Public Works, Sewer and Water

CITY OF VERONA PUBLIC WORKS/SEWER & WATER COMMITTEE AGENDA MONDAY, April 22, 2024 5:30 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: March 11, 2024. 5. Presentation and Discussion: 2023 MS4 Annual Report 6. Discussion and Possible Action: Contract Award Project # 2024-102 Pavement Surface Treatment. 7. Discussion and Possible Action: Construction Inspection Services Contract- Project # 2023-105 – (JT Engineering). 8. Discussion and Possible Action: Construction Inspection Services Contract- Project # 2023-122 – (JT Engineering). 9. Discussion and Possible Action: Design Engineering Services Agreement- West Road – (AECOM) 10. Staff Report. 11. Adjourn. Beth Tucker Long Chairperson Notice is hereby given that a quorum of the members of the City Council or other standing committees 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. The City Council and any other standing committees will not take formal action at this meeting. 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 AGENDA MONDAY, March 11, 2024 5:30 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 5:37pm. 2. Roll call: Evan Touchett, Mara Helmke, Beth Tucker Long. Also present: Adam Waszak, Interim Director of Public Works, Jamie Aulik, City Administrator, Carla Fischer, AECOM. 3. Public Comment: None. 4. Approval of the minutes: February 26, 2024. Moved by E. Touchett and seconded by B. Tucker Long. Motion carried 3-0. 5. Discussion and Possible Action: Awarding Project #2023-105, East View Reconstruction Moved by B. Tucker Long and seconded by M. Helmke to recommend award Project 2023-105 to Parisis Construction, LLC in the amount of $1,683,483.82. Motion carried 3-0. 6. Staff Report. 7. Adjourn: Motion to adjourn at 5:50pm by E. Touchett and seconded by B. Tucker Long. Motion carried 3-0. Evan Touchett Chairperson Notice is hereby given that a quorum of the members of the City Council or other standing committees 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. The City Council and any other standing committees will not take formal action at this meeting. 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.  Meeting Date: April 22, 2024 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) 2023 MS4 Annual Report Presentation AECOM will provide a brief presentation on the City of Verona’s 2023 MS4 Permit, which was submitted to the DNR earlier this month. Item (6) Awarding Project# 2024-102 Pavement Surface Treatment Two bids were received for the project referenced above and are listed below in order from lowest to highest: • Scott Construction Inc. - $317,502.85 • Fahrner Asphalt Sealers, LLC- $342,854.30 The project estimate with contingencies was $362,000 Scott Construction has previously completed surface treatment work in the City of Verona. Staff believe Scott Construction Inc. has the personnel, equipment and financial assets necessary to complete the 2024-102 Pavement Surface Treatment Project. Recommended Motion: Recommend Awarding Contract #2024-102 to Scott Construction Inc for a cost of $317,502.85. Project limits are shown below: Page 1 / 2  Meeting Date: April 22, 2024 PW/S&W Committee Memo Item (7) Inspection Services Contract- Project #2023-105 (JT Engineering) Project 2023-105 Eastview Reconstruction was awarded to Parisi in March of this year. With construction efforts set to begin this month Staff are recommending to contract inspection services with JT Engineering. JT is currently handling inspection services for multiple residential development in the City of Verona (Kettle Creek North, Apex at Verona, Ardent Glen) as well as Project #2022-119 CTH PD. Recommended Motion: Recommend approval of the inspection services contract for Project #2023-105 with JT Engineering for a cost not to exceed $130,195.00. Item (8) Inspection Services Contract- Project #2023-122 (JT Engineering) Project #2023-122 Country View Rd Reconstruction began this Spring. Staff are recommending contract inspection services with JT Engineering. As previously mentioned, JT Engineering is currently handling inspection services for multiple city-lead and developer-lead projects in the City of Verona. Cost associated with inspection services for project #2023-122 would be the responsibility of the developer (Epic). Recommended Motion: Recommend approval of the inspection services contract for Project #2023-122 with JT Engineering for a cost not to exceed $354,386.25. Item (9) Design Engineering Services Agreement – West Road (AECOM) Staff have been working in conjunction with AECOM and Epic Systems on designs for the reconstruction and re-route of current Country View Rd, and on conceptual designs for a new roadway on the west side of Epic’s campus. The contract is to cover the design of a new roadway and Country View Road that is west of the Epic Campus. Design includes roadway, drainage, stream restoration, floodplain, and structures. The goal is to provide a secondary access point from the south via US 18/151 & CTH G/ Dairy Ridge interchange for Epic’s planned campus growth. Existing roadway infrastructure along Northern Lights Road is at capacity and cannot handle additional traffic during the weekday AM and PM peak hours. Recommended Motion: Recommend approval of the design engineering services agreement with AECOM for the West Road Project for a cost not to exceed $2,880,100. Page 2 / 2  City of Verona