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Public Works, Sewer and Water

Regular Meeting

Verona, WI · June 23, 2025

AgendaMinutes

Minutes

City of Verona 111 Lincoln Street Verona, WI 53593 (608) 845-6495 veronawi.gov PUBLIC WORKS, SEWER & WATER COMMITTEE- DATE: Monday June 23, 2025 TIME: 5:30 PM LOCATION: VERONA CITY HALL ROOM D122 111 LINCOLN STREET VERONA, WI 53593 1. Call to Order Meeting called to order by Beth Tucker Long at 5:31 pm 2. Roll Call Beth Tucker Long, Chris Weiss also present Bryan Manning Public works Director, Michael Trotter Assistant Public works Director, Rick Eilertson AECOM. 3. Public Comment. None 4. Approval of the Minutes: June 11, 2025. Moved by Chris Weiss and seconded by Beth Tucker Long to approve the minute. Motion passed 2-0 5. Discussion and Possible Action: Recommend approval of Project 2025-102 Pavement Surface Treatment Fahrner Asphalt. Moved by Chris Weiss and seconded by Beth Tucker Long to approve Project 2025-102 Asphalt Pavement Service Treatment to Fahrner Asphalt sealers LLC in the contract sum not to exceed $106,491.00 Motion passed 2-0 6. Discussion and Possible Action: Recommend approval of Project 2025-110 Well 4 Rehabilitation Water Well Solutions Inc. Moved by Beth Tucker Long and seconded by Chris Weiss to approve Project 2025-110 Well 4 Rehabilitation Water Well Solutions Inc in the contract sum not to exceed $160,684.00 Motion passed 2-0 7. Discussion: Project Update 2022-107 Military Ridge State Trail Paving and Bridge Design. No Action Taken 8. Staff Report: 9. Adjourn Motion to Adjourn at 6:01 Beth Tucker Long seconded by Chris Weiss Beth Tucker Long - Chairperson POSTED: June 19, 2025 POSTED: Verona City Hall Verona Public Library Miller’s Market All agendas are posted on the City website at: veronawi.gov WRITTEN COMMENTS: You can send comments to the Public Works, Sewer & Water Committee on any matter, either on or not on the agenda, by emailing bmanning@veronawi.gov or in writing to Public Works, Sewer & Water Committee, 410 Investment Court, Verona, WI, 53593. Notice: If you need an interpreter, materials in alternative formats, or other accommodation to access the meeting, please contact the City Clerk at (608) 845-6495 at least 48-hours preceding the meeting. Every reasonable effort will be made to accommodate your request. 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. The City Council and any other standing committees will not take formal action at this meeting.

Agenda

City of Verona 111 Lincoln Street Verona, WI 53593 (608) 845-6495 veronawi.gov PUBLIC WORKS, SEWER & WATER COMMITTEE- DATE: Monday June 23, 2025 TIME: 5:30 PM LOCATION: VERONA CITY HALL ROOM D122 111 LINCOLN STREET VERONA, WI 53593 1. Call to Order 2. Roll Call 3. Public Comment. 4. Approval of the Minutes: June 11, 2025. 5. Discussion and Possible Action: Recommend approval of Project 2025-102 Pavement Surface Treatment Fahrner Asphalt. 6. Discussion and Possible Action: Recommend approval of Project 2025-110 Well 4 Rehabilitation Water Well Solutions Inc. 7. Discussion: Project Update 2022-107 Military Ridge State Trail Paving and Bridge Design. 8. Staff Report: 9. Adjourn Beth Tucker Long - Chairperson POSTED: June 19, 2025 POSTED: Verona City Hall Verona Public Library Miller’s Market All agendas are posted on the City website at: veronawi.gov WRITTEN COMMENTS: You can send comments to the Public Works, Sewer & Water Committee on any matter, either on or not on the agenda, by emailing bmanning@veronawi.gov or in writing to Public Works, Sewer & Water Committee, 410 Investment Court, Verona, WI, 53593. Notice: If you need an interpreter, materials in alternative formats, or other accommodation to access the meeting, please contact the City Clerk at (608) 845-6495 at least 48-hours preceding the meeting. Every reasonable effort will be made to accommodate your request. 