CITY OF BARABOO COMMON COUNCIL AGENDA

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CITY OF BARABOO COMMON COUNCIL AGENDACouncil Chambers, 101 South Blvd., Baraboo, Wisconsin

Tuesday, June 14, 2022, 7:00 P.M.

Regular meeting of the City of Baraboo Common Council, Mayor Nelson presiding.Notices Sent To Council Members: Wedekind, Kolb, Hazard, Kent, Petty, Ellington, Sloan, Kierzek, and ThurowNotices Sent To City Staff, Media And Other Interested Parties: City Administrator Bradley, CDA Dir. Cannon, ClerkZeman, DPW Dir/Engineer Pinion, Finance Dir. Ostrander, Fire Chief Stieve, EMS Chief Johnson, Library Dir.Bergin, Parks & Rec. Dir. Hardy, Interim Police Chief Sinden, Street Super. Gilman, Utility Super. Peterson, TreasurerLaux, Baraboo News Republic, WBDL, 99.7FM, Citizen Agenda Group, Media Agenda Group, Ryan La Broscian, TonyGilman, Jessie Atkinson

1. CALL TO ORDER

2. ROLL CALL AND PLEDGE OF ALLEGIANCE

3. APPROVAL OF PREVIOUS MINUTES (Voice Vote): May 24, 2022

4. APPROVAL OF AGENDA (Voice Vote)

5. COMPLIANCE WITH OPEN MEETING LAW NOTED

6. PRESENTATIONS

7. PUBLIC HEARINGS

8. PUBLIC INVITED TO SPEAK (Any citizen has the right to speak on any item of business that is on the agenda for Councilaction if recognized by the presiding officer.)

9. MAYOR'S BUSINESS

The Mayor announces a vacancy on the Police and Fire Commission;

The Mayor would like to congratulate the following employees on their anniversaries: Jessie Atkinson, 5 years as Finance Assistant-Accountant; Tony Gilman, 5 years as Street Superintendent; Lt. Ryan La Broscian, 20 years with the Baraboo Police Department;

Congratulations to you all! The Mayor will read the following Proclamations:

o National Pride Montho Big Top Parade and Circus Celebration

10. CONSENT AGENDA (Roll Call)CA-1…Approve the accounts payable to be paid in the amount of $_________________.

CA-2…Approve the Temporary Alcohol License application (aka Picnic License) for the Baraboo Theatre GuildBTG’s Big Top Gala, July 23, 2022.

CA-3…Approve the appointment of Annette Crowder and Misty Muter to the Library Board.

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11. NEW BUSINESS –RESOLUTIONSNBR-1…Consider proposal from SeamlessDocs for a three-year contract in the amount of $4,244.61 per yearwith a total of $12,733.86. (Zeman)

NBR-2…Consider bids for Street Improvement Projects. (Pinion)

NBR-3… Consider approving a Class “B” Fermented Malt Beverage and “Class C” Wine License for LosSombreros Grill Restaurant LLC, 111 4th Street (Zeman/Sinden)

NBR-4…Consider approving the 2022/2023 Liquor License Renewal Applications (Zeman/Sinden)

NBR-5…Consider authorizing the City Administrator to enter into a purchase agreement for 103 and 105 WalnutStreet (Bradley)

NBR-6…Consider Professional Services Agreement with SEH, Inc for the Lead Service Line Replacementproject, not to exceed $9,800 (Peterson)

NBR-7…Consider authorizing the City to draw from the Line of Credit with Baraboo State Bank (Ostrander)

NBR-8…Consider approving the City’s Title VI Nondiscrimination Plan and the City’s Shared Ride Safety Policy.(Ostrander)

NBR-9…Consider authorizing the City Administrator and City Clerk to execute the Hotel DevelopmentAgreement (Bradley)

NBR-10…Consider authorizing the City Administrator to enter into vehicle lease and maintenance agreementswith Enterprise Fleet Management. (Bradley)

NBR-11… Consider approving the budget transfer amendment and authorizing the purchase of “miBudget”software. (Ostrander)

12. NEW BUSINESS ORDINANCESNBO-1…Consider amending an Ordinance relating to parking restriction on Ash Street from 4th Street to 5th

Street. (Pinion)

13. COMMITTEE OF THE WHOLEMoved by _________________________, seconded by _________________, to enter Committee of the Wholeto discuss an update on the Fire Department Project.

Moved by _________________________, seconded by __________________, to rise and report fromCommittee of the Whole and return to regular session. (Roll Call)

NBR-12… Consider authorizing the City Administrator and City Clerk to execute an agreement with FiveBugles Design for the Planning and Design Services for the Fire/EMS Building. (Bradley/Cannon)

14. ADMINISTRATOR AND COUNCIL COMMENTS (Comments are limited to recognition of City residents andemployees, memorials, and non-political community events; discussion of matters related to government business is prohibited.)

15. REPORTS, PETITIONS, and CORRESPONDENCE-The City acknowledges receipt and distribution ofthe following:

Reports: May 2022 –Building Inspection, Fire Dept., Treasurer

Minutes from the Following Meetings:

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Copies of these meeting minutes are included in your packet:Finance……………5-10-2022, 5-24-2022 Fire/EMS Consolidation……5-2-2022, 5-23-2022Administrative……..5-2-2022, 5-23-2022 Public Safety…………………4-25-2022Plan………………..4-19-2022 Ambulance…………………..4-27-2022Park & Recreation….5-9-2022

Copies of these meeting minutes are on file in the Clerk's office:Public Arts………..4-28-2022 Library………………………………5-17-2022

Petitions and Correspondence Being Referred: Citizen Correspondence regarding ATV Route System.

16. ADJOURNMENT (Voice Vote)Brenda Zeman, City Clerk

For more information about the City of Baraboo, visit our website at www.cityofbaraboo.com

June 2022

Sunday Monday Tuesday Wednesday Thursday Friday Saturday12 13 14 15 16 17 18

Park & Rec FinanceCouncil

BID UW Campus

19 20 21 22 23 24 25PFC Plan

LibraryAmbulance EM MGMT

26 27 28 29 30 1 2Public Safety Finance

CouncilPublic Arts

y

PLEASE TAKE NOTICE - Any person who has a qualifying disability as defined by the Americans with DisabilitiesAct who requires the meeting or materials at the meeting to be in an accessible location or format should contact theCity Clerk at 101 South Blvd., Baraboo WI or phone (608) 355-2700 during regular business hours at least 48 hoursbefore the meeting so reasonable arrangements can be made to accommodate each request.

Agenda jointly prepared by D. Griggel and B. Zeman Agenda posted on 06/10/2022

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City of Baraboo Council Minutes May 24, 2022 Volume 44 Page #6

Council Chambers, Municipal Building, Baraboo, WisconsinTuesday, May 24, 2022 – 7:00 p.m.

Mayor Nelson called the regular meeting of Council to order.Roll call was taken.Council Members Present: Wedekind, Kolb, Hazard, Kent, Petty, Ellington, Sloan, Kierzek, ThurowCouncil Members Absent:Others Present: Interim Chief Sinden, Clerk Zeman, Adm. Bradley, J. Ostrander, T. Pinion, K. Stieve, C.Johnson, Greg Johnson, Ehlers & Associates, Inc., Harry Allen, Ehlers & Associates, Inc., Tim & JessicaHorn, Linda Statz, members of the press and others.

The Pledge of Allegiance was given.

Moved by Ellington, seconded by Kolb and carried to approve the minutes of May 10, 2022.

Moved by Wedekind, seconded by Kolb and carried to approve the agenda.

Compliance with the Open Meeting Law was noted.

PRESENTATIONS – None Scheduled.

PUBLIC HEARINGS – None Scheduled.

PUBLIC INVITED TO SPEAK – No one spoke.

MAYOR’S BUSINESSMayor Nelson noted that we are currently planning for a Special Council meeting on Tuesday, May 31st

at 6:00pm for Strategic Planning.

CONSENT AGENDAResolution No. 22-29

THAT the Accounts Payable, in the amount of $ 1,114,157.65 as recommended for payment by theFinance/Personnel Committee, be allowed and ordered paid.

Moved by Petty, seconded by Kent and carried that the Consent Agenda be approved-9 ayes.

NEW BUSINESS - RESOLUTIONSResolution No. 22-30

THAT the City contract with the Wisconsin Department of Agriculture, Trade and ConsumerProtection for the Weights and Measures inspections for 2023 in the amount of $2,800 dollars for 7days at $400 per day.

Moved by Thurow, seconded by Sloan and carried that Resolution No. 22-30 be approved-9ayes.

Resolution No. 22-31That, upon the passage of this Resolution, the Finance Director is hereby authorized to create the

following new Fund for the Fire/EMS Building Project, with said Fund to be managed by the ExecutiveDirector of the City of Baraboo Community Development Authority:

Fund 990, “Fire/EMS Building Fund.”

Moved by Sloan, seconded by Ellington and carried that Resolution No. 22-31 be approved-9ayes.

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Resolution No. 22-32That the City resolves to draw $777,079.25 from the line of credit with the Baraboo State Bank

on Wednesday May 25th, 2022.

Moved by Petty, seconded by Kent and carried that Resolution No.22-32 be approved-9 ayes.

Resolution No. 22-33Whereas, the City will construct a new Fire/EMS building;

Whereas, the City has directed the Community Development Authority (CDA) to own the facilityand to lease the facility to the City for its use;

Whereas, the CDA has submitted an application to the United States Department of Agriculture-Rural Development (USDA-RD) to obtain a long term (40 year) loan for this project;

Whereas, one of the requirements set forth by USDA-RD is that a segregated checking account beestablished;

Whereas, it is the policy of the City of Baraboo to have all Checking Accounts formally establishedby the City Council;

THAT the Community Development Authority is authorized to establish a new checking accountat Baraboo State Bank for this project.

Moved by Sloan, seconded by Thurow and carried that Resolution No.22-33 be approved-9ayes.

Resolution No. 22-34WHEREAS, the City of Baraboo and the Town of Greenfield approved a Cooperative Plan

and Boundary Agreement in 2008; and

WHEREAS, that Agreement requires that the City and Town agree to the development of anyparcel located in areas that were originally designated as part of a “conservancy” area; and

WHEREAS, the City has no objection to the development of that portion of Tax Parcels 206-1154-82221 and 206-1154-82222, owned Linda J Statz, that were previously designated as part of a“conservancy” area.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Barabooapproves the development of the lands within the boundary of CSM 7113 that were previouslydesignated a “conservancy” in the 2008 Cooperative Plan and Boundary Agreement between the Cityof Baraboo and Town of Greenfield.

BE IT FURTHER RESOLVED, that the City Council of the City of Baraboo authorizes theMayor and City Clerk to execute the attached Agreement to allow the development of said lands.

Moved by Kolb, seconded by Wedekind and carried that Resolution No.22-34 be approved-9ayes.

Resolution No. 22-35RESOLUTION DECLARING OFFICIAL INTENT

TO REIMBURSE EXPENDITURESFROM PROCEEDS OF BORROWING

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WHEREAS, the City of Baraboo, Sauk County, Wisconsin (the "Issuer") plans to undertake theTax Incremental District #10 public infrastructure, pedestrian trail, bridge, overlook, screening wall,mitigation of land, and land acquisitions as proposed on attachment (the "Project");

WHEREAS, the Issuer expects to finance the Project on a long-term basis by issuing tax-exempt bonds or other tax-exempt obligations (collectively, the "Bonds");

WHEREAS, because the Bonds will not be issued prior to commencement of the Project, theIssuer must provide interim financing to cover costs of the Project incurred prior to receipt of theproceeds of the Bonds; and

WHEREAS, the Common Council (the "Governing Body") of the Issuer deems it to benecessary, desirable, and in the best interests of the Issuer to advance moneys from its funds on hand onan interim basis to pay the costs of the Project until the Bonds are issued.

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Issuer that:

Section 1. Expenditure of Funds. The Issuer shall make expenditures as needed from itsfunds on hand to pay the cost of the Project until proceeds of the Bonds become available.

Section 2. Declaration of Official Intent. The Issuer hereby officially declares its intentunder Treas. Reg. Section 1.150-2 to reimburse said expenditures with proceeds of the Bonds, theprincipal amount of which is not expected to exceed $6,000,000.

Section 3. Unavailability of Long-Term Funds. No funds for payment of the Project fromsources other than the Bonds are, or are reasonably expected to be, reserved, allocated on a long-termbasis, or otherwise set aside by the Issuer pursuant to its budget or financial policies.

Section 4. Public Availability of Official Intent Resolution. The Resolution shall be madeavailable for public inspection at the office of the Issuer's Clerk within 30 days after its approval incompliance with applicable State law governing the availability of records of official acts includingSubchapter II of Chapter 19, and shall remain available for public inspection until the Bonds are issued.

Section 5. Effective Date. This Resolution shall be effective upon its adoption and approval.

Adopted and recorded May 24, 2022.

Moved by Wedekind, seconded by Hazard and carried that Resolution No.22-35 be approved-9 ayes.

Resolution No. 22-36INITIAL RESOLUTION AUTHORIZING

$1,555,000 GENERAL OBLIGATION BONDSFOR STREET IMPROVEMENT PROJECTS

BE IT RESOLVED by the Common Council of the City of Baraboo, Sauk County, Wisconsin,that there shall be issued, pursuant to Chapter 67, Wisconsin Statutes, general obligation bonds in anamount not to exceed $1,555,000 for the public purpose of paying the cost of street improvementprojects.

Moved by Petty, seconded by Kent and carried that Resolution No.22-36 be approved-9 ayes.

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Resolution No. 22-37INITIAL RESOLUTION AUTHORIZING

$1,035,000 GENERAL OBLIGATION BONDS FORCOMMUNITY DEVELOPMENT PROJECTS IN TAX INCREMENTAL DISTRICTS

BE IT RESOLVED by the Common Council of the City of Baraboo, Sauk County, Wisconsin,that there shall be issued, pursuant to Chapter 67, Wisconsin Statutes, general obligation bonds in anamount not to exceed $1,035,000 for the public purpose of providing financial assistance tocommunity development projects under Section 66.1105, Wisconsin Statutes, by paying projectcosts included in the project plans for the City's Tax Incremental Districts.

Moved by Kolb, seconded by Petty and carried that Resolution No.22-37 be approved-9 ayes.