Public Works Department 410 Investment Court Verona, WI 53593 Phone: (608) 845-6695 Fax: (608) 845-5761 Email: adam.waszak@ci.verona.wi.us April 16, 2024 Verona City Council Members 111 Lincoln Street Verona, WI 53593 Subject: Letter of Recommendation 2024-102, 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 bids for the above named project until 11:00 a.m. local time on April 4, 2024. Following the close of bidding, the bids received were publicly opened and read aloud. Staff has reviewed the bids received. A copy of the Bid Tabulation is attached. Two bids were received and are listed below in order lowest to highest: • Scott Construction Inc. - $317,502.85 • Fahrner Asphalt Sealers, LLC- $342,854.30 Scott Construction Inc has previously worked throughout the City of Verona. Based on past work performed in the City of Verona, references checked, and knowledge of the submitted sub-contractors, Public Works Staff is of the opinion that Scott Construction Inc. has the personnel, equipment, and financial assets necessary to complete Project #2024-102, Pavement Surface Treatment. I would therefore recommend that the City of Verona accept the bid from Scott Construction Inc. for Project #2024-102, Pavement Surface Treatment in the amount of $317,502.85. I will be pleased to answer any questions concerning the recommendations set forth. Thank you in advance for your cooperation. Sincerely, Adam Waszak Interim Public Works Director Project ID 2023-101  Fahrner Scotts Contractor Name Item Description Quantity Units Unit Price Total Unit Price Total Unit Price Total 1475.01 Chip Seal (Granite Chip Seal) 125,474 SY $2.09 $262,240.66 $1.89 $236,643.96 $0.00 1475.0200.S Initial Sweeping – Chip Seal 125,474 SY $0.11 $13,802.14 $0.10 $12,547.40 $0.00 1643.5 Traffic Control 1 LS $1,000.00 $1,000.00 $2,500.00 $2,500.00 $0.00 1646.102 Marking line Epoxy 4 – inch 30,141 LF $0.75 $22,605.75 $0.75 $22,605.75 $0.00 1646.302 Marking line Epoxy 8-inch (double yellow) 4621 L.F. $0.75 $3,465.75 $0.75 $3,465.75 $0.00 1646.522 Marking Symbol( Bike) Epoxy 45 EA $170.00 $7,650.00 $170.00 $7,650.00 $0.00 1646.6105 Marking Stop Line 18 inch Epoxy 720 LF $15.00 $10,800.00 $15.00 $10,800.00 $0.00 1646.742 Marking Cross Walk Epoxy 6-inch 1,240 LF $11.00 $13,640.00 $11.00 $13,640.00 $0.00 1646.5 Marking Arrow Epoxy 45 EA. $170.00 $7,650.00 $170.00 $7,650.00 $0.00 1646.3 8” Marking line Epoxy 4” double Yellow 45 EA. $0.00 $0.00 $0.00 Total $342,854.30 Total $317,502.86 Total $0.00  CONTRACT AGREEMENT BETWEEN JT ENGINEERING, INC. AND THE CITY OF VERONA This Contract Agreement is made and entered into this 8th day of April 2024 by and between THE CITY OF VERONA, hereinafter referred to as the CITY, and JT Engineering, Inc. 281 W. Netherwood Road, Suite 1, Oregon, WI 53575, hereinafter referred to as the CONSULTANT. The CONSULTANT acknowledges by endorsement of this Contract Agreement that: (a) CONSULTANT has the expertise and has a thorough knowledge of the professional services required to complete the proposed work and is qualified to render such professional services (b) CONSULTANT shall comply with all applicable laws, regulations, and orders in the performance of the work (c) the work shall be performed in a manner consistent with that level of care, quality and skill ordinarily exercised by others performing similar work under similar circumstances. The parties agree as follows: CONSULTANT shall furnish Construction Inspection Services to the CITY for the Project as described below. CONSULTANT shall furnish the Basic Services as outlined in the attached scope of services if contract is executed by April 8th 2024 and is expected to be completed by September 1, 2024, unless mutually agreed by CONSULTANT and CITY to extend work beyond this date. For all Basic Services, the CITY agrees to compensate CONSULTANT as follows: Specific hourly rates, inclusive of fees for equipment needed to complete the work and mileage to/from work site, to be used for hours in which the CONSULTANT’s employees are directly engaged in performing the work or services required by this contract: Employee Classification Hourly Rate(1) Engineer Intern $80.00 Project Engineer $120.00 Project Engineer-Mid $135.00 Project Engineer-Senior $155.00 Project Manager $135.00 Project Manager-Senior $175.00 Project Administrator $175.00 Accountant $130.00 (1) Rates are updated annually on October 1. Compensation for all services provided by the CONSULTANT under the terms of this contract shall not exceed $130,195.00 based on the estimated working schedule attached. Section I – BASIC SERVICES 1.1 Basic Services The Basic Services to be performed under this Contract include construction inspection services as identified in the attached scope of services commentary. Section II – RESPONSIBILITIES 2.1 CITY’s Responsibilities 2.1.1 Assist and cooperate with the CONSULTANT in completing the work in a timely and effective manner. JT ENGINEERING, INC -1-  2.1.2 Make available to the CONSULTANT drawings, specifications and data which the CONSULTANT considers pertinent to the CONSULTANT’s responsibilities hereunder, all of which the CONSULTANT may rely upon in performing services hereunder except as may be specifically provided otherwise in writing. 