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. The City Council and any other standing committees will not take formal action at this meeting. City of Verona 111 Lincoln Street Verona, WI 53593 (608) 845-6495 veronawi.gov PUBLIC WORKS, SEWER & WATER COMMITTEE- DATE: Wednesday June 11, 2025 TIME: 5:30 PM LOCATION: VERONA SENOIR CENTER 108 Paoli Street VERONA, WI 53593 1. Call to Order Meeting called to order by Beth Tucker Long at 5:31 pm 2. Roll Call Beth Tucker Long, Chris Weiss Also present: Rick Eilertson (AECOM), Bryan Manning-Public Works Director, Michael Trotter-Assistant Public Works Director 3. Public Comment. Bill Biesmann, KL Engineering, appeared before the committee to request the city determine a path forward to allow them to complete SWMP updates. Bill explained the hurdles that the developer has had to overcome to move forward. 4. Approval of the Minutes: May 27, 2025. Moved by Beth Tucker Long and seconded by Chris Weiss to approve the minute. Motion passed 2-0 5. Discussion: 2025 Surface Rehabilitation Program: Edwards Street with Sidewalk addition. City Staff explained the design and construction of the sidewalk with the resurfacing of Edwards Street. 6. Staff Report: 7. Adjourn Motion by Chris Weiss and seconded by Beth Tucker Long to adjourn 6:34 pm Beth Tucker Long - Chairperson POSTED: June 6, 2025 POSTED: Verona City Hall Verona Public Library Miller’s Market All agendas are posted on the City website at: veronawi.gov WRITTEN COMMENTS: You can send comments to the Public Works, Sewer & Water Committee on any matter, either on or not on the agenda, by emailing bmanning@veronawi.gov or in writing to Public Works, Sewer & Water Committee, 410 Investment Court, Verona, WI, 53593. Notice: If you need an interpreter, materials in alternative formats, or other accommodation to access the meeting, please contact the City Clerk at (608) 845-6495 at least 48-hours preceding the meeting. Every reasonable effort will be made to accommodate your request. 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. The City Council and any other standing committees will not take formal action at this meeting. Meeting Date: June 23, 2025 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) Discussion and Possible Action: Recommend approval of Project 2025-102 Asphalt Pavement Service Treatment to Fahrner Asphalt Sealers LLC. Project includes routing and crack filling the following streets: Northern lights, Epic Lane, West Verona (Westridge to Legion) East Verona (Lincoln 300’ east) Liberty, Ambition, Clarity Street. E Chapel Royal Area. Recommended Motion: Recommend approval for Project 2025-102 Asphalt Pavement Service Treatment to Fahrner Asphalt Sealers LLC. in the contract sum not to exceed $106,491.00 Item (6) Discussion and Possible Action: Recommend approval of Project 2025-110 Well 4 Rehabilitation to Water Well Solutions Inc. Well 4 is scheduled for rehabilitation in 2025 to inspect, clean, and perform maintenance of the well shaft and pumps for performance. Recommended Motion: Recommend approval of Project 2025-110 Well 4 Rehabilitation to Water Well Solutions Inc.in the contract sum not to exceed $125,684.00 Item (7) Discussion: : Project 2022-107 Military Ridge State Trail Paving. Update Committee on the Bridge repair design and work needed before paving. Page 1 / 1 PROPOSAL / CONTRACT Job. No. Date: June 10, 2025 Contact Name: JUSTIN SUTKAY Contract Price $106,491.00 PURCHASER: CITY OF VERONA TELEPHONE: (608) 497-2081 ADDRESS: 410 INVESTMENT CT DESCRIPTION OF PROPERTY: VERONA, WI 53593 CITY OF VERONA - 2025 CRACKFILL PROJECT VARIOUS CITY STREETS VERONA, WI 53593 1. FAHRNER Asphalt Sealers, L.L.C. (CONTRACTOR) and PURCHASER agree that, CONTRACTOR shall furnish the labor and materials to complete certain construction in accordance with the following specifications: CITY OF VERONA - 2025 CRACKFILL PROJECT Rout out cracks and curbline to a minimum 3/4" x 3/4" ratio width versus depth. The routers used will be equipped with *Dustless Suppression Vacuum Systems*. Blow and clean routs with compressed air and heat lance. Seal with rubberized asphalt crack sealant which