Resolution No. 22-38RESOLUTION DIRECTING PUBLICATION OF

NOTICE TO ELECTORS RELATING TO BOND ISSUES

WHEREAS, initial resolutions authorizing general obligation bonds have been adopted bythe Common Council of the City of Baraboo, Sauk County, Wisconsin (the "City") and it is nownecessary that said initial resolutions be published to afford notice to the residents of the City oftheir adoption;

NOW, THEREFORE, BE IT RESOLVED that the City Clerk shall, within 15 days,publish a notice to the electors in substantially the form attached hereto in the official Citynewspaper as a class 1 notice under ch. 985, Wis. Stats.

Moved by Sloan, seconded by Thurow and carried that Resolution No.22-38 be approved-9ayes.

Resolution No. 22-39RESOLUTION PROVIDING FOR THE SALE OF

$2,590,000 GENERAL OBLIGATION CORPORATE PURPOSE BONDS

WHEREAS, the City of Baraboo, Sauk County, Wisconsin (the "City") has adopted initialresolutions (collectively, the "Initial Resolutions") authorizing the issuance of general obligationbonds for the following public purposes and in the following amounts:

(a) $1,555,000 for street improvement projects; and

(b) $1,035,000 for providing financial assistance to community development projectsunder Section 66.1105, Wisconsin Statutes, by paying project costs included inthe project plans for the City's Tax Incremental Districts.

WHEREAS, the Common Council hereby finds and determines that the projects describedin the Initial Resolutions are within the City's power to undertake and therefore serve a "publicpurpose" as that term is defined in Section 67.04(1)(b), Wisconsin Statutes.

NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City that:

Section 1. Combination of Issues. The issues referred to above are hereby combined intoone issue of bonds designated "General Obligation Corporate Purpose Bonds" (the "Bonds") in anamount not to exceed $2,590,000 for the purposes above specified.

Section 2. Sale of the Bonds. The Common Council hereby authorizes and directs that the

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Bonds be offered for public sale. At a subsequent meeting, the Common Council shall considersuch bids for the Bonds as may have been received and take action thereon.

Section 3. Notice of Sale. The City Clerk (in consultation with Ehlers & Associates, Inc.("Ehlers")) be and hereby is directed to cause notice of the sale of the Bonds to be disseminated insuch manner and at such times as the City Clerk may determine and to cause copies of a completeNotice of Sale and other pertinent data to be forwarded to interested bidders as the City Clerk maydetermine.

Section 4. Official Statement. The City Clerk (in consultation with Ehlers) shall cause anOfficial Statement to be prepared and distributed. The appropriate City officials shall determinewhen the Official Statement is final for purposes of Securities and Exchange Commission Rule15c2-12 and shall certify said Official Statement, such certification to constitute full authorization ofsuch Official Statement under this resolution.

Moved by Hazard, seconded by Wedekind and carried that Resolution No.22-39 be approved-9 ayes.

Resolution No. 22-40That the Proposal for mowing of weeds and rank growth from Sunrise Property Care in the

amount of $0.0125 per square foot for mowing an improved lot $0.015 per square foot for vacantproperty less than ½-acre, $0.008 per square foot for vacant property greater than ½-acre, and $0.04 persquare foot for weed control is hereby accepted.

Moved by Thurow, seconded by Ellington and carried that Resolution No.22-40 be approved-9 ayes.

Resolution No. 22-41That the proposal for mowing of the STH 136 median strips from Top 2 Bottom in the amount

of $60.00 per mowing and $30 per hour for additional weed pulling and trimming is hereby acceptedand all other bids are rejected.

Moved by Sloan, seconded by Kent and carried that Resolution No.22-41 be approved-9 ayes.

Resolution No. 22-42THAT the City Clerk be authorized to issue the following Liquor License for the period of June

1, 2022 to November 30, 2022:

6-month Class “B” Fermented Malt BeverageBaraboo Dugout Club, 950 Walnut Street (Pierce Park)

Moved by Ellington, seconded by Wedekind and carried that Resolution No.22-42 beapproved-9 ayes.

COMMITTEE OF THE WHOLEMoved by Petty, seconded by Wedekind to enter Committee of the Whole to discuss an update on theFire Department Project.

Adm. Bradley explained that with the initial design process, they have been touring various Fire & EMSstations. One of the things we have run into with the initial layout of our building is the size of thebuilding at 58,000 sq. ft. By removing training areas, we are now at 55,000 sq. ft. Typically, with astation this size, they start looking at two stations. Verona, the station closest in size at approximately40,000 sq. ft, advised that they wish they had built smaller, and two stations to begin with. Adm.Bradley predicts that at some point in the next 3-5 years we will be looking at adding a substation on the

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east side of town. Based on population, we are right on the verge of two stations. We are not addingany additional equipment, it would be split between the two stations with the same square footage. Atthis time, he is projecting an engine and a tender, which would eliminate one bay at the primary station,and two ambulances at the substation. At the 58,000 sq. ft, we are looking at a project cost of between$16-$17M. The developers believe they could keep it below $20M for two facilities. Our currenthousing study shows that in addition to the current development projects, Redevelopment Resources isprojecting 3,130 total homes over the next 5 years. Based on the average household in Baraboo of 2.3,we are looking at an estimated population increase of 7,000 if the housing demands are met; a 50%increase in population.

Ald. Petty concurs with Adm. Bradley. The expansion on the east side is going to continue to grow andresponse time could become a concern. The facility on the west side will be larger and the main station.He feels is makes sense to build both now with a capitation of $20M for both facilities.

Ald. Sloan questions the satellite station being a pole building rather than a brick building? Adm.Bradley notes that along with the fire apparatus, the satellite station would be staffed with ambulancestaff and therefore would include sleeping quarters and a kitchen.

Ald. Kolb confirms that the $20M does not include a land purchase.

Ald. Hazard recommends that with any land purchase and building design, to plan for expansion.

Chief Stieve noted that if you build a big box station and then estimate another station in 3-5 years, youare going to have part of that big box empty. If you can plan it out between the two stations now, theremight be some scale of economy with a contractor that comes in to build them both.

Ald. Thurow feels that due to the east side expanding, it makes sense given the response time to have astation located there.

Ald. Kent feels there is a redundancy factor to this. If something should happen to one station, we stillhave one available to respond.

Ald. Kolb questioned the urgency to this with site selection of the second station. Adm. Bradleyexplained that some of that data needed to determine the site is already available to us. Ald. Kolb notedthe increase of price to $20M. Where is the additional $5M coming from? Adm. Bradley stated wewould borrow more.

Ald. Ellington questioned if the old facility was an option. Based on staff recommendation, they feelthis is the worst possible location for the second facility.

Ald. Sloan questioned data on the cost of operating two stations. Adm. Bradley does not feel the cost ofoperating will be significantly higher as the square footage will remain the same.

Based on the agreement we have, the City of Baraboo is responsible for the cost of constructing the newstation(s). The operational costs will be shared.

Ald. Sloan questioned where we sit with the budget on one station. Adm. Bradley noted that it wasroughly calculated at $300 per square foot, or north of $16M. For $4M, we won’t have a $5M/$6Mexpense in a few years. They are estimating 35,000 sq ft in the main facility and 12,000 sq ft in thesecond facility.

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Ald. Sloan noted that a study was done regarding the response time from the original desired location.And now three months later we are saying we are not happy with it? Was the study wrong? Adm.Bradley notes that the study did not take into consideration the growth on the east side. Response timehas not yet changed, but it’s going to change.

Ald. Thurow feels we need to be proactive on this; hopefully saving the taxpayers money in the longrun.

Mayor Nelson questions the anticipation that if the growth does happen, that we wouldn’t needadditional apparatus at that time? If we will need to expand either building, why the concern overempty space? Adm. Bradley noted they would not need to add additional equipment until there is evenmore growth.

Ald. Kolb questioned if we should be concerned about jumping into this without a currentComprehensive Plan. Adm. Bradley notes that what we are planning is consistent with what weenvision in that area.

Chief Stieve notes that the planning of response is currently being looked at. Eventually the goal is tohave this service cross trained.

Ald. Sloan is requesting information on what this is going to do for property taxes. Adm. Bradley notesthat because of the over levy, regardless of what option Council decides, the levy is still going to godown.

It is determined that Council would like to view the proposal for both options; two stations vs onelarger station.

Moved by Kolb, seconded by Kent, to rise and report from Committee of the Whole and return toregular session.

ADMINISTRATOR AND COUNCIL COMMENTSAld. Thurow noted that on Saturday at 9:30am Circus World Museum is holding a memorial service andall veterans or active service members get in free with their families.

Ald. Ellington noted a tree planting on Thursday at Badger in memory of the people that died from thecauses of what Badger did.

REPORTS, PETITIONS, AND CORRESPONDENCEThe City officially acknowledges receipt and distribution of the following:

Reports: April, 2022 - Treasurer

Minutes from the Following Meetings:

Baraboo Economic Development Commission Meeting Minutes March 3, 2022I. Call Meeting to Order and Note Compliance with Open Meeting Law

Chair Caflisch called the meeting to order at 5:45 PM at the Baraboo Municipal Building, Council Chambers,101 South Blvd., Baraboo, WI. The meeting was noticed in conformance with Wisconsin State Statuesregarding open meetings.

II. Roll Call of MembershipPresent: Caflisch, Steinhorst, Briggs, Culotta, Johnson, Kent, Koehler, Koenig, Kothbauer, Nelson, Persche

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Absent: VeraOther: Patrick Cannon

III. Approve MinutesMotion to approve the minutes for January 6, 2022Johnson (1); Steinhorst (2)Aye: All via voice voteNay: None

IV. Approve AgendaMotion to approve the agendaJohnson 1); Steinhorst (2)Aye: All via voice voteNay: None

V. PresentationNone

VI. Action Itemsa. Work session with Redevelopment Resources regarding EDA Grant

Kristen Fish- Peterson provided a summary of their work to date. She indicated that they have been conductinginterviews and some face-to-face meetings. The Board also recommended some potential groups that they maycontact. They would like to make additional contacts with seniors and minority groups. She also indicatedthat they have begun the formulation of their report. They have begun drafting a Table of Contents for thereport.

No official action was taken.

VII. Information/Discussion ItemsNone

VIII. AdjournmentMotion to adjourn the meeting was made at 6:51 pm.Kent (1); Steinhorst (2)Aye: All via voice voteNay: None

Administrative Committee April 4, 2022Present: Alderpersons John Ellington, Heather Kierzek, Kathleen ThurowAbsent: None.Also Present: City Clerk Brenda Zeman; Finance Director Julie Ostrander, Police Chief Schauf; City

Administrator Casey Bradley, Mayor Rob NelsonCitizen Present: None.

The meeting was called to order by Chairman John Ellington at 8AM, with roll call and noting compliance with theOpen Meetings Law.

Motion by Kierzek, seconded by Thurow to approve the February 7, 2022 minutes. Motion carried unanimously.

Motion by Kierzek, seconded by Thurow to approve the Agenda. Motion carried unanimously.

Action Items:

a. Review and recommendation to the Common Council for the Temporary Liquor License (aka Picnic

License) for the Baraboo Area Chamber of Commerce Big Top Parade and Circus Celebration, June

25, 2022.

Captain Rob assured the committee the finding on the fencing and licensing were adequate. Nothing

has changed from the 2019 event.

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Motion by Kierzek, seconded by Thurow for recommendation to the Common Council for the

Temporary Liquor License (aka Picnic License) for Baraboo Area Chamber of Commerce Big Top

Parade and Circus Celebration, June 25, 2022.Motion carried unanimously.

b. Review and recommendation to the Common Council for the Liquor License Change of Agent for

Kwik Trip #657 (South Blvd) to Cody Sayles

Captain Rob reported the background checks for priors were all okay.

Motion by Thurow, seconded by Kierzek for recommendation to the Common Council for the Agent for

Kwik Trip #657 (South Blvd) to Cody Sayles.Motion carried unanimously.

Discussion Items:

Informational ItemsThe next meeting will be Wednesday, April 27, 2022 at 8:00AM.

Motion to adjourn by Thurow, seconded by Ellington at 8:15AM and unanimously carried.

Baraboo BID Meeting Minutes 4/20/2022Present:

Members: S. Fay, K. Thurow, T. Sloan, M. Yount, B. McDaniel, T. Sefkar, A. Killgallon, TWickus

Absent:Members: B. Stelling

Other:Seth Taft, Downtown Baraboo Manager

President Fay called the meeting to order at 6:01PMApproval of March 2022 minutes: Sloan/McDaniel, CarriedAdoption of Agenda: Yount/Thurow, Carried

Officer/Committee Reports

President: Fay With current changes to the BID Board, if your appointmentis set to expire, please note that your re-appointment is notguaranteed.

Secretary: Killgallon None

Treasurer: None

Appearances: Wickus – In partnership with DBI, winter banners arescheduled to be switched to spring banners on Friday,4/22/22

– Full pages Ads have been included in both the Devil'sLake Guide, Devil's Lake Park Maps, & TheWisconsin Dells Guide Book

– The new banner near Johnson Insurance has beeninstalled

– Keeping image consistent among ads with femaleimage

Business Development: None

Finance: None

Parking: None

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Promotions: None

Old Business:• None

New Business:• Approval of Vouchers

◦ Vinyl Graphics For You LLC Invoice #1630 for Banner & Installation▪ $323.75

◦ Capital Newspapers for Devils Lake Park Guide▪ $1,550.00

◦ Waterfront Graphic Design Invoice #13336 for Banner and Ad Designs for Baraboo▪ $275.00

◦ Skillet Creek Media Invoice #1540 for Farmers Market Annual Web Hosting▪ $125.00

◦ Nancy Dillman for Baraboo Farmers Market Wordfence Premium License▪ $99.00

◦ Total: $2,372.75.▪ Motion to Approve: Thurow/McDaniel, Carried

• Next Agenda Items◦ Consider Reserves Planning & Spending◦ Approval of Financials◦ Electrical Update

• Member Comments◦ May 7th – Projected 1st Farmers Market, Spring Fair & Prom◦ Weichert Realtors moving from 3rd St. location to building once occupied by Children's Museum◦ Baraboo Popcorn Co. has closed its store front. Building owner reportedly has plans for location◦ Former home of Eclectic Treasures soon to be Nail Salon◦ Mikes Barber Shop is now open at 116 3rd St.◦ Library Ground Breaking Ceremony scheduled Thursday April 28th 12pm

Motion to Adjourn at 6:28PM by Sloan/Yount, carried.