2.1.3 Give prompt written notice to the CONSULTANT whenever the CITY observes or otherwise becomes aware of any development that affects the scope, timing, or performance of services of the CONSULTANT. Section III – TIME SCHEDULE 3.1 Authorization Unless otherwise directed by the CITY, the CONSULTANT shall commence the performance of the Basic Services upon execution of this Contract by both parties which shall constitute Authorization to Proceed. 3.2 Expeditious Performance The CONSULTANT recognizes that the services under this Contract are to be performed as expeditiously as practical after Authorization to Proceed. Every reasonable effort will be made to substantially complete the Basic Services within the period described above. Section IV – INVOICES AND PAYMENT 4.1 Invoices Invoices shall be submitted once a month or upon completion of services, whichever occurs earlier, for services provided under Section 1. 4.2 Payment 4.2.1 The CITY shall pay the CONSULTANT based on the monthly invoices, with total payment not to exceed the total contract amount. 4.2.2 It is expressly understood and agreed by both parties that the CONSULTANT will be paid by the CITY within 30 days after receipt of the invoice provided by the CONSULTANT. The CITY agrees to process the CONSULTANTS invoices promptly. Section V – CHANGES 5.1 Written Authorization THE CITY or CONSULTANT may, at any time, by written order, make changes in the services or work to be performed within the general scope of this Subcontract. 5.2 Equitable Adjustment If such changes cause an increase or decrease in the CONSULTANTS cost of, or time required for, performance of any services under this Contract, an equitable adjustment shall be made, and this Contract shall be modified in writing accordingly. Section VI – DISPUTES 6.1 Resolution Procedure Except as this Contract otherwise provides, in all claims, counter-claims, disputes, and other matters in question (Dispute) between the CITY and CONSULTANT arising out of or relating to this Contract or the breach of it, the CITY and CONSULTANT will negotiate a resolution of the Dispute at a reasonable time and location set by the CITY and CONSULTANT. Should negotiation be unsuccessful, mediation of the Dispute by a third party shall follow. Mediation shall be conducted in Dane County, WI, unless the CITY and CONSULTANT agree to another location. CONSULTANT and the CITY agree that those disputes not settled by mediation will be decided by binding arbitration, unless the CITY or CONSULTANT elect to have said Dispute resolved in a court of competent jurisdiction. 6.1.1 Negotiation Following written notice of a Dispute, two (2) face-to-face meetings (or less if the Dispute is resolved) shall be held. 6.1.2 Mediation If negotiation is unsuccessful, a mutually acceptable third party (Facilitator) having expertise in the subject of the dispute shall be engaged to mediate the Dispute. Should the CITY and CONSULTANT be unable to JT ENGINEERING, INC -2-  reach agreement on a Facilitator, either party may request a Circuit Judge Dane Co., WI to appoint said Facilitator. The fee and expenses of the Facilitator shall be shared equally by the parties to the Dispute. The parties may present evidence and arguments to the Facilitator. Unless the Facilitator and the parties agree otherwise, one (1) face-to-face meeting shall be held within the sixty (60) day period beginning on the date of the Facilitator’s engagement. Following the meeting, the Facilitator shall report to the parties whether he believes the Dispute is resolvable through mediation. At that point the parties shall elect (a) to continue mediation, (b) replace the Facilitator and continue mediation, or (c) end mediation. If the mediation is ended or otherwise unsuccessful in the resolution of said Dispute, the Dispute shall be resolved by binding arbitration upon the request of either party or in the alternative, by judicial adjudication. 6.1.3 Arbitration If the dispute is arbitrated, (a) the arbitration shall be decided in accordance with the current construction Industry Arbitration Rules of the American Arbitration Association; (b) the demand for arbitration may not be made more than one (1) year after the date on which the claim in dispute arose; and (c) the arbitration proceeding may not include, by consolidation or otherwise, any third person. Any decision rendered by the arbitrator(s) shall be final. Judgment may be entered upon the decision in any court having jurisdiction. The decision shall not be subject to modification or appeal except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. 10, 11). Section VII – SUSPENSION OF WORK 7.1 Convenience of the CITY The CITY may order CONSULTANT to suspend, delay, or interrupt all or any part of the CONSULTANTS services for such period of time as the CITY may determine to be appropriate for the convenience of the CITY. 7.2 Adjustment in Schedule If the performance of all or any part of the CONSULTANTS services is, for an unreasonable period of time, suspended, delayed, or interrupted by an act of the CITY, an appropriate extension of time shall be made for any such delay in the performance of this Contract necessarily caused by such unreasonable suspension, delay, or interruption, and the Contract modified in writing accordingly. Section VIII – TERMINATION OF CONTRACT 8.1 Written Notice It is expressly understood and agreed that the CITY may terminate this Contract at any time by giving the CONSULTANT 10 days written notice in writing either personally at one of the offices of the CONSULTANT or sent by registered mail, return receipt requested, to the principal office of the CONSULTANT. The CONSULTANT may terminate this Contract upon 30 days written notice in the event of nonpayment by the CITY of CONSULTANTS’ invoices rendered for a period of 60 days or in the event the CITY otherwise substantially fails to fulfill its obligations under this Contract. 