exceeds Fed Spec ASTM 6690 TYPE II 38% rubber. Overband cracks using hand squeegee method. Apply single ply toilet paper over freshly sealed routs to reduce vehicle tracking. * Fahrner will have a street sweeper on project at all times to remove any debris. * Traffic control and signage included for entire project. * Arrow boards will be utilized for Northern Lights Rd / West & East Verona Rd. * High traffic streets will be done between the hours of 9:00 am & 3:00 pm. * Fahrner will place "No Parking" signs 48 hours in advance on streets where parking is permitted. (Lincoln / Liberty Dr area / East Chapel Royal Subdivision) PRICING: PER STREET / AREA (Street Cracks and Curbline) 1.) NORTHERN LIGHTS RD (MCKEE RD TO VERONA RD)..................$53,613.00 2.) EPIC LN (NORTHERN LIGHTS TO MILKY WAY)......................$2,405.00 3.) WEST VERONA RD (WESTRIDGE TO LEGION)........................$25,063.00 4.) EAST VERONA RD (LINCOLN ST EAST 330').......................$3,160.00 5.) LINCOLN ST (VERONA RD TO END)...............................$800.00 6.) LIBERTY DR AREA (LIBERTY DR / AMBITION ST / CLARITY ST).....$7,260.00 7.) E. CHAPEL ROYAL AREA (PER MAP FROM JUSTIN - 8 STREETS)......$14,190.00 This proposal may be withdrawn if not accepted and received by CONTRACTOR within 30 days of the date above and/ or at any time before performance of the work hereunder upon CONTRACTOR'S determination that the PURCHASER is not creditworthy. 2. If proposal is accepted please sign, retain one copy and forward a copy to our office. 3. The undersigned ("PURCHASER") agrees to pay CONTRACTOR the total price of $106,491.00 and/or the unit prices specified above for the labor and materials specified above which payment shall be due upon completion of each stage of work. PURCHASER acknowledges that the specifications, conditions and price quotes specified above are satisfactory and hereby accepted. Acceptance of this Proposal includes acceptance of all the terms and conditions on back. CONTRACTOR: PURCHASER: Fahrner Asphalt Sealers, LLC:Cell: (608) 381-7117 I have read and understand the terms and conditions on both sides of this contract. Joe.Bass@fahrnerasphalt.com Joe Bass (PRINT OR TYPE NAME) (PRINT OR TYPE NAME) By: By: (CONTRACTOR REPRESENTATIVE) (PURCHASER AUTHORIZED REPRESENTATIVE) Date: June 10, 2025 Date of acceptance: TERMS AND CONDITIONS NOTICE OF LIEN RIGHTS AS REQUIRED BY THE WISCONSIN CONSTRUCTION LIEN LAWS, CONTRACTOR HEREBY NOTIFIES OWNER THAT PERSONS OR COMPANIES FURNISHING LABOR OR MATERIALS FOR THE CONSTRUCTION ON OWNER’S LAND MAY HAVE LIEN RIGHTS ON OWNER’S LAND AND BUILDING IF NOT PAID. THOSE ENTITLED TO LIEN RIGHTS, IN ADDITION TO THE UNDERSIGNED CONTRACTOR, ARE THOSE WHO CONTRACT DIRECTLY WITH THE OWNER OR THOSE WHO GIVE THE OWNER NOTICE WITHIN SIXTY (60) DAYS AFTER THEY FIRST FURNISH LABOR OR MATERIALS FOR THE CONSTRUCTION. ACCORDINGLY, OWNER PROBABLY WILL RECEIVE NOTICES FROM THOSE WHO FURNISH LABOR OR MATERIALS FOR THE CONSTRUCTION, AND SHOULD GIVE A COPY OF EACH NOTICE RECEIVED TO THE MORTGAGE LENDER, IF ANY. CONTRACTOR AGREES TO COOPERATE WITH THE OWNER AND THE OWNER’S LENDER, IF ANY, TO SEE THAT ALL POTENTIAL LIEN CLAIMS ARE DULY PAID. ACCEPTANCE OF WORK All labor and material is conclusively accepted as satisfactory unless excepted to in writing within seven (7) days of performance. EXTRA WORK All alterations or deviations from any of the terms of this contract shall be in writing and executed by the parties hereto. Any extra cost involved therein will become an extra charge to be paid by PURCHASER over and above the contract price. PURCHASER’S RESPONSIBILITIES PURCHASER acknowledges and understands that it shall be responsible for obtaining any and all permits which may be required in connection with performance of this Proposal/Contract. Where applicable, PURCHASER shall also be responsible for backfilling areas that border along the newly paved surface with appropriate material to eliminate potential cracking and uneven surface at the edge of the paved