Copies of these meeting minutes are on file in the Clerk’s office: Library………………4-12-2022, 5-10-2022 Bicycle Advisory…………..4-27-2022

Park & Recreation…...3-14-2022, 4-11-2022 CDA………….……………4-5-2022

PFC…………………3-21-2022, 4-18-2022 UW Campus…………..…..4-21-2022

Ambulance……………………….4-4-2022

Petitions & Correspondence Being Referred: Citizen Correspondence regarding ATVRoute System.

ADJOURNMENTMoved by Petty, seconded by Kent, and carried on voice vote, that the meeting adjourn at 8:27pm.

Brenda Zeman, City Clerk

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C A – 1

RES O L UTIO N N O .2022 - D ated : Jun e 14,2022

Th e C ity ofB araboo,W iscon sin

Background:

FiscalN ote: (C h eck on e) [ ]N otRequired [ ]B ud geted Expen d iture [ ]N otB ud getedComments

Resolved , by th e C om m on C oun cil of th e C ity of B araboo, S auk C oun ty,W iscon sin :

THAT the Accounts Payable, in the amount of $ as recommended for payment by theFinance/Personnel Committee, be allowed and ordered paid.

O ffered B y: Consent A pproved by M ayor:M otion :S econ d : C ertified by C ity C lerk:

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S:\Council\Resolutions\2022 Resolutions\6-14-2022 CA-1 Picnic License, Baraboo Theatre Guild.doc

CA-2RESOLUTION NO. 2022- Dated: June 14, 2022

The City of Baraboo, Wisconsin

Background: In order to be in full compliance with State Law, the City amended Chapter12, Intoxicating Liquor and Fermented Malt Beverages. Because of this change, theAdministrative Committee is now required to review all Liquor License applications and makea recommendation to Council.

All Liquor Licenses expire annually on June 30th with the exception of the Picnic License. APicnic License, also known as a Temporary Beer and/or Wine License, is typically issued for aone or two day event.

The Picnic License listed below was reviewed by the Police Department and the City Clerk andwas recommended to Council for approval at the June 7, 2022 Administrative Committeemeeting.

Fiscal Note: (check one) [X ] Not Required [ ] Budgeted Expenditure [ ] NotBudgetedComments:

Resolved, by the Common Council of the City of Baraboo, Sauk County,Wisconsin:

THAT the City Clerk be authorized to issue the following Picnic Licenses:

Baraboo Theatre Guild, BTG’s Big Top Gala, July 23, 2022

Offered by: Administrative Comm. Approved by Mayor: __________________________________Motion:

Second: Certified by Clerk:

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S:\Council\Resolutions\2022 Resolutions\6-14-2022 Library Appts.docx

CA - 3

RESOLUTION NO. 2022 - Dated: June 14, 2022


Background:

Fiscal Note: (Check one) [ x ] Not Required [ ] Budgeted Expenditure [ ] Not BudgetedComments

Resolved, by the Common Council of the City of Baraboo, confirms the Mayor’sappointments as follows:

THAT, Annette Crowder and Misty Muter be appointed to the Carnegie-SchaddeMemorial Public Library Board effective July 1, 2022 and serving until June 30, 2025.

Offered By: Consent Approved by Mayor:Motion:Second: Certified by City Clerk:

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S:\Council\Resolutions\2022 Resolutions\6-14-2022 SeamlessDoc Reso.doc

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BackgroundThe City of Baraboo has been using SeamlessDocs since 2017 for processing online license and permitapplications. This allowed residents to apply for a license and/or permit from home and also streamlined theapproval process internally. Any license and/or permit that is issued through SeamlessDocs is now emaileddirectly to the applicant. Since 2017, we have expanded the use of SeamlessDocs to include employeeevaluations, change notice forms, “Contact the City”, employee reimbursement requests, and capital assetdeletions.

Fiscal Note: (None) [ ] Not Required X Budgeted Expenditure [ ] Not BudgetedComments:

Resolved, by the Common Council of the City of Baraboo, Sauk County, Wisconsin:

That the three-year proposal from SeamlessDocs in the amount of $4,244.62 per year,$12,733.86 total, be approved.

Offered by: Finance/Personnel Comm. Approved:Motion:Second: Attest:

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Baraboo, WI Renewal 2022-2025

Prepared ByBrad OrrCustomer Success ManagerPrepared On5/4/2022

Sent ToCasey BradleyCity Administrator

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Quote Summary Table

QTY PRODUCT STARTDATE

END DATE TERMS(MONTH)

FIRST YEAR ACV TOTAL PRICE

1 Digitize 4/28/2022 4/27/2025 36 $3,492.50 $10,477.50

2 Platform Standard User Licenses 4/28/2022 4/27/2025 36 $0.00 $0.00

999 Number of Forms 4/28/2022 4/27/2025 36 $0.00 $0.00

1 Additional Standard User Licenses 4/28/2022 4/27/2025 36 $550.00 $1,650.00

1 Optimization Fee 4/28/2022 4/27/2025 36 $202.12 $606.36

First Year Total: $4,244.62 Contract Total: $12,733.86

Custom Terms:

• N/A

Standard Terms of Agreement: • This proposal expires on 4/27/2022• By signing this proposal the client agrees to our Terms of Use available at https://kofile.com/govos/studio/

terms-of-use/.

• Each product and service purchased is serviced and maintained as specified in the table above. • Quantity of 999 represents unlimited.• Service Hours and offerings expire 12 Months from the Subscription Start Date specified in the executed

agreement and payable upfront. • If included in the Services Agreement, related Travel and Expenses are to be billed as incurred.

Standard Payment Terms: • Please email all Purchase Orders to [email protected] for prompt processing. • The client agrees to pay all fees specified in each Order. • The invoice(s) will be sent to the Billing Contact via the delivery method as early as two weeks prior to the

invoice date, which is the Subscription Start Date, specified in each Order. • All fees are due upfront, and billed annually with the first annual payment due by the invoice due date (30

days from the Subscription Start Date) specified in each Order, unless specified otherwise. • All fees are exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice.

It is the client's responsibility to provide applicable exemption certificate(s). • 3 - 10% optimization fee may be added annually to the recurring products and services. SeamlessDocs

reserves the right to modify optimization fee in accordance with the Terms of Use.• If a Reseller is used, please ensure 'Coverage Terms' or 'Subscription Dates' are included in each Line Item's

Material Description.

SeamlessDocs Contact Information:• For additional questions or requests regarding your SeamlessDocs' Software or Services, please contact:

• Email: [email protected]• Phone: (855) 777-3265

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https://kofile.com/govos/studio/terms-of-use/

https://kofile.com/govos/studio/terms-of-use/

Contact and Billing Details Primary Contact Name:

Casey Bradley

Org Name:

Baraboo, WI

Primary Contact Email:

[email protected]

Street Address:

101 South Blvd.

Billing Contact Name:

City, State, ZIP:

Baraboo, Wisconsin, 53913

Billing Contact Email:

Invoice Delivery Method:

Email / Electronic

Billing Contact Phone:

Payment Term:

Net 30

PARTNER Signature:

GOVOS Signature:

Full Name:

Full Name:

Brad Orr

Title:

Title:

Customer Success Manager

Date:

Date:

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S:\Council\Resolutions\2022 Resolutions\6-14-22 2022 Street Improvements.doc

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Background: Bids were received on May 26, 2022 for this year’s scheduled StreetImprovement Projects. The following is a tabulation of the bids:

Proposal A: Reconstruction of: Oak Street, between 6th & 8th and between 15th andMadison

Pulverize and Overlay Bascom Hill Dr., Draper St westNew Sidewalk on Mine Rd, Silver Dr., Badger Dr. &

Russell StDean Blum Excavating $489,371.23

Proposal B: Reconstruction of: Elizabeth Street, between 8th and 14th

4th Street, Elizabeth to CampAngle Street, 5th to 6th

Dean Blum Excavating $678,656.12

The Finance Committee reviewed these bids at their June 14th meeting and unanimouslyrecommended award of these two Projects to the respective low bidders.

Fiscal Note: (check one) [ ] Not Required [ x ] Budgeted Expenditure [ ] Not BudgetedComments


That the low bids of:

Dean Blum Excavating in the amount of $489,371.23 for PROPOSAL A: Reconstruction of approx. 650 feet of Oak Street from 6th St to 8th St Reconstruction of approx. 700 feet of Oak Street from 15 Ave to Madison Ave Pulverize and Overlay approx. 1,100 feet of Bascom Hill Drive from Draper St

west. Installation of New Sidewalk at the following locations:

o Mine Road (between Walnut St & Silver Dr.)o Silver Drive (between Mine Rd & Parkside Ave)o Badger Drive (from Hitchcock St to the east)o Russell Street (from Rachael Rd to Lynn Ave)

- And -

Dean Blum Excavating in the amount of $678,656.12 for PROPOSAL B: Reconstruction of approx. 2,250 feet of Elizabeth Street from 8th St to 14th St

Reconstruction of approx. 325 feet of 4th Street from Elizabeth St to Camp St Reconstruction of approx. 450 feet of Angle Street from 5th Ave to 6th Ave

is hereby accepted and that the Mayor and City Clerk are hereby authorized to executethe respective Contracts.

Offered by: Finance Committee Approved by Mayor:Motion:Second: Certified by City Clerk:

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S:\Council\Resolutions\2022 Resolutions\6-14-2022 NBR-3 Liquor License, Los Sombreros Grill Restaurant.doc

NBR-3RESOLUTION NO. 2022 - Dated: June 14, 2022


Background: In order to be in full compliance with State Law, the Administrative Committeeis now required to review all Liquor License applications and make a recommendation toCouncil.

Liquor License applications are reviewed by the Zoning Administrator, the Police Department,the Fire Inspector, and the City Clerk. Publication of the Liquor License application was madein the Baraboo News Republic.

This Liquor License will be valid for one year, July 1, 2022 to June 30, 2023 and wasrecommended to Council for approval at the June 7, 2022 Administrative Committee meeting.

Fiscal Note: (check one) [X ] Not Required [ ] Budgeted Expenditure [ ] Not BudgetedComments:


THAT the City Clerk be authorized to issue the following Liquor Licenses:

Class “B” Fermented Malt Beverage & “Class C” Wine License to Los Sombreros GrillRestaurant LLC, 111 4th Street.

Offered by: Administrative Comm. Approved by Mayor: ___________________________________Motion:Second: Certified by Clerk:

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S:\Council\Resolutions\2022 Resolutions\6-14-2022 NBR-4 Liquor License App Reso.doc

NBR - 4RESOLUTION NO. 2022- Dated: June 7, 2022


Background: In order to be in full compliance with State Law, the City recently amendedChapter 12, Intoxicating Liquor and Fermented Malt Beverages. Because of this change, theAdministrative Committee is now required to review all Liquor License applications and makea recommendation to Council.

The Liquor License applications were reviewed by the Zoning Administrator, the PoliceDepartment, the Fire Inspector, and the City Clerk. Publication of the Liquor Licenseapplications was made in the Baraboo New Republic.

The Liquor Licenses will be valid for one year, July 1, 2022 to June 30, 2023 and wererecommended to Council for approval at the June 7, 2022 Administrative Committee meetings.

Fiscal Note: (check one) [X ] Not Required [ ] Budgeted Expenditure [ ] NotBudgetedComments:


THAT the City Clerk be authorized to issue the following Liquor Licenses:

CLASS "A" FERMENTED MALT BEVERAGECasey’s General Store #1904, 801 S. BoulevardLas Milpas LLC, 603 8th Avenue

CLASS "B" FERMENTED MALT BEVERAGE608 Axe Throwing LLC, 713 Broadway StreetDriftless Glen Distillery, 300 Water StreetSauk County Agricultural Society, 700 Washington

CLASS “A” OFF PREMISE LIQUOR CONSUMPTION/ON PREMISE WINESAMPLESBekah Kate’s, 117 3rd St.

"CLASS A" COMBINATION LIQUOR AND FERMENTED MALT BEVERAGEBarabrew Liquor, 503 South BoulevardPierce’s Express Market, 935 8th St.Get N Go, 325 South Blvd.Kwik Trip #657, 604 8th StreetKwik Trip #855, 1330 South BoulevardTurner BP, 413 State Hwy 136United Cooperative, 516 Ash St.Wal-Mart #1396, 920 Hwy 12

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S:\Council\Resolutions\2022 Resolutions\6-14-2022 NBR-4 Liquor License App Reso.doc

CLASS “B” FERMENTED MALT BEVERAGE AND “CLASS C” WINEAl Ringling Theatre, 136 4th Ave.Ben’s Mama Mia’s, 113 3rd StreetBroadway Diner, 304 Broadway St.Four Star Family Restaurant, 1011 8th St.Ringling House B&B, 201 8th St.The Log Cabin Restaurant and Bakery, 1215 8th St.The Relish Tray Bistro & Speakeasy, 106 4th Ave.

"CLASS B" COMBINATION LIQUOR AND FERMENTED MALT BEVERAGEBaraboo Arts, 202 East St.Baraboo Burger Company, 116 4th Ave.Baraboo Elks Club #688, 401 Oak St.Brothers on Oak, 412 Oak StreetBumps Bar, 109 Walnut St.Downtowner Bar & Grill, 130 3rd St.Fore Seasons Restaurant, 401 Mine RoadGem City Saloon, 124 Ash St.Jose’s Authentic Mexican Restaurant, 825 8th St.Little Village Café, 146 4th Ave.Peking Buffet, 1204 8th St.Poor Richards Bar, 411 Oak St.Quindt’s Towne Lounge Restaurant & Eating House., 441 South Blvd.Square Tavern,124 4th Ave.Thunderbird Lanes, 1117 8th StreetZach’s Bar, 126 4th Street

"CLASS B" RESERVE COMBINATION LIQUOR AND FERMENTED MALTBEVERAGEAl Ringling Brewing Co., 623 BroadwayCon Amici, 126 3rd StLas Milpas, 603 8th Ave, Suite A

“CLASS B” WINE ONLYVon Klaus Winery, 133 Third Ave.

“CLASS B” WINE ONLY AND CLASS “B” FERMENTED MALT BEVERAGEBalanced Rock Winery, 1065 Walnut Street

CLASS “C” WINEBekah Kate’s , 117 3rd St.