8.2 Adjustment for Services Performed In the event that this Contract is terminated by either the CITY or the CONSULTANT, the CONSULTANT shall be compensated for all services performed to the date of termination including reimbursable expenses then due. Section IX – INSURANCE 9.1 Coverage Prior to commencing work, the CONSULTANT shall obtain and maintain in effect for the duration of this Contract at its own expense the insurance with insurance companies licensed in the State where the project is located. 9.2 Minimum Coverage The minimum required coverage is the following: 9.2.1 Worker’s Compensation and Employer’s Liability Worker’s Compensation and Employer’s Liability in compliance with the statutory requirements of the State of Wisconsin. JT ENGINEERING, INC -3-  9.2.2 General Liability Commercial general liability insurance covering operations, completed operations, contractual agreements, and independent contractors, each with minimum limits of liability on an occurrence basis as set forth below: General Aggregate $2,000,000 Each Occurrence $1,000,000 Operations Aggregate $2,000,000 Personal Injury $1,000,000 9.2.3 Professional Liability Liability insurance in an amount of at least $1,000,000 total limit of liability per claim and aggregate with a maximum deductible amount of $50,000. Section X – GENERAL PROVISIONS 10.1 Independent CONSULTANT represents that it is an independent contractor and is not an employee of the CITY. 10.2 Indemnification CITY hereby agrees to indemnify, pay for defense, and hold CONSULTANT harmless from and against any and all losses, damages, settlements, costs, charges, or other expenses or liabilities of every kind and character arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings, or causes of action of every kind and character relating to the negligent acts, errors, and/or omissions of the CITY, its employees, agents and third parties who perform any of the services of CITY hereunder, and anyone else for whose acts the CITY is responsible under this contract. CONSULTANT hereby agrees to indemnify, pay for defense, and hold the CITY harmless from and against any and all losses, damages, settlements, costs, charges, or other expenses or liabilities of every kind and character arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings, or causes of action of every kind and character relating to the negligent acts, errors, and/or omissions of CONSULTANT, its employees, agents and third parties who perform any of the services of CONSULTANT hereunder, and anyone else for whose acts CONSULTANT is responsible under this contract. 10.3 Interpretation Interpretation and enforcement of this Contract shall be in accordance with the laws of the State of Wisconsin. 10.4 Notices Written notices may be delivered in person or by certified mail, or by facsimile, or by courier. All notices shall be effective upon the date of receipt by the party. Notices shall be delivered or sent to the designated representative of the other party at the address given on the last page of this Contract. An address may only be changed by written notice. 10.5 Applicable Law If applicable to this Contract, CONSULTANT will comply with the requirements of: 10.5.1 The Equal Employment Opportunity clause in Section 202 of Executive Order 11246, as amended. 10.5.2 Utilization of Small and Disadvantaged Business Concerns (Public Law 95-507), and 10.5.3 All other federal, state and local laws and regulations or orders issued under such laws. 10.6 Entire Agreement This Contract, including any schedules, attachments and referenced documents, is the entire agreement between the CITY and the CONSULTANT. Any prior or contemporaneous agreements, promises, negotiations or representations not expressly stated herein are of no force and effect. Any changes to this Contract shall be in writing and signed by the CITY and CONSULTANT. 10.7 Execution Authority This Contract is a valid and authorized undertaking of the CITY and CONSULTANT. The representatives of the CITY and CONSULTANT who have signed below have been authorized to do so. IN WITNESS WHEREOF, the parties hereto have made and executed this Contract as of the day and year shown on the cover page. JT ENGINEERING, INC -4- JT Engineering, Inc. City of Verona 281 W. Netherwood Road, Suite 1 111 Lincoln Street Oregon, WI 53575 Verona, WI 53593 By: By: Doug Sina, PE Luke Diaz, Mayor President Date: 4/2/2024 Date By: By: Holly Licht, City Clerk Date: Date JT ENGINEERING, INC -5-  SCOPE OF SERVICES COMMENTARY PROJECT: East View Rd Reconstruction CITY OF VERONA, DANE COUNTY GENERAL – This is a local road reconstruction project that will include water main, sanitary sewer, and storm sewer installation, aggregate base course, ancillary concrete, and HMA paving. The expected scope of the construction work is assumed to generally follow the plans prepared by AECOM. For the estimate of construction engineering costs, the scope is as follows: A. Inspection a. Construction oversight and