surface and for installing, replacing, maintaining and repairing shoulders. PURCHASER assumes all liability for any damages done to underground utilities and/or structures unless CONTRACTOR has been notified, upon acceptance of this Proposal, as to the specific location and depth of any such buried utility/structures. Unless exempt, in accepting this Proposal/Contract, PURCHASER acknowledges that it shall comply with the requirements of all applicable federal , state, and local employment laws, executive orders, codes and regulations (the “Requirements”) effective where the work and/or services are being performed including, but not limited to, 41 CFR §§ 60-1.4(a)(1)-(8), 60-1.4(b), 60-1.4(c) or their successors effective where this Proposal/Contract is performed. To the extent required by law, all provisions of the Requirements are hereby incorporated into and made a part of this Agreement and any applicable agreements of CONTRACTOR. To the extent applicable, the Requirements include, but are not limited to, (1) prohibition of discrimination because of protected veteran status, disabili ty, race, color, religion, sex, sexual orientation, gender identity, national origin and because of inquiry or discussion about or disclosure of compensation, (2) affirmative action to employ and advance in employment individuals without regard to race, sex, disability, or protected veteran status, (3) compliance with the Employee Notice clause contained in 29 C.F.R. part 471, Appendix A to Subpart A, or its successors, (4) compliance with the EEO-1 and VETS-4212 reports filing requirements in 41 C.F.R. §§ 60-1.7 and 41 C.F.R. §61-300.10, or their successors, (5) compliance with paycheck transparency obligations of 48 C.F.R. § 22.2005, including the contract clause found at 48 C.F.R. § 52.222-60, which is incorporated by reference as if fully set forth herein, (6) other affirmative action in employment, (7) required/certified payrolls, (8) social security acts, (9) unemployment compensation acts, (10) worker’s compensation acts, (11) equal employment opportunity acts and (12) the required contract provisions for Federal-Aid Construction Contracts, Form FHWA-1273, if applicable. When applicable, PURCHASER and CONTRACTOR shall abide by the requirements of 41 CFR 60-300.5(a). This regulation prohibits discrimination against qualified protected veterans, and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified protected veterans. When applicable, PURCHASER and CONTRACTOR shall abide by the requirements of 41 CFR 60-741.5(a). This regulation prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action covered by prime contractors and subcontractors to employ and advance in employment qualified individuals with disabilities. INCLEMENT WEATHER Inclement weather may alter the completion of the work to be furnished hereunder. Furthermore, special consideration should be given if work is to be performed before May 1 or after October 15 in light of less than desirable weather conditions which could potentially impair the quality of th e work performed hereunder. WARRANTY All material is guaranteed to be as specified and all work is to be completed in a workmanlike manner according to standard practices. All labor and materials will be guaranteed against defect for one (1) year from date of installation. Due to Wisconsin winters and expansion and contraction of the ground, some cracking of the pavement may be experienced. There are no express or implied warranties of merchantability, quality, quantity or of fitness for any p articular purpose, which extend beyond those specifically set out in this document. All warranties are void if payment is not made as stipulated. DELINQUENCY CHARGE Payment is due and payable upon completion of each stage of the work. If PURCHASER defaults on the payment required, PURCHAS ER will be liable for all costs of collection, including reasonable attorney’s fees, and a delinquency charge on the balance at the maximum rates allowed by law . If PURCHASER