Offered by: Administrative Comm. Approved by Mayor:_____________________Motion:Second: Certified by Clerk:

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NBR - 5



Background: The City has been working with developer(s) to develop the river front area into amix of uses including the creation of a new park, expansion of the river walk trail system, clean upand restoration of the riverbank area to help facilitate the construction of new commercial andresidential developments in and around this area. Please see attached map of proposed project. Thepurchase of 103 and 105 Walnut are necessary to facilitate the relocation of the alley way andcreation of the river walk trail on the east side of Walnut Street.

Fiscal Note: (Check one) [ ] Not Required [X] Budgeted Expenditure [X] Not BudgetedComments: The purchase price and the costs associated with constructing the road and path have beenincluded in the bond issuance that was approved May 24, 2022. Ultimately these costs will be coveredthrough the new TID increment created in TID 10.


WHEREAS, the Common Council desire to take the steps necessary to create a park asproposed on the Baraboo River between Vine and Walnut Streets,

WHEREAS, this area has several areas that are remnants of the Alliant Eastcontamination site and need to be mitigated for suitable public use,

WHEREAS, clean-up of these sites and creation of a park in this area will allow forresidential and commercial development in the area,

WHEREAS, the acquisition of 103 and 105 Walnut is a critical first step in starting thisprocess,

NOW, THEREFORE BE IT RESOLVED, the City Administrator is hereby authorized toenter into a purchase agreement with the owner and take the steps necessary to close on theproperty for $200,000.

BE IT FURTHER RESOLVED, the City Administrator and City Engineer are herebyauthorized to proceed with the steps necessary to facilitate removal of the properties andthe relocation of the alley and creation of the river walk bike path as purposed, within thefunds allocated in the May 24, 2022 bond authorization.

Offered By: Finance Committee Approved:Motion:Second: Certified:

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Riverwalk

Riverwalk

Riverwalk

Bioswale

Bioswale

Playground

PicnicShelter

Alley Access

Alley Access

Substation

Wall Art

OpenPublicPlaza

Pedestrian

Bridge

OpenOverlook

ADA Ramped Walk

Stabilization

Area

Streambank

Memorial Bench Sites

BirchSt

Birc

hSt

1st Ave

BroadwayStStatz Park

Baraboo PostOffice

DonahueTerrace

RiverviewTower

Pemberton &Englund Law

Offices

Baraboo River

South

Blvd

BroadwaySt

St. Vincent dePaul Thrift

Store

Baraboo River

123

1st Ave OakSt

1st St

Water St Water St

SBroadwaySt

Kiwanis Park

GreenhalghLegal Services

R & M AutoBody

BroadwayDiner

Sylver Salon

Don-RickInsurance

Baraboo StateBank Drive-Up

Barab

ooRiv

er

VineSt

Qua

rrySt

Baraboo CityHall & Police

Station

NAPA AutoParts

1st St 1st St

AshSt

AshSt

Water St Water St

Blue ForceCollectibles

Gem City

Bella Vita Cafe

Baraboo CivicCenter

Sun Shaders

Baraboo River

WalnutSt

AshSt

RiversideRentals

EastSt

Water St

Baraboo Arts

St. JosephCatholic Parish

School

St JosephCatholicChurch

Driftless GlenDistillery

Baraboo Riverfront Park Preliminary Concept Plan

Esri Community Maps Contributors, County of Sauk, ©OpenStreetMap, Microsoft, Esri Canada, Esri, HERE, Garmin,SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS,US Census Bureau, USDA, Sauk County, Maxar, Microsoft

3/22/2022, 12:03:51 PM0 210 420105 ft

0 60 12030 m

1:2,257

Mike Hardy, CPRPSauk County, Maxar, Microsoft | Esri Community Maps Contributors, County of Sauk, © OpenStreetMap, Microsoft, Esri Canada, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA |

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NBR - 6



Background: With the $160,000 we received for the Private Lead Service Replacement Program,an estimated forty (40) services could be updated. Due to the higher number of possible replacements,the Utility plans to complete fifteen (15) services and then hire an engineering firm to create thespecifications/bidding documents, advertising publication and also manage the project so that allitems/details required by the DNR are satisfied. The engineering costs are not eligible for grantreimbursement; consequently, the Utility will use excess funds from the Hwy A Tower Rehabilitationproject to cover the expenditure. MSA Professional Services quoted $11,500. The third companysolicited for a quote did not respond.This item was not budgeted since the DNR grant award had not been determined at that time. Weplan to use surplus funds that were budgeted for the Hwy A tower rehabilitation project.

Fiscal Note: ( one) [] Not Required [] Budgeted Expenditure [X ] Not BudgetedComments:


To approve the Professional Services Agreement with SEH, Inc. for the Lead Service Line Replacementproject. The fee is based on an hourly rate, not to exceed $9,800.

Offered by: Public Safety Approved:Motion:Second: Attest:

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S:\Council\Resolutions\2022 Resolutions\6-14-2022 NBR-7 Line of Credit Draw Request Reso.docx

NBR - 7



Background Whereas the City Council approved a line of credit be established with theBaraboo State Bank as a $5,000,000 Note Anticipation Note dated April 28, 2022 for the TID#12 interim financing for public purposes, including financing water, sewer and streetimprovement projects. This loan has a year maturity term at 2.15%. The borrowed money maybe used only for the purposes for which it was borrowed.

Whereas a stipulation to this loan, Baraboo State Bank requires an approved Council resolutionindicating the amount for each draw.

Note: ( one) [ ] Not Required [ ] Budgeted Expenditure [ ] Not BudgetedComments:


That the City resolves to draw $952,406.66 from the line of credit with the Baraboo State Bankon Wednesday June 15th, 2022.

Offered by: Finance/Personnel Approved by Mayor:Motion:Second:

Certified by City Clerk:

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TIF #12

Project Total

LOC - Draw #1 LOC - Draw #2 LOC - Draw #3 ARPA - Draw #1 ARPA - Draw #2 Grand Total

Admin & Legal Capital Newspapers 618.28 80.75 0.00 0.00 0.00 699.03

Ehlers 15,500.00 0.00 0.00 0.00 0.00 15,500.00

Wis Dept of Revenue 0.00 1,150.00 0.00 0.00 0.00 1,150.00

Boardman & Clark 469.41 1,144.00 0.00 0.00 0.00 1,613.41

VonBriesen & Roper 5,253.70 17,911.30 2,331.00 0.00 0.00 25,496.00

City Staff Wages 0.00 2,114.00 0.00 0.00 0.00 2,114.00

Quarles & Brady 0.00 0.00 11,880.00 0.00 0.00 11,880.00

Redevelopment Resources-Housing Study 0.00 0.00 2,083.34 0.00 0.00 2,083.34

Admin & Legal Total 21,841.39 22,400.05 16,294.34 0.00 0.00 60,535.78

Jackson Farm Register of Deeds 30.00 0.00 0.00 0.00 0.00 30.00

TMC Improvements 862.36 0.00 0.00 0.00 0.00 862.36

Beaver Services 22,400.00 0.00 0.00 0.00 0.00 22,400.00

Grothman & Associates 2,905.00 0.00 0.00 0.00 0.00 2,905.00

MSA Professional Services 1,962.25 0.00 0.00 0.00 0.00 1,962.25

CTW Corporation 0.00 1,862.00 0.00 0.00 0.00 1,862.00

Jackson Farm Total 28,159.61 1,862.00 0.00 0.00 0.00 30,021.61

Stormwater Imp MSA - Wetland 0.00 0.00 0.00 7,853.04 0.00 7,853.04

CGC 0.00 0.00 0.00 1,349.96 0.00 1,349.96

MSA - Design 0.00 0.00 6,814.26 8,517.40 24,943.00 40,274.66

Core & Main 0.00 0.00 720.00 0.00 0.00 720.00

County Materials 0.00 0.00 77,206.00 0.00 170,626.74 247,832.74

A-1 Excavating 0.00 173,318.40 364,001.80 0.00 62,078.30 599,398.50

Stormwater Imp Total 0.00 173,318.40 448,742.06 17,720.40 257,648.04 897,428.90

Dentention Pond A-1 Excavating 0.00 165,727.22 8,722.48 0.00 0.00 174,449.70

Dentention Pond Total 0.00 165,727.22 8,722.48 0.00 0.00 174,449.70

Sewer Imp MSA - Design 0.00 0.00 6,814.26 8,517.39 24,943.01 40,274.66

MSA - Sanitary Sewer Imp 0.00 0.00 0.00 1,208.15 0.00 1,208.15

Ferguson - Materials 0.00 0.00 0.00 30,271.80 0.00 30,271.80

Core & Main 0.00 0.00 348.32 684.81 47,049.80 48,082.93

James Peterson Sons 0.00 0.00 0.00 261,141.70 0.00 261,141.70

A-1 Excavating 0.00 111,120.55 120,873.45 0.00 0.00 231,994.00

Sewer Imp Total 0.00 111,120.55 128,036.03 301,823.85 71,992.81 612,973.24

Water Imp MSA - Design 0.00 0.00 6,814.26 8,517.39 24,943.00 40,274.65

Ferguson - Materials 0.00 0.00 0.00 102,738.95 0.00 102,738.95

MSA - Water Imp 0.00 0.00 0.00 1,208.15 0.00 1,208.15

Menards 0.00 0.00 0.00 110.16 0.00 110.16

J & J Underground 0.00 0.00 0.00 37,239.50 0.00 37,239.50

Core & Main 0.00 0.00 82,004.00 2,123.75 173,934.00 258,061.75

A-1 Excavating 0.00 116,460.50 99,854.50 0.00 0.00 216,315.00

Water Imp Total 0.00 116,460.50 188,672.76 151,937.90 198,877.00 655,948.16

Roadway Imp Milestone Materials 0.00 2,835.55 0.00 0.00 0.00 2,835.55

MSA - Design 0.00 33,460.42 6,814.26 0.00 0.00 40,274.68

Pelton Builders 0.00 51,406.39 0.00 0.00 0.00 51,406.39

A-1 Excavating 0.00 98,086.55 155,049.73 0.00 0.00 253,136.28

Roadway Imp Total 0.00 185,788.91 161,863.99 0.00 0.00 347,652.90

Debt Service Interest on Advance 0.00 401.62 0.00 0.00 0.00 401.62

Debt Service Total 0.00 401.62 0.00 0.00 0.00 401.62

Parks and Trails MSA Professional Services 0.00 0.00 75.00 0.00 0.00 75.00

Parks and Trails Total 0.00 0.00 75.00 0.00 0.00 75.00Grand Total 50,001.00 777,079.25 952,406.66 471,482.15 528,517.85 2,779,486.91

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S:\Council\Resolutions\2022 Resolutions\6-14-2022 Title VI Plan&Safety Policies.doc

NBR - 8

RESOLUTION NO. 2022 Dated: June 14, 2022


Background: The State Department of Transportation advised that the City’s Title VI taxiplan was in need of updating. They provided a template which we used to create the attachedrevised plan. The State has already seen this revised plan and given their approval. The planneeds to be adopted by the City Council before filing it with the State.

The revised plan creates a policy that outlines how a person can make an ADA complaint, whowill investigate it and how their complaint will reach a resolution. The plan further creates alanguage assistance plan to for how the taxi service will serve people who are limited Englishspeaking.

The State Department of Transportation also advised that the City create and adopt a SafetyManagement Policy.

Note: ( one) [ x] Not Required [ ] Budgeted Expenditure [ ] Not BudgetedComments:


THAT the Safety Management Policy and the revised Title VI Plan are adopted.

Offered by: Finance/Personnel Approved by Mayor:Motion:Second: Certified by City Clerk:

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SAFETY MANAGEMENT POLICY

MAP-21 and Safety Management Systems (SMS) Moving Ahead for Progress in the 21st Century (MAP-21) granted the Federal Transit Administration (FTA) the authority to establish and enforce a comprehensive framework to oversee the safety of public transportation throughout the United States. MAP-21 expanded the regulatory authority of FTA to oversee safety, providing an opportunity for FTA to assist transit agencies in moving towards a more holistic, performance-based approach in Safety Management Systems (SMS). To ensure transit safety and in order to comply with Federal Transit Administration (FTA) requirements, Abby Vans has developed and adopted this Safety Management Policy to address FTA regulations established by Section 5329(d) of the Moving Ahead for Progress in the 21st Century (MAP-21) Act signed into law by President Barack Obama on July 6, 2012. Abby Vans is committed to Safety Management Systems (SMS) as a systematic and comprehensive approach to identifying safety hazards and risks associated with transit system operations and related maintenance activities. Abby Vans has adopted a Safety Management Systems (SMS) framework as an explicit element of the agency’s responsibility by establishing a safety policy; identifying hazards and controlling risks; goal setting, planning and measuring performance. Furthermore, Abby Vans has adopted SMS as means by which to foster agency-wide support for transit safety by establishing a culture where management is held accountable for safety and everyone in the organization takes an active role in securing transit safety. Safety Beliefs

1. Safety is a core business value; 2. Safety excellence is a key component of our mission; 3. Safety is a source of our competitive advantage; our business will be strengthened by making safety excellence an integral part of all our

public transportation activities; and 4. Accidents and serious incidents are preventable and do not occur out of the blue; they are preceded by precursors (events, behaviors, and

conditions) that can be identified, assessed and mitigated through physical, administrative and behavioral defense strategies. Safety Culture Abby Vans believes safety promotion is critical to the success of SMS by ensuring that the entire organization fully understands and trusts the SMS policies, procedures, and structure. It involves establishing a culture that recognizes safety as a core value, training employees in safety principles, and allowing open communications of safety issues. Positive safety culture must be generated from the top-down. The actions, attitudes, and decisions at the policy-making level must demonstrate a genuine commitment to safety. Safety must be recognized as the responsibility of each employee with the ultimate responsibility for safety resting with the CEO of Abby Vans. Employees must trust that they will have management support for decisions made in the interest of safety while recognizing that intentional breaches of safety will not be tolerated. Safety Reporting Abby Vans is committed to the safest transit operating standards possible. To achieve this, it is imperative that Abby Vans has uninhibited reporting of all incidents and occurrences which may compromise the safe conduct of our operations. To this end, every employee and contract service provider is responsible for the communication of any information that may affect the integrity of transit safety. Such communication must be completely free of any form of reprisal.