inspection to verify that the construction complies with the plans and specifications. Inspection staff will provide a daily report to the City documenting details about the work that was completed. Inspector’s daily reports will be filed on Microsoft Teams and shared with the City. Full-time inspection based on a 5-day work week (Monday – Friday) is anticipated as attached in the Estimated Construction Inspection Schedule. b. JT staff will complete erosion control inspections in compliance with WDNR erosion control permits and in coordination with City and City’s Engineer. City and City’s Engineer to provide JT access to PermiTrack program. B. Materials Verification – JT staff will facilitate coordination with Soils & Engineering Services, Inc. (SES) for materials assurance provided by SES. C. Project Management a. JT staff will facilitate coordination and communication between the contractor, inspection staff, City of Verona, and other project stakeholders. Monthly in-person Construction Progress Meetings will occur. JT will prepare an agenda and meeting minutes for each meeting for the length of project. b. JT will monitor the project schedule and cost. c. JT will coordinate and review Contractor pay requests for payment by the City of Verona. D. Survey – Verification survey for use in as-built drawings and for the City’s Geographic Information System. No project staking by JT staff is included, as this is the responsibility of others. JT will supply a dedicated GPS unit for data collection of underground utilities and as directed by the City. E. Project Records – The following project records will be completed and submitted to the City of Verona at the conclusion of the project: 1. As-built plan set depicting the actual construction of the project and any significant plan changes 2. Review of shop drawings 3. Materials records and documentation submittals from the contractor 4. Project diaries including project photos City of Verona Estimated Construction Inspection Schedule CTH PD / Country View Road Reconstruction Project Project Classification Project Engineer Project Engineer-Mid Project Engineer-Senior Manager Project Manager - Senior Administrator Accountant Hourly Wage $120.00 $135.00 $155.00 $135.00 $175.00 $175.00 $130.00 Hours Hours Hours Hours Hours Hours Hours Week Begin Week End Sunday Saturday 3-Mar-24 9-Mar-24 10-Mar-24 16-Mar-24 17-Mar-24 23-Mar-24 8 5 1 1 24-Mar-24 30-Mar-24 5 5 1 1 31-Mar-24 6-Apr-24 5 5 7-Apr-24 13-Apr-24 20 5 5 14-Apr-24 20-Apr-24 50 5 5 21-Apr-24 27-Apr-24 50 5 5 1 1 28-Apr-24 4-May-24 50 5 5 5-May-24 11-May-24 50 5 5 12-May-24 18-May-24 50 5 5 19-May-24 25-May-24 50 5 5 1 1 26-May-24 1-Jun-24 50 5 5 2-Jun-24 8-Jun-24 50 5 5 9-Jun-24 15-Jun-24 50 5 5 16-Jun-24 22-Jun-24 50 5 5 1 1 23-Jun-24 29-Jun-24 50 5 5 30-Jun-24 6-Jul-24 40 5 5 7-Jul-24 13-Jul-24 40 5 5 14-Jul-24 20-Jul-24 40 5 5 1 1 21-Jul-24 27-Jul-24 40 5 5 28-Jul-24 3-Aug-24 20 5 5 4-Aug-24 10-Aug-24 20 5 5 1 1 11-Aug-24 17-Aug-24 20 1 1 18-Aug-24 24-Aug-24 25-Aug-24 31-Aug-24 1-Sep-24 7-Sep-24 8-Sep-24 14-Sep-24 15-Sep-24 21-Sep-24 22-Sep-24 28-Sep-24 Totals 790 0 0 108 105 8 8 Cost $94,800.00 $0.00 $0.00 $14,580.00 $18,375.00 $1,400.00 $1,040.00 Total Estimated Contract Amount $130,195.00 Page 1/1  CONTRACT AGREEMENT BETWEEN JT ENGINEERING, INC. AND THE CITY OF VERONA This Contract Agreement is made and entered into this 8th day of April 2024 by and between THE CITY OF VERONA, hereinafter referred to as the CITY, and JT Engineering, Inc. 281 W. Netherwood Road, Suite 1, Oregon, WI 53575, hereinafter referred to as the CONSULTANT. The CONSULTANT acknowledges by endorsement of this Contract Agreement that: (a) CONSULTANT has the expertise and has a thorough knowledge of the professional services required to complete the proposed work and is qualified to render such professional services (b) CONSULTANT shall comply with all applicable laws, regulations, and orders in the performance of the work (c) the work shall be performed in a manner consistent with that level of care, quality and skill ordinarily exercised by others performing similar work under similar circumstances. The parties agree as follows: CONSULTANT shall furnish Construction Inspection Services to the CITY for the Project as described below. CONSULTANT shall furnish the Basic Services as outlined in the attached scope of services if contract is executed by April 8th, 2024 and is expected to be completed by June 1, 2025, unless mutually agreed by CONSULTANT and CITY to extend work beyond this date. For all Basic Services, the CITY agrees to compensate CONSULTANT as follows: Specific hourly rates, inclusive of fees for equipment needed to complete the work and mileage to/from work site, to be used for hours in which the CONSULTANT’s employees are directly engaged in performing the work or services required by this contract: Employee Classification Hourly Rate(1) Engineer Intern $80.00 Project Engineer $120.00 Project Engineer-Mid $135.00 Project Engineer-Senior $155.00 Project Manager $135.00 Project Manager-Senior $175.00 Project Administrator $175.00 Accountant $130.00 (1) Rates are updated annually on October 1. Compensation for all services provided by the CONSULTANT under the terms of this contract shall not exceed $354,386.25 based on the estimated working schedule attached. Section I – BASIC SERVICES 1.1 Basic Services The Basic Services to be performed under this Contract include construction inspection services as identified in the attached scope of services commentary. JT ENGINEERING, INC -1-  Section II – RESPONSIBILITIES 2.1 CITY’s Responsibilities 2.1.1 Assist and cooperate with the CONSULTANT in completing the work in a timely and effective manner. 