is an organization as defined by Wis. Statutes, Section 421.301(28), the Delinquency Charge rate shall be 1.5% per month (18% APR) plus all costs of collection, including reasonable attorney’s fees. CONTRACTOR retains title to all merchandise covered by this Agreement until full payment is received according to the above terms of sale. PURCHASER consents in any action or legal proceeding relating to this Contract commenced by the CONTRACTOR to the personal jurisdiction of any c ourt that is either a court of record in the State of Wisconsin or a court of the United States located in the State of Wisconsin. It is hereby agreed that no legal action with respect to this contract may be brought by either party later than one (1) year after the cause of action accrues and that the party asserting such a legal action sh all be barred from any remedy thereto. INDIVIDUAL LIABILITY The undersigned PURCHASER agrees to be individually liable for all terms of the Agreement, regardless of whether he or she si gns individually or as an agent for the owner of the property upon which the work is being performed or for any other individual, partnership or corporation. PRODUCT INFORMATION AND MAINTENANCE Since the asphalt in blacktop needs time to harden and cure, usually 6-12 months, your asphalt pavement will remain soft and pliable during warm weather. During this time, don’t park in the same spot every time and do not turn your steering wheel back and forth when your car is not moving. It is not unusual to experience some cracking over the winter due to the contraction and expansion of the ground, especially over culverts, pipes, electric wires, etc. Avoid gasoline and petroleum product spills as they will destroy your pavement. If spills do occur, immediately flush with lots of soapy water. If you decide to seal coat your pavement, wait until the summer following installation. BINDING EFFECT This Agreement shall be binding upon the parties hereto, their heirs, personal representatives, successors and assigns. ENTIRE AGREEMENT The entire contract is embodied in this writing. This writing constitutes the final expression of the party’s agreement, and is a complete and exclusive statement of that agreement. In the event that any term of this contract is unenforceable, the remaining terms of the contract shall still be in full force and effect. Page 2 of 2 4/18/2025 City of Verona 410 Investment Court Verona, WI 53593 Attn: Scott Gunsolus RE: Well No. 4 Pull and Inspect Scott, Per your request, Water Well Solutions is pleased to submit the following proposal to remove, inspect, repair or replace any necessary components, and re-install the pumping equipment for Well No. 4. The estimated cost associated with the work described can be found below. Well No. 4 Pull and Inspect: QTY Unit Unit Estimated Total Cost Labor: 2 Man Crew w/ Service Truck & Tools 15–20 HR $360 $5,400.00 - $7,200.00 Pump Service Rig 2 DAY $1,100 $2,200.00 Televising w/ Video Copy 1 EA $1,500 $1,500.00 Teardown and Inspection 1 EA $450 $450.00 Rebuild Stuffing Box 1 EA $400 $400.00 Flame Straighten & Clean Shafts 1 EA $400 $400.00 Refurbish Discharge Head 1 EA $900 $900.00 Materials: New 10” x 4’ 10-13/16” Sch 40 T&C Combo 1 EA $2,059 $2,059.00 New 10” x 9’ 9-5/8” Sch 40 T&C Combo 15 EA $2,944 $44,160.00 New 1-1/2” Head Shaft 1 EA $1,179 $1,179.00 New 1-1/2” x 10’ T&C SS Shafts 15 EA $638 $9,570.00 New 1-1/2” x 5’ T&C SS Shafts 2 EA $510 $1,020.00 New 1-11/16” ID Rubber Bearings 16 EA $18 $288.00 New 1-1/2” x 1-11/16” x 7 SS Shaft Sleeves 16 EA $88 $1,408.00 Recondition 150 HP VHS Motor (Clean, Dip, Bake) 1 EA $7,450 $7,450.00 New Pump Bowls 2000 GPM 240’ TDH 1 EA - $24,000.00 - $30,000.00 Labor: 2 Man Crew w/ Service Truck & Tools 20-30 HR $360 $7,200.00 - $10,800.00 Pump Service Rig 2 DAY $1,100 $2,200.00 Misc Consumables (Fuel, Airline, Tape, Oil, Etc.) 1 LS - $1,500.00 - $2,500.00 Estimated Total $113,284.00 - $125,684.00 As you are aware, treatment recommendations are nearly impossible to make without