___________________________________ _____________ ___________________________________ _____________

Mark R. Jones, President Date Julie Ostrander Date Abby Vans Inc. Baraboo Transit

___________________________________ _____________

City Council Date Baraboo

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Page 1 of 23

City of Baraboo

Title VI Nondiscrimination Plan

March 2022 - This sample template is provided for the purposes of guidance only.

Revised on: (insert date)

Adopted by:

Baraboo City Council

Original Title VI Plan

Adopted on: May 10, 2014

This plan is hereby adopted and signed by:

City of Baraboo

Executive Name/Title:

Executive Signature:

As a recipient of USDOT Federal Transit Administration (FTA) funding, per FTA Circular 4702.1B the City of

Baraboo is required to prepare a Title VI Nondiscrimination Plan including the following elements:

➢ Evidence of Policy Approval

➢ Policy Statement, Log of Policy Updates, Contact Information/Program Administration

➢ Notice of Nondiscrimination (Appendix 1)

➢ Complaint Procedure (Appendix 2)

➢ Complaint Form (Appendix 3)

➢ Recording and Reporting Civil Rights Investigations, Complaints and, and Lawsuits (Appendix 4)

➢ Public Involvement Plan (Appendix 5)

➢ Limited English Proficiency (LEP) Plan (Appendix 6)

➢ Demographic Representation Information (Appendix 7)

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https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/FTA_Title_VI_FINAL.pdf

Page 2 of 23

Policy Statement

The City of Baraboo is committed to ensuring that no person is excluded from, participation in, denied the

benefits of, or otherwise subjected to discrimination on the basis of race, color, national origin, disability, sex,

age, religion, income status or limited English proficiency (LEP) in any and all programs, activities or services

administered by the City of Baraboo in accordance with Title VI of the Civil Rights Act of 19641 and related

nondiscrimination authorities.

The City of Baraboo receives federal financial assistance to provide shared-ride transportation service in the City of Baraboo. They also receive federal financial assistance to purchase the following operating vehicles: #716 – 2015 Dodge Caravan #717 – 2015 Dodge Caravan #718 – 2017 Dodge Caravan, #719 – 2019 Dodge Caravan #720 – 2020 Chrysler Pacifica #721 – 2020 Dodge Caravan #722 – 2020 Dodge Caravan #723 – 2020 Dodge Caravan Information on the city’s transportation services is available at: https://www.cityofbaraboo.com

Policy Updates – Activity Log

The City of Baraboo will review its policy on an annual basis to determine if modifications are necessary. The table below outlines the Title VI Plan reviews/revisions made by the City of Baraboo. The City of Baraboo will discuss Title VI Nondiscrimination Plan requirements with its third-party transit

provider/contractor on an annual basis to ensure compliance with Title VI Nondiscrimination

requirements.

Date Activity

(Review/Update/Addendum/ Adoption/Distribution)

Person

Responsible

Notes

March 24, 2022 Update Title VI Plan per WisDOT requirement. Revisions included updated Complaint Form, updated LEP Plan and Minority Representation Information with current US Census data

Julie Ostrander

October 13, 2017 Update Title VI Plan per WisDOT requirement Julie Ostrander

May 13, 2014 Develop Title VI Plan Julie Ostrander

1 Title VI of the Civil Rights Act of 1964 states “No person in the United Sates shall, on the grounds of race, color or national

origin, be excluded from, participation in, denied the benefits of, or be subjected to discrimination under any program or

activity receiving Federal financial assistance.” – Title 42 USC Section 2000d

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https://www.cityofbaraboo.com/

https://www.justice.gov/crt/fcs/TitleVI-Overview

Page 3 of 23

Contact Information/Program Administration

Chief Executive The City of Baraboo’s Chief Executive will ensure compliance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) and the U.S. Department of Transportation implementing regulations.

Name: Rob Nelson, Mayor

Email: [email protected]

Phone: 608-355-7327

Civil Rights Coordinator The City of Baraboo’s Civil Rights Coordinator ensures Title VI/Nondiscrimination and LEP compliance in accordance with the City of Baraboo’s federally funded transportation activities. The Civil Rights Coordinator has other duties and responsibilities in addition to Title VI/Nondiscrimination and LEP compliance. This position has a direct reporting relationship and access to the City of Baraboo’s Chief Executive.

Name: Julie Ostrander

Email: [email protected]

Phone: 608-355-7338

The Civil Rights Coordinator is responsible for initiating, monitoring, and ensuring compliance of the City

of Baraboo’s nondiscrimination requirements, including the following activities:

✓ Program Administration

o Ensure compliance with federal Title VI/Nondiscrimination and LEP requirements

o Develop and implement the City of Baraboo’s Title VI/Nondiscrimination and LEP Plan

o Update and maintain Title VI/Nondiscrimination and LEP program policies and procedures

✓ Complaints

o Review, track, investigate and close Title VI/Nondiscrimination and LEP complaints

✓ Employee Training

o Educate staff on Title VI/Nondiscrimination and LEP requirements and procedures

✓ Reporting

o Prepare and submit Title VI/Nondiscrimination reports per state and federal regulations

✓ Public Dissemination

o Notify the public of the City of Baraboo’s Nondiscrimination requirements via the City of

Baraboo’s public area, on its website, in vehicles, etc.

✓ Oversight

o Ensure contractors and lessees adhere to Title VI/Nondiscrimination and LEP requirements

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mailto:[email protected]


Page 4 of 23

Notice of Nondiscrimination

FTA Title VI Circular 4702.1B requires the City of Baraboo as a recipient of federal financial assistance to

notify the public of its obligations under U.S. DOT Title VI regulations and the protections against

discrimination afforded to them by Title VI.

Title VI regulations require the City of Baraboo to inform the public of their rights under Title VI by posting a Notice of Nondiscrimination. The Notice of Nondiscrimination should be posted in the following locations: agency website, public areas of the agency office, and as applicable, inside vehicles, rider guides/schedules, and transit shelters/facilities. The public notice must include a statement of nondiscrimination, information on how to request additional information about the agency’s Title VI obligations, including information on how to file a complaint, the location of the complaint form, etc., and information on how to request Title VI information in another language.

City of Baraboo’s Notice of Nondiscrimination is provided in the following locations:

✓ Agency website https://www.cityofbaraboo.com

✓ Agency office – City of Baraboo - Finance Director’s Office

On English versions of the Notice of Nondiscrimination, a sentence is included in Spanish to contact the

City of Baraboo at 608-355-2700 if additional information is needed in another language.

To view a copy of the City of Baraboo’s Notice of Nondiscrimination, please see Appendix 1.

Complaint Procedure and Complaint Form

The City of Baraboo, as a recipient of federal financial assistance must develop a procedure for

investigating, tracking, and resolving Title VI/Nondiscrimination and LEP complaints and make the

procedures available to the public upon request.

Any person, group or firm that believes they’ve been discriminated against on the basis of race, color,

national origin, disability, sex, age, religion, income status or limited English proficiency (LEP) by the City

of Baraboo may file a civil rights complaint.

Scope of Civil Rights Complaints

The scope of civil rights complaints covers all internal and external the City of Baraboo activities.

Adverse impacts resulting in civil rights complaints can arise from many sources including the delivery of

programs and services, or advertising, bidding and contracts.

Complaints can originate as a result of project and program impacts on individuals or groups. Examples

include social and economic impacts such as access to programs, activities and services, failure to

maintain facilities and vehicles, traffic, noise, air quality, and accidents.

Complaints can also originate from individuals or firms alleging inability to bid upon or obtain a contract

with the City of Baraboo for the furnishing of goods and services. Examples include advertising for bid

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Page 5 of 23

proposals; prequalification or qualification requirements; bid awards; selection of contractors,

subcontractors, material and equipment suppliers, lessors, vendors, consultants, etc.

The City of Baraboo’s complaint procedure is shown in Appendix 2 and made available in the following

locations:

✓ Agency website, either as a reference in the Notice of Nondiscrimination or in its entirety

✓ Agency office City of Baraboo – Finance Director’s Office

A copy of the City of Baraboo’s Complaint Form is shown in Appendix 3.

Civil Rights Investigations

Recipients of federal financial assistance are required to maintain a list of any complaints alleging

discrimination. The list shall include the date the civil rights complaint, investigation, or lawsuit was

filed, a summary of the allegation(s), the status of the complaint, investigation, or lawsuit, actions taken

by the recipient in response, and final findings related to the complaint, investigation, or lawsuit.

Appendix 4 is the City of Baraboo’s procedure and tracking mechanism to investigate, track and

resolve complaints.

Since the last update of this Title VI Nondiscrimination Plan, there has been no

transportation related civil rights investigations, complaints, or lawsuits filed with the

City of Baraboo.

Public Involvement Plan

Recipients of federal financial assistance are required to develop a public involvement plan that includes

outreach strategies and participation techniques to engage the public including minority, low-income,

and limited English proficient (LEP) populations, as well as a summary of outreach efforts made since the

last Title VI Nondiscrimination Plan.

While traditional means of seeking public involvement may not reach all individuals, or might not allow

for meaningful avenues of input, the intent of this effort is to take reasonable actions to provide

opportunities for historically under-served populations to participate in transportation decision making

efforts.

A copy of the City of Baraboo’s Public Involvement Plan is shown in Appendix 5.

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Page 6 of 23

Limited English Proficiency (LEP) Plan

As a recipient of federal USDOT funding, the City of Baraboo is required under Title VI of the Civil Rights

Act of 1964 and Executive Order 13166 to develop and implement a plan to ensure accessibility to its

programs and services for persons who are not proficient in the English Language.

A copy of the City of Baraboo’s Limited English Proficiency (LEP) Plan is shown in Appendix 6. The LEP plan outlines the policies and procedures the City of Baraboo will use to address the needs of

persons with limited English proficiency (LEP) that wish to participate in the City of Baraboo programs

and services.

Demographic Representation Information

The City of Baraboo understands that diverse representation on boards, councils, and committees help

results in sound policy reflective of the needs of the entire population. FTA Title VI Circular 4702.1B

requires recipients which have transportation-related, non-elected boards, advisory council or

committees, or similar bodies, to report membership of these committees broken down by race and

include a description of efforts made to encourage the participation of minorities on these committees.

A copy of the City of Baraboo’s Minority Representation Information is shown in Appendix 7.

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https://www.justice.gov/crt/fcs/TitleVI


https://www.justice.gov/crt/executive-order-13166


Page 7 of 23

Appendix 1

Title VI - Notice of Nondiscrimination to the Public

The City of Baraboo’s Notice of Nondiscrimination is as follows:

Notice of Nondiscrimination

City of Baraboo

✓ The City of Baraboo is committed to ensuring that no person is excluded from, participation in, denied the benefits of, or otherwise subjected to discrimination on the basis of race, color, national origin, disability, sex, age, religion, income status or limited English proficiency (LEP) in any and all programs, activities or services administered by the City of Baraboo in accordance with Title VI of the Civil Rights Act of 1964 and related nondiscrimination authorities.

✓ Any person who believes they’ve been aggrieved by any unlawful discriminatory practice may file a complaint with the City of Baraboo.

✓ For more information on the City of Baraboo’s civil rights program, and the procedures to

file a complaint, contact Julie Ostrander at 608-355-7338 (for hearing impaired, please use

Wisconsin Relay 711 service); email [email protected] or visit our

administrative office at 101 South Boulevard, Baraboo, WI 53913. For more information, visit

https://www.cityofbaraboo.com

✓ A complainant may file a complaint directly with the Federal Transit Administration by filing a complaint with the Office of Civil Rights, Attention: Title VI Program Coordinator, East Building, 5th Floor-TCR, 1200 New Jersey Ave., SE Washington, DC, 20590.

✓ If information is needed in another language, contact 608-355-7338.

Si se necesita informacion en otro idioma de contacto, 608-355-7338.

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Page 8 of 23

Appendix 2 Complaint Procedure

The City of Baraboo’s Complaint Procedure is made available in the following locations:

✓ Agency website, either as a reference in the Notice of Nondiscrimination or in its entirety ✓ Agency office City of Baraboo - Finance Director’s Office

Any person who believes they’ve been discriminated against on the basis of race, color, national origin, disability, sex, age, religion, income status or limited English proficient (LEP) by the City of Baraboo may file a complaint by completing and submitting the City of Baraboo’s Complaint Form.

The Complaint Form may also be used to submit general complaints to the City of Baraboo

The City of Baraboo investigates complaints received no more than 180 calendar days after the alleged incident. The City of Baraboo will process complaints that are complete.

Once the complaint is received, the City of Baraboo will review the complaint and work to resolve the complaint informally, if possible.

If the complaint warrants a formal civil rights complaint process, the City of Baraboo will follow the steps listed in this complaint procedure. The City of Baraboo may also use this formal procedure to address general complaints. If the City of Baraboo determines it has jurisdiction the complainant will receive an acknowledgement letter stating the complaint will be investigated by the City of Baraboo as a civil rights complaint.

The City of Baraboo has 30 business days to investigate the civil rights complaint. If more information is needed to resolve the case, the City of Baraboo may contact the complainant.

The complainant has 10 business days from the date of the letter to send requested information to the investigator assigned to the case.

If the investigator is not contacted by the complainant or does not receive the additional information within 10 business days, the City of Baraboo can administratively close the case. A case can be administratively closed also if the complainant no longer wishes to pursue their case.

After the investigator reviews the complaint, one of two (2) letters will be issued to the complainant: a closure letter or a letter of finding (LOF).

✓ A closure letter summarizes the allegations and states that there was not a Title VI violation and that the case will be closed.

✓ A letter of finding (LOF) summarizes the allegations and the interviews regarding the alleged incident, and explains whether any disciplinary action, additional training of the staff member, or other action will occur.

If the complainant wishes to appeal the decision, the complainant has 30 business days after the date of the letter or the LOF to do so.

A person may also file a complaint directly with the Federal Transit Administration, at FTA Office of Civil Rights, 1200 New Jersey Avenue SE, Washington, DC 20590.

If information is needed in another language, then contact 608-355-7338. Si se necesita informacion en otro idioma de contacto, 608-355-7338.

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Page 9 of 23

Appendix 3

Complaint/Comment Form

The City of Baraboo is committed to providing you with safe and reliable transportation services and we want your feedback. Please use this form for suggestions, compliments, and complaints.

Please submit this form electronically at [email protected] or in person at the

address below.

