall pay or reimburse AECOM, as appropriate, for all categories of taxes other than income tax, including without limitation, sales, consumer, use, value added, gross receipts, privilege, and local license taxes related to the Services. 6.6 Client shall make payments to AECOM using one of the following methods: 6.6.1 AECOM LOCKBOX: AECOM Technical Services, Inc. 1178 Paysphere Circle Chicago, IL 60674 6.6.2 ELECTRONIC FUNDS TRANSFER/ACH PAYMENT: Account Name: AECOM Technical Services, Inc. Bank Name: Bank of America Address1: Building D Address2: 2000 Clayton Road City/State/Zip: Concord, CA 94520-2425 Account Number: 5800937020 ABA Routing Number: 071000039 6.6.3 WIRE TRANSFER: Account Name: AECOM Technical Services, Inc. Bank Name: Bank of America Address: 100 West 33rd St City/State/Zip: New York, NY 10001 Account Number: 5800937020 ABA Routing Number: 026009593 SWIFT Code: BOFAUS3N U.S. Design Engineering Services Agreement (October 8, 2018) Rev. May 11, 2020 Page 19 of 22  City of Verona – US 18/151 WisDOT October 9, 2023 6.6.4 Questions related to payment can be sent to: AECOM Cash Applications Supervisor by phone at (804) 515-8490 or by email at cashappsremittance@aecom.com (End of page) U.S. Design Engineering Services Agreement (October 8, 2018) Rev. May 11, 2020 Page 20 of 22  City of Verona Date AECOM Project Name: _______________ AECOM Project No.: _______________ Change Order No.: _______________ EXHIBIT C SAMPLE CHANGE ORDER FORM In accordance with the Consulting Services Agreement dated ___ 20___ between _________(“Client”), and ___________, a ________ corporation, (“AECOM”), this Change Order, with an effective date of _______________, 20______ modifies that Agreement _______________ as follows: 1 Changes to the Services: 2 Change to Deliverables: 3 Change in Project Schedule (attach schedule if appropriate): 4 Change in CONSULTANT’s Compensation: The Services set forth in this Change Order will be compensated on the following basis: [] No change to Compensation [] Time & Material (See EXHIBIT B for the Hourly Labor Rate Schedule) [] Time and Materials with a Not- to-Exceed amount of $_____. The Hourly Labor Rate Schedule is set forth in EXHIBIT B (if applicable). Reimbursable expenses are included in the overall Not to Exceed cap. [] Lump Sum $ ___________ Milestone/Deliverable & Date Payment Amount $ [] Cost Plus Fixed Fee: Cost $ _____________ and Fee $ ___________ Therefore, the total authorized Compensation, inclusive of this Change Order is $ _____________. 5 Project Impact: U.S. Design Engineering Services Agreement (October 8, 2018) Rev. May 11, 2020 Page 21 of 22  City of Verona Date 6 Other Changes (including terms and conditions): 7 All other terms and conditions of the Agreement remain unchanged. 8 Each Party represents that the person executing this Change Order has the necessary legal authority to do so on behalf of the respective Party. AECOM Technical Services, Inc. CLIENT: Signature Signature Printed Name Printed Name Printed Title Printed Title Date Date Address Address ____________________________________ ____________________________________ ____________________________________ ____________________________________ [End of Agreement] U.S. Design Engineering Services Agreement (October 8, 2018) Rev. May 11, 2020 Page 22 of 22