first removing and televising the well. Upon removal and televising, we can provide our best recommendation for treatment based on the condition of the well. For budgetary purposes and based on prior treatments we have performed over the years for the City of Verona, we can assume that treatment will cost between $10,000.00 and $25,000.00. Additionally, a transducer and upgraded well vent has been requested. This will be performed by busting out a section or all the pump base, cutting and welding in a 6” pipe, and re-pouring a concrete pump base. The 6” pipe will be fit with a 6” flange, 6” x 2” flange, a 2” nipple, a 2” elbow, a 2” x 12” nipple, and end with a 2” downward facing mushroom cap with a 24-mesh stainless steel screen per DNR code. This will allow for the facilitation/installation of Water Well Solutions Wisconsin, LLC * N87 W36051 Mapleton St * Oconomowoc WI 53066 Toll Free: (888) 769-9009 * Fax: (920) 474-4771 * Web: www.wwssg.com a transducer as well as performing in situ chemical treatments in the future without removing the pumping equipment. If we deem a different approach to be more cost effective to implement a transducer after pump removal, we will recommend that approach at that time. The cost associated with the work, as well as the transducer, is estimated to be $7,500.00 - $10,000.00. Installation and wiring of the transducer will be performed by WWS; programming for SCADA to be done by others. All work will be performed on a time and material basis at our standard hourly rates. If you wish to proceed with the scope of work outlined above, please sign below and return a copy of this proposal. Upon approval, we can schedule the work ASAP. Water Well Solutions values our partnership with the City of Verona and looks forward to working with you. As always, please feel free to contact us with questions. Best regards, Philip M. Judkins VP Wisconsin Operations Office : (920) 474-4777 Mobile : (262) 354-5554 Signature: _________________________________ Name: ____________________________________ Title: _____________________________________ Date: _____________________________________ Water Well Solutions Wisconsin, LLC * N87 W36051 Mapleton St * Oconomowoc WI 53066 Toll Free: (888) 769-9009 * Fax: (920) 474-4771 * Web: www.wwssg.com INVOICES. Invoices will be submitted once a month with payment due within 10 days of the invoice date. A late charge at the rate of 1 1/2 % per month, or the highest rate allowed by applicable law, whichever is lowest, will be added to all amounts outstanding after 30 days. Purchaser agrees to pay any and all attorneys’ fees and court costs should attorneys be utilized, or court proceedings initiated to collect any past due amounts. INFORMATION. It is recognized that Purchaser has superior knowledge of the job site, site history, access routes to the job site, known or suspected contaminants, surface and subsurface conditions, etc., and Purchaser is obligated to advise Water Well Solutions of all or any conditions that may affect Water Well Solutions performance hereunder. Purchaser agrees to provide Water Well Solutions with such specifications, plans, site history information, reports, studies or other information on surface and subsurface conditions as will be reasonably required by Water Well Solutions for safe, proper and timely performance of the work. Purchaser shall obtain all necessary permits and rights-of-way and indemnify and hold Water Well Solutions harmless for its failure to do so and for claims of trespass or damage to property, including underground utilities or structures, which arise out of the work. LIABILTY. Neither party shall be liable to the other party for any special, indirect, incidental or consequential damages, whether based on contract, tort (including negligence), strict liability or otherwise. Further, Purchaser agrees to indemnify and hold Water Well Solutions harmless from and against any and all claims, demands, causes of action (including third party claims for contribution