City of Baraboo 101 South Boulevard Baraboo, WI 53913

You may also call us at 608-355-7338. Please make sure to provide your contact information in order to receive a response.

Section A: Accessible Format Requirements

Please check the preferred format for this document

☐ Large Print ☐ TDD or Relay ☐ Audio Recording

☐ Other (if selected please state what type of format you need in the box below)

Click or tap here to enter text.

Section B: Contact Information

Name Click or tap here to enter text. Telephone Number (including area code) Click or tap here to enter text.

Address Click or tap here to enter text. City Click or tap here to enter text.

State Click or tap here to enter text. Zip Code Click or tap here to enter text.

Email Address Click or tap here to enter text.

Are you filing this complaint on your own behalf? ☐ Yes ☐ No

If no, please provide the name and relationship of the person for whom you are complaining and why you are completing the form on their behalf in the box below.


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Page 10 of 23

Section C: Type of Comment

What type of comment are you providing? Please check which category best applies.

☐ Complaint ☐ Suggestion ☐ Compliment ☐ Other

Which of the following describes the nature of the comment? Please check one or more of the check boxes.

☐ Race ☐ Color ☐ National Origin ☐ Religion

☐ Age ☐ Sex ☐ Service ☐ Income Status

☐ Limited English Proficient (L.E.P) ☐ Americans with Disability Act (A.D.A)

Section D: Comment Details

Please answer the questions below regarding your comment

Did the incident occur on the following type of service? Please check any box that may apply.

☐ Paratransit ☐ Shared Ride Taxi

☐ Bus

What was the date of the occurrence? Click to add date in the following format: Day, month, year

What was the time of the occurrence? Click to add the time

What is the name or identification of the employee or employees involved?


What is the name or identification of others involved, if applicable?


What was the number or name of the route you were on, if applicable?


What was the direction or destination you were headed to when the incident occurred, if applicable?


Where was the location of the occurrence? Click or tap here to enter text.

Was the use of a mobility aid involved in the incident?

☐ Yes ☐ No

Please confirm that you have obtained the permission of the aggrieved party if you are filing on behalf of a third party.

☐ Yes ☐ No

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Page 11 of 23

Please add any additional descriptive details about the incident.


In the box below, please explain as clearly as possible what happened and why you believe you were discriminated against.


Section E: Follow-up

May we contact you if we need more details or information? ☐ Yes ☐ No

If yes, how would you best liked to be reached? Please select your preferred form of contact below

☐ Phone ☐ Email ☐ Mail

If you would prefer to be contacted by phone, please list the best day and time to reach you.

Click here to add your preferred time Click here to add your preferred day

Section F: Desired Outcome

Please list below, what steps you would like taken to address the conflict or problem.


If applicable, please list below all additional agencies you have filed this complaint with such as Federal, State, Local agencies, or with any Federal or State Court. Please include the contact information to where the complaint was sent.


Section G: Signature

Please attach any documents you have which support the allegation. Then date and sign this form and send it to the City of Baraboo.

Name Click or tap here to enter text. Date: Click to add date in the following format: Day, month, year

Signature Click or tap here to enter text.

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Page 12 of 23

Appendix 4

List of Complaints, Investigations and Lawsuits2

The City of Baraboo maintains a log to track and resolve transit related complaints, investigations, and

lawsuits.

Check One:

X

Since the last update of this Title VI Nondiscrimination Plan, there has been no transportation related civil rights investigations, complaints, or lawsuits filed with the City of Baraboo

There have been investigations, complaints and/or lawsuits filed against us. See list below. Attach additional information as needed.

Type

Complaint Investigation

Lawsuit

Date

(Month, Day, Year)

Complainant’s Name/Address

Basis of

Complaint3

Summary Complaint

Description

Status

Action Taken/ Final Outcome

if Resolved

2 Lawsuit: The protected class under Title II is disability. The protected classes under Title VI are Race, Color

and Nation Origin.

3 Basis of Complaint: Specify Race, Color, National Origin, Disability, Religion, Sex, Age, Service, Income

Status, Limited English Proficient (LEP), Safety, Other

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Page 13 of 23

Appendix 5

Public Involvement Plan

The purpose of the Public Involvement Plan is to establish procedures that allow for, encourage, and

monitor participation of all citizens within the City of Baraboo service area including but not limited to

low income and minority individuals, and those with limited English proficiency (LEP).

While traditional means of soliciting public involvement may not reach such individuals, or might not

allow for meaningful avenues of input, the intent of this effort is to take reasonable actions to provide

opportunities for historically under-served populations to participate in transportation decision making

efforts.

Goal

The goal of public involvement is to offer real opportunities for the engagement of all citizens within the City of Baraboo service area to participate in the development of plans, programs, and services.

Strategies

In order to promote inclusive public participation, the City of Baraboo uses the following strategies, as appropriate.

o Coordination and Consultation o Coordinate and consult with partners, stakeholders, program participants and their

caregivers, and the public affected by the distribution of state and federal transit grant programs.

o Seek guidance and input from WisDOT on public involvement mechanisms and strategies.

o Maintain an electronic distribution list of all potential program participants, partners, stakeholders, etc.

o Accessibility and Information o Meetings

▪ Adhere to state and federal public hearing requirements

▪ Provide a general notification of meetings, particularly forums for public input,

in a manner that is understandable to all populations in the area.

▪ Hold meetings in locations which are accessible and reasonably welcoming to all

area residents including, but not limited to, low-income and minority members

of the public.

▪ Employ different meeting sizes and formats

▪ Provide avenues for two-way flow of information and input from populations

which are not likely to attend meetings.

o Make public information available in electronically accessible formats

o Use social media in addition to other resources to gain public involvement

o Use radio, television or newspaper ads on stations and in publications that serve LEP

populations. Outreach to LEP populations may also include audio programming available

on podcasts.

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Page 14 of 23

o Expand traditional outreach methods by visiting ethnic stores/markets and restaurants,

community centers, libraries, faith-based institutions, local festivals, etc.

o Timeliness o Provide timely information about state and federal grant programs to affected program

participants, the public, partner agencies, and other interested parties.

o Provide adequate notice of public involvement activities and time for public review and comment.

o Public Comment o Work openly and diligently to incorporate public comments received and to notify

respondents of final plans, reports, programs, etc. o Provide for early, frequent and continuous engagement by the public

o Social/Environmental Justice o Seek and consider the needs of those traditionally underserved by participating in

outreach efforts that address the needs of minority persons, the elderly, persons with disabilities, limited English Proficient individuals, and low-income households.

o Determine what non-English languages and other cultural barriers exist to public

participation within the City of Baraboo service area.

o Training o Participate in training to continuously improve the knowledge and understanding of civil

rights and environmental justice principles.

o Evaluation o Document and maintain records of public outreach efforts. o Review the effectiveness of public participation activities. o Seek news ways to providing public input opportunities.

Participation Techniques

The City of Baraboo will use the following participation techniques as deemed appropriate. Participation techniques will be reviewed and modified each year, as necessary. If new techniques are tried and found to be successful, this list will be updated to include the new techniques.

o Booth at Community events (craft fair, festival, farmers market, parades, etc.)

o Advisory meetings and committees

o Direct mailings (letters, fliers, etc.)

o Website and social media

o Project-specific newsletter articles

o Public information meetings

o Legal advertisements

o Presentations to community partners, citizens/residents, etc.

o Press releases, meetings with local media representatives

o Surveys (telephone, internet, and public information meetings)

o Work with partner organizations

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Public Outreach Activities

The City of Baraboo maintains a log/record of the various types of outreach activities it uses to promote

inclusive public participation. On an annual basis, the City of Baraboo reviews its log of outreach

activities to determine if additional or different strategies are needed to promote inclusive public

participation.

The direct public outreach and involvement activities conducted by the City of Baraboo are summarized

below. Efforts include meetings, surveys, focus groups, attendance at community events, etc.

Information collected on the size, location, meeting format, number of attendees, e1040tc. as well as

the scope of the distribution method (i.e. information posted to social media, fliers in grocery stores and

community centers, etc.) will be used for future planning efforts.

Summary of Outreach Activities

Event Date

Name of Event/Activity

Date Publicized and

Communication Method

(Public Notice, Posters,

Social Media, etc.)

Outreach Method

(Meeting, Focus Group, Survey, etc.).

Staff

Members Responsible

Notes

Ongoing Website, Facebook

Website and Social

Media Materials Website and Social

Media Materials Staff

https://www.cityofbaraboo.com

List specific dates

Presentations to groups or at events (e.g., Multicultural Center, ADRC, Hmong Cultural Center, Hispanic Community Health, Resource Center, etc.)

As requested, and as invited

As requested, and as invited

Staff, Board, Volunteers

Varies

Semi-Annual

Newsletter on Website

Seasonal for Spring/Summer and

Fall/Winter

Seasonal for Spring/Summer and

Fall/Winter

Staff

Weekly Baraboo’s HOT Sheet

All Year Website Downtown Baraboo

Chamber

Staff

Quarterly ADRC Staff ADRC Website, Public notice

ADRC Website, Public notice

ADRC Meeting

Annually Farmer’s Market Downtown Baraboo Brochures contributed Staff

Annually Art Fair on the Square Baraboo Chamber of

Commerce

Brochures contributed Staff

Annually Website, Facebook,

Newspaper, Brochure

June Posting Brochure Staff

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Appendix 6 Limited English Proficiency (LEP) Plan

Overview

As a recipient of federal financial assistance, the City of Baraboo s required to prepare a Limited English Proficiency (LEP) Plan to address its responsibilities relating to the needs of individuals with limited English language skills. This plan has been prepared in accordance with Title VI of the Civil Rights Act of 1964, 42 U.S.C 2000d, et seq, and its implementing regulations which state that no person shall be subjected to discrimination on the basis of race, color, or national origin. Executive Order 13166 “Improving Access to Services for Persons with Limited English Proficiency”, issued in 2000 clarified Title VI of the Civil Rights Act of 1964. It stated that individuals who do not speak English well and who have a limited ability to read, write, speak, or understand English are entitled to language assistance under Title VI in order to access public services or benefits for which they are eligible. While most individuals in Wisconsin read, write, speak, and understand English, for some individuals English is not their primary language. If these individuals have a limited ability to read, write, speak or understand English, they are considered Limited English Proficient (LEP). The US DOT “Policy Guidance Concerning Recipients’ Responsibilities to LEP Persons” discusses the concept of “safe harbor” with respect to the requirements for translation of written materials. The Safe Harbor Threshold is calculated by dividing the population estimate for a language group that “Speaks English less than very well” by the total population of the county. The LEP Safe Harbor Threshold provision stipulates that for each LEP group that meets the LEP language threshold (5% or 1,000 individuals, whichever is less, of the population to be served) the City of Baraboo must provide translation of vital documents (e.g., Notice of Nondiscrimination, Complaint Procedure and Complaint Form) in written format for non-English speaking persons. Recipients of federal financial assistance are also required to implement LEP plans in accordance with guidelines of the federal agency from which the funds are provided. FTA Circular 4702.1B – Title VI Requirements and Guidance for FTA Recipients provides guidance and instructions for LEP Plan development.

Plan Summary

The City of Baraboo has developed this Limited English Proficiency Plan to identify reasonable steps for providing language assistance to persons with limited English proficiency (LEP) who wish to access services provided by the City of Baraboo. This plan outlines how to identify a person who may need language assistance, how to inform LEP persons language assistance is available, the ways in which assistance may be provided, and staff training.

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https://www.justice.gov/crt/executive-order-13166

https://www.transportation.gov/civil-rights/civil-rights-library/policy-guidance-concerning-recipients-responsibilities-limited



Page 17 of 23

Plan Components

As a recipient of federal US DOT funding, the City of Baraboo is required to take reasonable steps to ensure meaningful access to programs and activities by LEP persons. This plan includes the following elements:

1. The results of the Four Factor Analysis, including a description of the LEP population(s), served.

2. A description of the following:

✓ How language assistance services are provided. ✓ How LEP persons are informed of the availability of language assistance services. ✓ How the language assistance plan is monitored and updated. ✓ How employees are trained to provide language assistance to LEP persons.

Meaningful Access - Four Factor Analysis

To prepare this plan, the City of Baraboo conducted a four-factor analysis which considers the following:

Factor 1 - Demography

Number and proportion of LEP persons who may be served or are likely to encounter a City of Baraboo program or service.

This plan uses US Census Bureau – American Fact Finder (2011-2015) language data available at the Wisconsin county level. More data is available on the US Census Bureau ACS website.

The US Census Bureau – American Fact Finder (2011-2015) data shows there are numerous languages spoken in Sauk County. Some of these languages include Spanish, German, Russian, Polish, Greek, Chinese, Korean, Vietnamese, and Tagalog. After English, the second largest language group is Spanish. The Safe Harbor Threshold is calculated by dividing the population estimate for a language group that “speaks English less then very well” by the total population of the county. The LEP Safe Harbor Threshold provision stipulates that for each LEP group that meets the LEP language threshold (5% or 1,000 individuals, whichever is less), the City of Baraboo must provide translation of vital documents in written format for non-English speaking persons. US Census data shows that in Sauk County with a population estimate of 59,078, 494 people have identified themselves as Spanish speaking and “speaks English less than very well”. This language group is less than the 5% or 1,000 person threshold of the population to be served. This means City of Baraboo is not required to provide written translation of vital documents. All other language groups listed above are also below the Safe Harbor Threshold. This means, at this time, the City of Baraboo is not required to provide written translation of vital documents in these languages. In the future, if the City of Baraboo meets the Safe Harbor Threshold for any additional language groups, it will provide written translation of vital documents in such languages and consider measures needed for oral interpretation.

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https://wisconsindot.gov/Documents/doing-bus/local-gov/astnce-pgms/transit/compliance/title6-lep.pdf

https://www.census.gov/programs-surveys/acs.html

Page 18 of 23

Factor 2 – Frequency

Frequency of contact with LEP persons. The City of Baraboo provides transportation service in the City of Baraboo. The City of Baraboo reviewed the frequency with which its staff, city council, and its contractor has or could have, contact with LEP persons in the conduct of the City of Baraboo activities. This includes a review of documented phone inquiries, office visits, and encounters at public meetings and community events. Within the last year, the City of Baraboo staff, city council, and its contractor have had (0) zero requests for interpreters and (0) zero requests for translated program documents in any setting. The City of Baraboo staff, city council, and its contractor will be trained on what to do when they encounter a person with limited English proficiency. The City of Baraboo tracks the number of encounters and considers adjustments to its outreach efforts to ensure meaningful access to all persons and specifically to LEP and minority populations of the City of Baraboo’s programs and services. The Log of LEP Encounters is a tool to help track LEP encounters.