2.1.2 Make available to the CONSULTANT drawings, specifications and data which the CONSULTANT considers pertinent to the CONSULTANT’s responsibilities hereunder, all of which the CONSULTANT may rely upon in performing services hereunder except as may be specifically provided otherwise in writing. 2.1.3 Give prompt written notice to the CONSULTANT whenever the CITY observes or otherwise becomes aware of any development that affects the scope, timing, or performance of services of the CONSULTANT. Section III – TIME SCHEDULE 3.1 Authorization Unless otherwise directed by the CITY, the CONSULTANT shall commence the performance of the Basic Services upon execution of this Contract by both parties which shall constitute Authorization to Proceed. 3.2 Expeditious Performance The CONSULTANT recognizes that the services under this Contract are to be performed as expeditiously as practical after Authorization to Proceed. Every reasonable effort will be made to substantially complete the Basic Services within the period described above. Section IV – INVOICES AND PAYMENT 4.1 Invoices Invoices shall be submitted once a month or upon completion of services, whichever occurs earlier, for services provided under Section 1. 4.2 Payment 4.2.1 The CITY shall pay the CONSULTANT based on the monthly invoices, with total payment not to exceed the total contract amount. 4.2.2 It is expressly understood and agreed by both parties that the CONSULTANT will be paid by the CITY within 30 days after receipt of the invoice provided by the CONSULTANT. The CITY agrees to process the CONSULTANTS invoices promptly. Section V – CHANGES 5.1 Written Authorization THE CITY or CONSULTANT may, at any time, by written order, make changes in the services or work to be performed within the general scope of this Subcontract. 5.2 Equitable Adjustment If such changes cause an increase or decrease in the CONSULTANTS cost of, or time required for, performance of any services under this Contract, an equitable adjustment shall be made, and this Contract shall be modified in writing accordingly. Section VI – DISPUTES 6.1 Resolution Procedure Except as this Contract otherwise provides, in all claims, counter-claims, disputes, and other matters in question (Dispute) between the CITY and CONSULTANT arising out of or relating to this Contract or the breach of it, the CITY and CONSULTANT will negotiate a resolution of the Dispute at a reasonable time and location set by the CITY and CONSULTANT. Should negotiation be unsuccessful, mediation of the Dispute by a third party shall follow. Mediation shall be conducted in Dane County, WI, unless the CITY and CONSULTANT agree to another location. CONSULTANT and the CITY agree that those disputes not settled by mediation will be decided by binding arbitration, unless the CITY or CONSULTANT elect to have said Dispute resolved in a court of competent jurisdiction. JT ENGINEERING, INC -2-  6.1.1 Negotiation Following written notice of a Dispute, two (2) face-to-face meetings (or less if the Dispute is resolved) shall be held. 6.1.2 Mediation If negotiation is unsuccessful, a mutually acceptable third party (Facilitator) having expertise in the subject of the dispute shall be engaged to mediate the Dispute. Should the CITY and CONSULTANT be unable to reach agreement on a Facilitator, either party may request a Circuit Judge Dane Co., WI to appoint said Facilitator. The fee and expenses of the Facilitator shall be shared equally by the parties to the Dispute. The parties may present evidence and arguments to the Facilitator. Unless the Facilitator and the parties agree otherwise, one (1) face-to-face meeting shall be held within the sixty (60) day period beginning on the date of the Facilitator’s engagement. Following the meeting, the Facilitator shall report to the parties whether he believes the Dispute is resolvable through mediation. At that point the parties shall elect (a) to continue mediation, (b) replace the Facilitator and continue mediation, or (c) end mediation. If the mediation is ended or otherwise unsuccessful in the resolution of said Dispute, the Dispute shall be resolved by binding arbitration upon the request of either party or in the alternative, by judicial adjudication. 6.1.3 Arbitration If the dispute is arbitrated, (a) the arbitration shall be decided in accordance with the current construction Industry Arbitration Rules of the American Arbitration Association; (b) the demand for arbitration may not be made more than one (1) year after the date on which the claim in dispute arose; and (c) the arbitration proceeding may not include, by consolidation or otherwise, any third person. Any decision rendered by the arbitrator(s) shall be final. Judgment may be entered upon the decision in any court having jurisdiction. The decision shall not be subject to modification or appeal except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. 