or indemnification), liability and costs (including attorneys’ fees and other costs of defense) which result from (i) any release or threatened release of any substance (whether hazardous of not); (ii) any claim that Water Well Solutions or any of its subcontractors was a “generator” or “transporter” of hazardous waste or an “operator” of the job site (as such terms are used or defined under local, state or federal laws or regulations); or (iii) any negligent or wrongful act or omission of Purchaser or others under Purchaser’s control, except that this indemnification shall not apply to the extent any demand of cause of action results from Water Well Solutions negligence or intentional misconduct. PERFORMANCE. Water Well Solutions will exercise reasonable skill and judgment in performing the work, EXCEPT AS EXPRESSLY PROVIDED HEREIN, NO OTHER WARRANTIES (EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE GIVEN HEREUNDER. Water Well Solutions does not warrant specific results of any kind or provide any guarantee of water quality or quantity. CHANGED CONDITIONS. The discovery of any hazardous waste, substance, pollutant, contaminant, underground obstruction, condition or utilities on or under the job site which were not brought to the attention of Water Well Solutions prior to the date of this Work Agreement will constitute a materially different site condition entitling Water Well Solutions, at its option, to terminate this Work Agreement (and to receive payment for all work performed up to and including the date of such termination) or to receive an equitable adjustment in the contract price and time for performance. Water Well Solutions, however, shall only have the right to terminate if such different site condition(s) creates additional health and safety risks or requires Water Well Solutions to perform work outside the original scope or beyond its capabilities. In any event, Water Well Solutions may terminate operations on a site which it believes presents an unreasonable health or safety risk. DELAYS. Water Well Solutions shall have no liability to Purchaser, or its clients, contractors or consultants for delays attributable to acts of God, acts of third parties, weather which is not reasonably anticipatable, intervention or public authorities, inability to obtain permits necessary to perform the work, work stoppages, changes in applicable laws or regulations after the date of commencement of performance hereunder and any other conditions or events which are beyond the reasonable control of Water Well Solutions shall be entitled to additional time to perform this Work Agreement equal to the time of any such delay. MISCELLANEOUS. The terms and conditions set forth in the Work Agreement constitute the entire understanding of the parties relating to the work. All previous proposals, offers, and other communications relative to the work, oral or written, are hereby superseded. Any additional or conflicting provision(s) contained in any purchase order, acknowledgement, or other form of the Purchaser is hereby expressly objected to by Water Well Solutions and shall not modify this Work Agreement. INTERPRETATION. This Work Agreement shall be governed and construed in accordance with the laws of the state of the job site location. If any term, provision or condition contained herein shall, to any extent, be invalid or unenforceable, pursuant to state law or otherwise, the remainder of the terms, provisions and conditions stated in the Work Agreement (or the application of such term, provision or condition to person or circumstances other than those in respect of which it is invalid or unenforceable) shall not be affected, and each term, provision and condition of this Work Agreement shall be valid and enforceable to the fullest extent permitted by law. Water Well Solutions Wisconsin, LLC * N87 W36051 Mapleton St * Oconomowoc WI 53066 Toll Free: (888) 769-9009 * Fax: (920) 474-4771 * Web: www.wwssg.com

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