Log of LEP Encounters

If a language barrier were to exist, the City of Baraboo would work to provide a reasonable

accommodation. The “I Speak” Language Identification Card listed shown below is a document that can

be used by the City of Baraboo staff to assist LEP individuals. Additional languages can be added, as

needed, to match the demographic changes of the City of Baraboo’s service area. The languages

included in the “I Speak” Language Identification Card below represent many of the languages spoken

within the City of Baraboo service area.

Date Time

Language Spoken By Individual

(if available)

Name and Phone Number

of Individual (if available)

Service Requested

Follow Up Required

Staff Member Providing Assistance

Notes

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“I Speak” Language Identification Card

Mark this box if you speak….

Language Identification Chart Language

I speak English English

Yo hablo español Spanish

Kug has lug Moob Hmong

我說中文 Chinese

E nói tiếng Việt Vietnamese

나는한국어를 Korean

Marunong akong mag-Tagalog Tagalog

Ich spreche Deutsch German

Я говорю по-русски Russian

Ја говорим српски Serbian

मैं ह िंदी बोलत े ैं Hindi

Urdu میں نے اردو بولتے ہیں

Note: For additional languages visit the US Census Bureau website http://www.lep.gov/ISpeakCards2004.pdf

Factor 3 – Importance

Nature and importance of program to LEPs.

The City of Baraboo receives federal financial assistance to provide transportation service in the city of Baraboo, located in Sauk County. The City of Baraboo understands an LEP person with language barrier challenges also faces difficulties obtaining health care, education, access to employment and nutrition meal sites, recreational services, and socialization. Transportation services provides a key role in connecting LEP persons to these essential services.

Factor 4 – Resources and Costs

Resources available and overall cost to provide LEP assistance.

Given the small size of LEP encounters and small LEP populations, full multi-language translations of our programs and services related to transportation services is not warranted at this time. However, this information can be made upon request. The City of Baraboo will contact state and local units of government and community resources for assistance in translation services. Even though the City of Baraboo does not have a separate budget for LEP outreach, it continuously explores ways to implement low-cost methods of notifying LEP persons of transportation services. Outreach efforts include maintaining a website, utilizing social media, developing and printing brochure/materials and having a visible presence in our community (e.g., participating in job fairs, parades, community events, etc.) to promote transportation services. Additional low-cost outreach methods to reach LEP communities include but are not limited to activities such as visiting ethnic

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http://www.lep.gov/ISpeakCards2004.pdf

Page 20 of 23

stores/markets and restaurants, community centers, libraries, faith-based institutions and local festivals. The cost is relatively low but the ability to reach the LEP population is high.

Language Assistance Services

Overview - Language Assistance Services

If a person does not speak English as their primary language and is LEP, that person may be entitled to language assistance with respect to the City of Baraboo’s programs and services. Language assistance can include interpretation and/or translation from one language into another language. The City of Baraboo will take reasonable steps to provide the opportunity for meaningful access to LEP individuals who have difficulty communicating in English. The City of Baraboo strives to offer the following measures:

✓ When encountering LEP persons directly, the City of Baraboo staff use the “I Speak” Language Identification Card or posters to identify the language and communication need of LEP persons.

✓ Maintain a Log of LEP Encounters to capture information on the frequency of contact with LEP individuals to determine whether additional language assistance services are needed.

✓ Make translated versions (or provide for the interpretation of relevant sections) of all documents/publications available upon requests, within a reasonable time frame.

✓ Work with translation services as necessary to assist with the development of bilingual outreach materials.

✓ Utilize Wisconsin Relay 7-1-1, the state of Wisconsin resource to assist with communication needs http://www.wisconsinrelay.com/ and http://www.wisconsinrelay.com/features

✓ Utilize online resources such as Google Translate to assist with the translation of documents. The main downside of this approach is accuracy. As such, this option will be used by the City of Baraboo on limited basis. Instead, the City of Baraboo will seek assistance from fluent speakers.

✓ Prioritize the hiring of bilingual staff, as needed.

Public Outreach – Informing LEP Persons of Language Assistance Services

The City of Baraboo uses the following steps to inform LEP persons of the availability of language assistance services:

✓ Posts the Title VI/LEP Notice of Nondiscrimination on its website. The notice includes a sentence written in Spanish providing instructions on how to contact the City of Baraboo to request information in another language.

✓ When encountering LEP persons directly, the City of Baraboo will use the “I Speak” Language Identification Card to identify the language and communication needs of LEP persons. The City of Baraboo may not be able to immediately accommodate or assist individuals self-identifying as a person not proficient in English but will seek means to follow up with the individual to address their needs in the language requested as soon as possible.

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http://www.wisconsinrelay.com/

http://www.wisconsinrelay.com/features

Page 21 of 23

✓ Review outreach activities and information gathered from the Log of LEP Encounters on the frequency of contact with LEP individuals to determine whether additional language assistance services are needed.

✓ Develop and maintain cooperative relationships with key agencies/community organizations that serve LEP populations in the area or region. These entities can assist in providing or verifying translations and/or identifying gaps in assistance to persons with LEP needs.

✓ Utilize translation services such a fluent speaker on staff, seeking out language assistance from community organizations, Wisconsin Relay 7-1-1, the state of Wisconsin resource to assist with communication needs http://www.wisconsinrelay.com/ and http://www.wisconsinrelay.com/features

Monitoring, Evaluating and Updating the Plan

The City of Baraboo will review the LEP Plan on an annual basis. Review and updates will include the following:

✓ The number of documented LEP person contacts.

✓ How the needs of LEP persons have been addressed.

✓ Determine whether the need for translation services has changed.

✓ Determine with existing language assistance services are effective and sufficient to meet the

needs of LEP persons.

✓ Determine whether complaints have been received concerning the City of Baraboo’s failure to

meet the needs of LEP individuals.

✓ Sufficiency of staff training.

✓ Review of any new opportunities for LEP communication.

✓ Determine whether financial resources are needed to fund language assistance services.

Training Staff

The following training will be provided to the City of Baraboo staff:

✓ Information on the City of Baraboo’s Title VI Non-Discrimination Plan and LEP responsibilities.

✓ Description of language assistance services offered to the public.

✓ Use of the “I-Speak Card” as a tool to assist LEP individuals.

✓ Documentation of language assistance requests using the Log of LEP Encounters.

✓ How to handle Title VI Non-Discrimination and LEP complaints.

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http://www.wisconsinrelay.com/

http://www.wisconsinrelay.com/features

Page 22 of 23

Appendix 7

Demographic Representation Information4

A. Demographic Representation Table5

The table below depicts US Census county population data by race and the City of Baraboo’s non-

elected committees/councils related to transit.

Body Caucasian Hispanic/

Latino

Black/ African

American

Asian American

Native American

Two or More Races

Sauk County Population 91.3% 4.8% .70% .69% 1.0% 1.51%

Baraboo City Council 0% 0% 0% 0% 0% 0%

B. Efforts to Encourage Minority Participation

The City of Baraboo understands diverse representation on committees, councils and boards results in sound policy reflective of its entire population. As such, the City of Baraboo encourages participation of all its citizens. As vacancies on non-elected boards, committees and councils become available, the City of Baraboo will make efforts to encourage and promote diversity. To encourage participation on its boards, committees and councils, the City of Baraboo will continue to reach out to community organizations to connect with all population groups in its service area. In addition, the City of Baraboo will use creative ways to make participating realistic and reasonable, such as scheduling meetings at times best suited to its members.

4 If the City of Baraboo has transit-related, non-elected planning boards, advisory councils or committees, or

similar bodies, the membership of which is selected by the City of Baraboo, Title VI regulations require the City of Baraboo to provide a table depicting the membership of those committees broken down by race and a description of efforts made to encourage the participation of minorities on such committees. 5 County data by race is available at the WisDOT website https://wisconsindot.gov/Documents/doing-bus/local-gov/astnce-pgms/transit/compliance/title6-race.pdf or the US Census Bureau website http://data.census.gov

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https://wisconsindot.gov/Documents/doing-bus/local-gov/astnce-pgms/transit/compliance/title6-race.pdf

https://wisconsindot.gov/Documents/doing-bus/local-gov/astnce-pgms/transit/compliance/title6-race.pdf

http://data.census.gov/

Page 23 of 23

Demographic Representation Data Collection Form6 Name of board, commission, council, etc.

Date: ___________________________________________________________________________________

Dear Member,

The City of Baraboo, as a recipient of federal funds is required under Title VI of the Civil Rights statue to ascertain the racial/ethnic make-up of any non-elected boards, commissions, councils, etc.

Data from this section is used for statistical and reporting purposes. The information may be subject to disclosure under federal or state law or rule.

Anti-Discrimination Notice

It is unlawful for the City of Baraboo to fail or refuse to provide services, access to services or activities, or otherwise discriminate against an individual because of an individual’s race, color, religion, sex, national origin, disability, or veteran status.

As a council under the jurisdiction of the City of Baraboo, we invite council members to voluntarily self-identify their race/ethnicity for us to comply with FTA Title VI and LEP requirements. This information will be used according to the provisions of applicable federal and state laws, executive orders and regulations, including those requiring the information to be summarized and reported to the federal government for civil rights enforcement purposes.

Race/Ethnicity

If you choose to self-identify, please mark the one box describing the race/ethnicity category with which you primarily identify:

___ Asian or Pacific Islander: All persons having origins in any of the peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands. This area includes, for example, China, Japan, Korea, the Philippine Islands and Samoa.

___ Black and/or African American (not of Hispanic origin): All persons having origins in any of the Black racial groups of Africa.

___ Hispanic: All persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race.

___ American Indian or Alaskan Native: All persons having origins in any of the original peoples of North America, and who maintain cultural identification through tribal affiliation or community recognition.

___ Caucasian (not of Hispanic origin): All persons having origins in any of the original peoples of Europe, North Africa or the Middle East.

6 This form is an optional tool the City of Baraboo can use to gather information on the racial composition of

its committee members for the purposes of meeting the Title VI plan requirements.

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NBR - 9



Background: City staff has been working with various developers and the land ownerfor over a year now on the construction of a hotel. Through an extensive vetting processthe owner has partnered with and formed a new development group called JDJE, LLC, aWisconsin Limited Liability Company. The developer will be constructing a 97 RoomFairfield Hotel on property located in the Gateway Industrial Park. If this developmentagreement is approved, the development is anticipated to begin construction in the nextfew months and be completed in early summer of next year. While construction costs ofthe project are anticipated to exceed $18,000,000 the final valuation of the project, asreviewed by our Assessor, is anticipated to be around $9,700,000.

This development agreement is strictly a “pay go” incentive that will reimburse 75% of thetax revenue generated until 2039. This incentive will help defray the substantial costincreases that the developer has experienced planning this project and help make theproject economically viable.

Fiscal Note: [ ] Not Required [ x ] Budgeted Expenditure [X ] Not BudgetedComments:


The Common Council hereby authorizes the City Administrator and the City Clerk toexecute the Development Agreement on behalf of the City with JDJE, LLC, for the purposeof constructing a new 97 Room Fairfield Hotel.

Offered by: Finance Approved:Motion:Second: Attest:

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REVISED DRAFT 6/7/2022

6-14-2022 DEVELOPMENT AGREEMENT, HOTEL - REVISED DRAFT

TAX INCREMENTAL DISTRICT DEVELOPMENT AGREEMENT

THIS TAX INCREMENTAL DISTRICT DEVELOPMENT AGREEMENT (the “Agreement”)is entered into as of June [___], 2022 (the “Effective Date”) by and among the City of Baraboo (“City”)and JDJE, LLC, a Wisconsin limited liability company (“Developer”).

RECITALS

A. Developer owns (or has the ability to purchase under a binding contract) the landdescribed in the Exhibit A attached hereto and incorporated herein by reference (the “Property”).

B. The Property is located within the boundaries of the City’s Tax Incremental District No.11 (the “District”).

C. The City established the District in order to, among other things, develop the area of theCity covered by the District and finance various project costs within the District, subject to approvals bythe City Council and the Joint Review Board for the District and in compliance with Wis. Stat. §66.1105(the “TI Act”).

D. Developer intends to develop the Property by constructing a ninety-seven (97) roomFairfield Inn & Suites by Marriott hotel (the “Project”).

E. The City believes it is appropriate to use tax increments from the District to provide theMRO (as defined below) to reimburse Developer for costs related to the development of DeveloperImprovements (as defined below) on the Property in and for the benefit of the District, to facilitatedevelopment within the District and to provide financing for portions of such improvements anddevelopment, provided such development qualifies as a “project cost” under the TI Act.

F. The City further believes that the Project, as described in this Agreement, is in the bestinterests of the City and its residents and is reasonably consistent with the public purposes and thedevelopment expectations of the District, including, but not limited to, expanding tax base andemployment opportunities within the City.

AGREEMENT

NOW, THEREFORE, the City and Developer, in consideration of the terms and conditionscontained in this Agreement and for other good and valuable consideration, the receipt of which is herebyacknowledged, each agrees as follows:

ARTICLE I –CONDITIONS AND REQUIRED INFORMATION

1.1 Conditions. The City shall have no obligations under this Agreement and shall have theright to terminate this Agreement in accordance with the provisions of Section 1.2 below if the Conditionsset forth below have not been fully satisfied in a form and in substance reasonably acceptable to the City.On or before July 1, 2022, Developer shall satisfy the following conditions (the “Conditions”) and provideto the City such other documentation as the City may in good faith request, which documentation shall bein form and in substance reasonably acceptable to the City, confirming Developer’s full compliance witheach of the following Conditions:

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- 2 -6-14-2022 DEVELOPMENT AGREEMENT, HOTEL - REVISED DRAFT

(a) Developer shall obtain and deliver to the City a fully executed [license/franchise]agreement substantially in the form attached hereto and incorporated herein by reference asExhibit B (the “Franchise Agreement”) for the operation of the Project with a term to expireno earlier than January 1, 2040 which provides for the operation of the Project as a FairfieldInn & Suites by Marriott franchise with [Marriott International] (“Franchisor”). In the eventthe Franchise Agreement is subject to any contingencies or conditions, Developer shall alsoprovide written confirmation to the City, in form and in substance reasonably acceptable to theCity, confirming Developer’s ability to timely and fully satisfy all such contingencies andconditions. Developer shall also obtain and deliver to the City a copy of any and all hoteldevelopment plans, if any, prepared by or on behalf of Franchisor, identifying the scope ofwork required on the Property in order to satisfy Franchisor’s new hotel build requirements.