10, 11). Section VII – SUSPENSION OF WORK 7.1 Convenience of the CITY The CITY may order CONSULTANT to suspend, delay, or interrupt all or any part of the CONSULTANTS services for such period of time as the CITY may determine to be appropriate for the convenience of the CITY. 7.2 Adjustment in Schedule If the performance of all or any part of the CONSULTANTS services is, for an unreasonable period of time, suspended, delayed, or interrupted by an act of the CITY, an appropriate extension of time shall be made for any such delay in the performance of this Contract necessarily caused by such unreasonable suspension, delay, or interruption, and the Contract modified in writing accordingly. Section VIII – TERMINATION OF CONTRACT 8.1 Written Notice It is expressly understood and agreed that the CITY may terminate this Contract at any time by giving the CONSULTANT 10 days written notice in writing either personally at one of the offices of the CONSULTANT or sent by registered mail, return receipt requested, to the principal office of the CONSULTANT. The CONSULTANT may terminate this Contract upon 30 days written notice in the event of nonpayment by the CITY of CONSULTANTS’ invoices rendered for a period of 60 days or in the event the CITY otherwise substantially fails to fulfill its obligations under this Contract. 8.2 Adjustment for Services Performed In the event that this Contract is terminated by either the CITY or the CONSULTANT, the CONSULTANT shall be compensated for all services performed to the date of termination including reimbursable expenses then due. Section IX – INSURANCE 9.1 Coverage Prior to commencing work, the CONSULTANT shall obtain and maintain in effect for the duration of this Contract at its own expense the insurance with insurance companies licensed in the State where the project is located. JT ENGINEERING, INC -3- 9.2 Minimum Coverage The minimum required coverage is the following: 9.2.1 Worker’s Compensation and Employer’s Liability Worker’s Compensation and Employer’s Liability in compliance with the statutory requirements of the State of Wisconsin. 9.2.2 General Liability Commercial general liability insurance covering operations, completed operations, contractual agreements, and independent contractors, each with minimum limits of liability on an occurrence basis as set forth below: General Aggregate $2,000,000 Each Occurrence $1,000,000 Operations Aggregate $2,000,000 Personal Injury $1,000,000 9.2.3 Professional Liability Liability insurance in an amount of at least $1,000,000 total limit of liability per claim and aggregate with a maximum deductible amount of $50,000. Section X – GENERAL PROVISIONS 10.1 Independent CONSULTANT represents that it is an independent contractor and is not an employee of the CITY. 10.2 Indemnification CITY hereby agrees to indemnify, pay for defense, and hold CONSULTANT harmless from and against any and all losses, damages, settlements, costs, charges, or other expenses or liabilities of every kind and character arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings, or causes of action of every kind and character relating to the negligent acts, errors, and/or omissions of the CITY, its employees, agents and third parties who perform any of the services of CITY hereunder, and anyone else for whose acts the CITY is responsible under this contract. CONSULTANT hereby agrees to indemnify, pay for defense, and hold the CITY harmless from and against any and all losses, damages, settlements, costs, charges, or other expenses or liabilities of every kind and character arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings, or causes of action of every kind and character relating to the negligent acts, errors, and/or omissions of CONSULTANT, its employees, agents and third parties who perform any of the services of CONSULTANT hereunder, and anyone else for whose acts CONSULTANT is responsible under this contract. 10.3 Interpretation Interpretation and enforcement of this Contract shall be in accordance with the laws of the State of Wisconsin. 10.4 Notices Written notices may be delivered in person or by certified mail, or by facsimile, or by courier. All notices shall be effective upon the date of receipt by the party. Notices shall be delivered or sent to the designated representative of the other party at the address given on the last page of this Contract. An address may only be changed by written notice. 10.5 Applicable Law If applicable to this Contract, CONSULTANT will comply with the requirements of: 10.5.1 The Equal Employment Opportunity clause in Section 202 of Executive Order 11246, as amended. 10.5.2 Utilization of Small and Disadvantaged Business Concerns (Public Law 95-507), and 10.5.3 All other federal, state and local laws and regulations or orders issued under such laws. JT ENGINEERING, INC -4- 10.6 Entire Agreement This Contract, including any schedules, attachments and referenced documents, is the entire agreement between the CITY and the CONSULTANT. Any prior or contemporaneous agreements, promises, negotiations or representations not expressly stated herein are of no force and effect. Any changes to this Contract shall be in writing and signed by the CITY and CONSULTANT. 10.7 Execution Authority This Contract is a valid and authorized undertaking of the CITY and CONSULTANT. The representatives of the CITY and CONSULTANT who have signed below have been authorized to do so. IN WITNESS WHEREOF, the parties hereto have made and executed this Contract as of the day and year shown on the cover page. JT Engineering, Inc. City of Verona 281 W. Netherwood Road, Suite 1 111 Lincoln Street Oregon, WI 53575 Verona, WI 53593 By: By: Doug Sina, PE Luke Diaz, Mayor President Date: 4/2/24 Date By: By: Holly Licht, City Clerk Date: Date JT ENGINEERING, INC -5-  SCOPE OF SERVICES COMMENTARY PROJECT: Country View Rd CITY OF VERONA, DANE COUNTY GENERAL – This is a county highway expansion project that will include water main, sanitary sewer, and culvert pipe installation, earthwork, aggregate base course, ancillary concrete, and HMA paving. The expected scope of the construction work is assumed to generally follow the plans prepared by AECOM. For the estimate of construction engineering costs, the scope is as follows: A. Inspection a. Construction oversight and inspection to verify that the construction complies with the plans and specifications. Inspection staff will provide a daily report to the City documenting details about the work that was completed. Inspector’s daily reports will be filed on Microsoft Teams and shared with the City. Full-time inspection based on a 5-day work week (Monday – Friday) is anticipated as attached in the Estimated Construction Inspection Schedule. b. JT staff will complete erosion control inspections in compliance with WDNR erosion control permits and in coordination with City and City’s Engineer. City and City’s Engineer to provide JT access to PermiTrack program. B. Survey – Verification survey for use in as-built drawings and for the City’s Geographic Information System. No project staking by JT staff is included, as this is the responsibility of others. JT will supply a dedicated GPS unit for data collection of underground utilities and as directed by the City. C. Project Records – The following project records will be completed and submitted to the City of Verona at the conclusion of the project: 1. As-built plan set depicting the actual construction of the project and any significant plan changes 2. Project diaries including project photos City of Verona Estimated Construction Inspection Schedule CTH PD / Country View Road Reconstruction Project Project Project Project Engineer- Engineer - Manager - Project Classification Engineer Mid Senior Project Manager Senior Administrator Accountant Hourly Wage $120.00 $135.00 $155.00 $135.00 $175.00 $175.00 $130.00 Hours Hours Hours Hours Hours Hours Hours Week Begin Week End Sunday Saturday 11-Feb-24 17-Feb-24 18-Feb-24 24-Feb-24 20 10 2 1 1 25-Feb-24 2-Mar-24 10 10 2 1 1 3-Mar-24 9-Mar-24 15 10 2 1 1 10-Mar-24 16-Mar-24 10 10 2 17-Mar-24 23-Mar-24 25 10 2 24-Mar-24 30-Mar-24 20 5 3 3 31-Mar-24 6-Apr-24 20 5 3 3 1 1 7-Apr-24 13-Apr-24 20 5 3 3 14-Apr-24 20-Apr-24 20 5 3 3 21-Apr-24 27-Apr-24 20 5 3 3 28-Apr-24 4-May-24 50 20 5 3 3 1 1 5-May-24 11-May-24 50 20 5 3 3 12-May-24 18-May-24 50 30 5 3 3 19-May-24 25-May-24 50 30 5 3 3 26-May-24 1-Jun-24 50 30 5 3 3 1 1 2-Jun-24 8-Jun-24 50 5 3 3 9-Jun-24 15-Jun-24 50 5 3 3 16-Jun-24 22-Jun-24 50 5 3 3 23-Jun-24 29-Jun-24 50 5 3 3 1 1 30-Jun-24 6-Jul-24 50 5 3 3 7-Jul-24 13-Jul-24 50 5 3 3 14-Jul-24 20-Jul-24 50 5 3 3 21-Jul-24 27-Jul-24 50 5 3 3 1 1 28-Jul-24 3-Aug-24 50 5 3 3 4-Aug-24 10-Aug-24 50 5 3 3 11-Aug-24 17-Aug-24 50 5 3 3 18-Aug-24 24-Aug-24 50 5 3 3 1 1 25-Aug-24 31-Aug-24 50 5 3 3 1-Sep-24 7-Sep-24 50 5 3 3 8-Sep-24 14-Sep-24 50 5 3 3 15-Sep-24 21-Sep-24 50 5 3 3 1 1 22-Sep-24 28-Sep-24 50 5 3 3 5% rate increase assumed $126.00 $141.75 $162.75 $141.75 $183.75 $183.75 $136.50 29-Sep-24 5-Oct-24 50 5 3 3 6-Oct-24 12-Oct-24 50 5 3 3 13-Oct-24 19-Oct-24 50 5 3 3 1 1 20-Oct-24 26-Oct-24 50 5 3 3 27-Oct-24 2-Nov-24 50 5 3 3 3-Nov-24 9-Nov-24 50 5 3 3 10-Nov-24 16-Nov-24 50 5 3 3 1 1 17-Nov-24 23-Nov-24 50 5 3 3 24-Nov-24 30-Nov-24 30 1-Dec-24 7-Dec-24 30 8-Dec-24 14-Dec-24 30 1 1 15-Dec-24 21-Dec-24 30 22-Dec-24 28-Dec-24 30 29-Dec-24 4-Jan-25 5 5-Jan-25 11-Jan-25 5 1 1 12-Jan-25 18-Jan-25 5 19-Jan-25 25-Jan-25 5 26-Jan-25 1-Feb-25 5 2-Feb-25 8-Feb-25 5 1 1 9-Feb-25 15-Feb-25 5 16-Feb-25 22-Feb-25 5 23-Feb-25 1-Mar-25 5 2-Mar-25 8-Mar-25 10 3 3 3 1 1 9-Mar-25 15-Mar-25 10 3 3 3 16-Mar-25 22-Mar-25 10 3 3 3 23-Mar-25 29-Mar-25 10 3 3 3 Page 1/2 City of Verona Estimated Construction Inspection Schedule CTH PD / Country View Road Reconstruction Project Project Project Project Engineer- Engineer - Manager - Project Classification Engineer Mid Senior Project Manager Senior Administrator Accountant Hourly Wage $120.00 $135.00 $155.00 $135.00 $175.00 $175.00 $130.00 Hours Hours Hours Hours Hours Hours Hours Week Begin Week End Sunday Saturday 30-Mar-25 5-Apr-25 10 3 3 3 1 1 6-Apr-25 12-Apr-25 10 3 3 3 13-Apr-25 19-Apr-25 10 3 3 3 20-Apr-25 26-Apr-25 10 3 3 3 27-Apr-25 3-May-25 5 3 3 3 1 1 4-May-25 10-May-25 5 3 3 3 11-May-25 17-May-25 5 3 3 3 18-May-25 24-May-25 5 3 3 3 1 1 25-May-25 31-May-25 1-Jun-25 7-Jun-25 Totals 1795 310 261 151 141 19 19 Cost $219,570.00 $41,850.00 $41,044.00 $20,790.00 $25,200.00 $3,403.75 $2,528.50 Total Estimated Contract Amount $354,386.25 Page 2/2  City of Verona led Projects 1 New Country View Road - From CTH PD P D to the east side of bridge crossing CT H West Road - Crossing over MRST and 2 Sugar River. 1 EPIC INTERNAL ROADS OLD COUNTRY VIEW FUTURE NE CAMPUS WC SITES 6 OU NT V RY IEW 7 M IL ITA RY NEW BRIDGE R 2 EPIC ID OVER SUGAR RIVER G E CAMPUS E AT NORTHERN LIGHTS ST TR D A IRY R ID G E A IL WisDOT Led Projects -1204-08-73 BRIDGE CULVERT BRIDGE EXTENSION WIDENING WIDENING CTH G