(b) Developer shall deliver to the City the following information related to theanticipated development of the Property (collectively, the “Required Information”):

(i) A title commitment or title policy issued by a title insurance companylicensed to do business in Wisconsin identifying Developer as the current owner or theproposed owner (as applicable) of the fee interest in the Property and containing copiesof all easements, restrictions, encumbrances, leases or other documents of recordaffecting the Property (collectively, “Exceptions”). None of the Exceptions shallinterfere with the development and use of the Project, and if any Exception does interferewith the development and use of the Project, Developer agrees to remove such Exceptionfrom title on the Property.

(ii) Developer shall deliver a schedule for the construction of DeveloperImprovements (as defined below) on the Property and identifying the following for theProject:

(A) Intended commencement and completion date,

(B) Reasonably estimated costs associated with the construction, and

(C) Reasonably estimated value, upon completion, of the intendedimprovements to be constructed on the Property.

(iii) The construction contracts and a cost breakdown and budget listing theintended cost of each improvement and construction expense for the Project, includingall hard costs and soft costs. The cost breakdown and budget shall be certified in writingby Developer and Developer’s independent consulting engineer or independent architect(in form and substance acceptable to the City).

(iv) Documentation confirming that Developer has complied with allnecessary federal, state, county, and municipal laws, ordinances, rules, regulations,directives, orders, and requirements necessary to obtain the governmental approvalsrelating to the intended construction. Developer shall also provide copies of all approvalsby all applicable government bodies and agencies.

(v) A copy of the final construction plans and complete specifications (the“Final Plans”) for the intended construction related to the Project that are consistent withthe provisions of this Agreement. The Final Plans must be certified as final and complete

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and be signed by Developer, the consulting engineer, architect and the general contractor(as applicable) and approved by the City in writing.

(vi) All documents authorizing the construction of the Project and directingthe appropriate officer of Developer to execute and deliver this Agreement and all otheragreements, documents and contracts required to be executed by it in connection with thetransactions which are the subject of this Agreement (including, without limitation,authorizing resolutions of Developer).

1.2 Termination Rights. The City shall have the right to terminate this Agreement and theMRO and shall have no obligations under this Agreement or the MRO, if Developer fails to fully andtimely satisfy all of the Conditions (including, without limitation providing the Required Information),as determined in the sole discretion of the City; provided, in the event that the City intends to terminatethis Agreement pursuant to this Section 1.2, the City agrees: (a) to provide Developer written notice ofthe City’s intention to terminate this Agreement (each a “Termination Notice”), and (b) to allowDeveloper an opportunity to cure all outstanding failures set forth in such Termination Notice withinfifteen (15) business days of the date of such Termination Notice. If Developer timely cures all failuresstated in the Termination Notice within such fifteen (15) business day cure period, the City agrees to notexercise its termination rights with regard to the failures specifically disclosed in the Termination Notice,but the City reserves all rights to terminate this Agreement in the future for other failures by theDeveloper whether under this Section 1.2 or other provisions of this Agreement.

ARTICLE II – OBLIGATIONS RELATED TO THE PROPERTY

2.1 Improvements. Developer shall make, at its own expense, the following improvementsand perform the following work on the Property subject to the Final Plans and pursuant to the other termsand conditions of this Agreement (collectively, the “Developer Improvements”):

(a) Developer shall commence construction of the Project (installing footings forthe building(s)) on or before August 1, 2022, and the Project shall consist of a building andother improvements consistent with the Final Plans. Upon commencement of such work,Developer shall proceed to the full completion of all of the improvements set forth in thisSection 2.1 with due diligence and without unreasonable delay or interruption with theexception of force majeure events, if any, as defined in Section 15.9 below. The Project shallbe completed substantially in accordance with the Final Plans, this Agreement and all applicablebuilding and zoning codes and ordinances and available for occupancy on or before December31, 2023.

(b) Developer shall be responsible for landscaping on the Property, including trees,shrubs, seeding or sod.

(c) Developer shall install, or have installed, all electric, gas, telephone and cableservices and all improvements for the use and operation of the Project.

(d) Developer shall install, or have installed, all sanitary sewer and water laterals onthe Property, as well as connections of such laterals to existing sewer and water mains.

(e) Developer shall install, or have installed, all storm water drainage systems andfacilities on the Property including drain tiles, pipes, detention ponds and retention ponds.

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(f) Developer shall be responsible for all erosion control related to construction ofall improvements on the Property.

(g) Developer shall be responsible for all costs related to the work to be performedby Developer under this Agreement, including, but not limited to, all engineering, inspections,materials, labor and permit, impact and license fees.

In the event of any loss or damage to any of Developer Improvements prior to close of theDistrict, Developer shall promptly proceed with the repair and replacement of such DeveloperImprovements to the condition that the Developer Improvements were in immediately prior to thecasualty. The fair market value of Developer Improvements following reconstruction or repair must besubstantially similar to or more than the fair market value of such Developer Improvements immediatelyprior to the casualty. Once the reconstruction or repair work is commenced, Developer shall promptlyproceed with due diligence to complete such work. The reconstruction and repair work must becommenced within 180 days after the casualty. These obligations shall be deemed covenants runningwith the land and shall be applicable to Developer’s successors and assigns and all other persons orentities acquiring any interest in the Property; provided, however, this Agreement shall automaticallyterminate upon the closure of the District and either the City or Developer may record a memorandumacknowledging the termination.

2.2 Payment of Taxes. Developer shall timely pay and discharge all taxes, assessments andother governmental charges upon the Property when due.

2.3 Time is of the Essence. Time is of the essence with reference to Developer’s obligationto commence and complete the Developer Improvements. Developer acknowledges that the timelyperformance of its respective work under this Agreement is critical to the collection of the tax incrementupon which the parties are relying for the performance of their respective obligations under thisAgreement.

2.4 Work Quality. All work to be performed by or on behalf of Developer (or any contractorselected by Developer) related to the Developer Improvements shall be performed expeditiously and ina good and workmanlike manner, consistent with the prevailing industry standards for such work in thearea of the City. Developer (or any contractor selected by Developer), respectively, shall perform allwork in compliance with all applicable laws, regulations, ordinances and buildings codes, and shallobtain and maintain all necessary permits and licenses for such work.

ARTICLE III – ACCESS, INSPECTIONS AND CONTRACTORS

3.1 Access and Inspections. Developer hereby grants to the City, its agents, employees,officials, representatives, contractors and consultants the right to enter upon the Property at all reasonabletimes (upon reasonable advance notice to Developer) for the purpose of facilitating the City’s inspectionof the Property and the Developer Improvements.

3.2 Inspections for City’s Benefit Only. Any inspection conducted by the City or its agentsshall be deemed to have been for the City’s own benefit and shall in no way be construed to be for thebenefit of or on behalf of Developer. Developer shall not (and hereby each waives any right to) rely inany way upon such inspections, appraisals or determinations of the City.

3.3 Contractors and Consulting Engineers. At any time, the City shall have the right toretain consulting engineers and architects to perform services for the City (which shall be at the City’s

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expense, unless the City must perform multiple inspections as a result of Developer’s failure to meet theFinal Plans) including:

(a) to make periodic inspections with reasonable advance notice to Developer forthe purpose of assuring that construction is in accordance with the requirements of thisAgreement and to advise the City of the anticipated cost of, and a time for, the completion ofconstruction work; and

(b) to review and advise the City of any proposed changes in the construction ofDeveloper Improvements.

The City’s selection of, and reliance upon, the consulting engineers and architects shall not give rise toany liability on the part of the City for the acts or omissions of the consulting engineers or architects ortheir employees or agents.

Contractors selected for Developer Improvements shall be qualified in the City to perform the work,shall be licensed to do business in the State of Wisconsin, shall have experience in providing the type ofwork and materials required of Developer Improvements, and shall have a good reputation for diligentperformance of their obligations under their respective contracts.

ARTICLE IV – MUNICIPAL REVENUE OBLIGATION

4.1 Municipal Revenue Obligation. Pursuant to the terms of this Agreement, the Cityagrees to issue a Two Million Five Hundred Sixty-Six Thousand Seven Hundred Twenty-Two and00/100 Dollars ($2,566,722.00) non-interest bearing municipal revenue obligation (the “MRO”) toDeveloper within sixty (60) calendar days after the City’s written confirmation of receipt of all of theRequired Information. Except as otherwise described herein, payments on the MRO will equal theamount of the Available Tax Increment (as defined below) in each year appropriated by the City Counciluntil the MRO is paid in full. “Available Tax Increment” means an amount equal to seventy-fivepercent (75%) of the Tax Increment (as defined below) actually received by the City in each year. “TaxIncrement” shall have the meaning given under Wis. Stat. §66.1105(2)(i) but shall be limited to the TaxIncrement attributable to the real estate, improvements, and any taxable personal property associatedwith the Property. Provided the Developer is not in Default under this Agreement, the City will not usethe Available Tax Increment to pay any debts or obligations of the City other than the obligations underthe MRO, until the MRO is paid in full.

Provided that Developer has timely satisfied the Conditions, timely provided the RequiredInformation and Developer is not in Default under this Agreement at each time, the City shall, subjectto annual appropriation of such payment by the City Council, pay the Available Tax Increment to theholder of the MRO in one annual payment, on or before December 31st of each year commencing onDecember 31, 2024, and continuing to (and including) December 31, 2039 (each, a “Payment Date”).Notwithstanding the previous sentence, in the event that Developer is in Default on a Payment Date,payment by the City may be suspended until all such Defaults are cured provided each Default is curedwithin the applicable cure period for such Default (beyond which the City shall have no obligation tomake such payment). To the extent that on any Payment Date the City is unable to make all or part of apayment of principal due on the MRO from such Available Tax Increment due to an absence of adequateAvailable Tax Increment, such failure shall not constitute a default under the MRO. The amount of anysuch deficiency shall be deferred without interest. The deferred principal shall be due on the nextPayment Date on which the City has Available Tax Increment. The term of the MRO and the City’s

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obligation to make payments hereunder shall not extend beyond December 31, 2039 (“Final PaymentDate”). The City shall have no obligation to make further payments on the MRO or incur any liabilityrelated to the MRO after the Final Payment Date, regardless of any amounts outstanding on the MROafter the Final Payment Date. Upon the City’s MRO payment on the Final Payment Date, the MROshall terminate and the City’s obligation to make any payments under the MRO shall be discharged.

The MRO shall not be payable from or constitute a charge upon any funds of the City, and theCity shall not be subject to any liability thereon or be deemed to have obligated itself to pay thereonfrom any funds except the Available Tax Increment which has been appropriated for that purpose, andthen only to the extent and in the manner herein specified. The MRO is a special, limited revenueobligation of the City and shall not constitute a general obligation of the City. The City will use goodfaith efforts to annually appropriate the Available Tax Increment for the MRO, until the earlier of theFinal Payment Date, the termination of this Agreement or the MRO, or the payment in full of the MROas provided herein. If Available Tax Increment is received by the City earlier than the first PaymentDate, such increment shall be retained by the City and applied to the first payment subject toappropriation by the City Council. Developer shall not have the right to assign the MRO except as setforth therein. Interests in the MRO may not be split, divided or apportioned.

4.2 MRO Form. The MRO shall be substantially in the form attached hereto andincorporated herein by reference as Exhibit C and shall be payable in accordance with the terms andconditions set forth in such MRO. The principal payments shall be payable solely from the AvailableTax Increment appropriated by the City. On or about each Payment Date under the MRO, the City shallprovide to Developer an accounting identifying the Available Tax Increment, the amount of the paymentbeing made on such Payment Date, and the remaining principal balance due on the MRO after theapplication of such payment.

4.3 Issuance of MRO and Payment Limitation. Provided that Developer has timelysatisfied the Conditions, timely provided the Required Information and Developer is not in Default underthis Agreement, the City will deliver the MRO to Developer within sixty (60) days after the City’s writtenconfirmation of receipt of all of the Required Information. Notwithstanding the previous sentence, inthe event that Developer is in Default prior to the City’s issuance of the MRO, the City shall not berequired to deliver the MRO to Developer until a reasonable time after, but no more than thirty (30) daysafter, all such Defaults are cured, provided each Default is cured within the applicable cure period (ifany) for such Default. The total amount of principal to be paid under the MRO shall in no event exceedTwo Million Five Hundred Sixty-Six Thousand Seven Hundred Twenty-Two and 00/100 Dollars($2,566,722.00). The City’s obligation to make payments on the MRO is conditioned on the requirementthat Developer is not in Default under this Agreement. For the avoidance of any doubt, upon theoccurrence of a Default, the City may suspend such payment until the Default is cured, provided that ifthe Default is not cured within the applicable cure period (if any), the City shall have no further obligationto make such payment or any other payment and the City may exercise any and all available remedies.

4.4 Repayment Schedule. The estimated repayment schedule of the MRO shall be set forthin Schedule 1 to the MRO. The City reserves the right to modify the MRO repayment schedule basedupon market conditions, the actual and projected Tax Increment generated from DeveloperImprovements and (with respect to determination of the first Payment Date) the completion date ofconstruction of Developer Improvements. The Available Tax Increment received by the City each yearshall be applied to the payment of principal due on the MRO in accordance with the payment schedulesset forth in such MRO, subject to appropriation by the City Council.

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ARTICLE V – ZONING AND LAND USE

5.1 Zoning Compliance. Development on the Property under this Agreement shall be incompliance with the applicable zoning ordinance and land use guidelines applicable to the Property andshall be subject to the payment of any applicable impact fees in the amounts applicable at the time eachrequired permit is issued. Nothing in this Agreement shall obligate the City to grant variances,exceptions or conditional use permits related to the Project.

5.2 Tax Status/Restrictive Covenant. Without the prior written consent of the City (whichmay be withheld for any reason), Developer shall not use or permit the use of the Property in any mannerwhich would render such property exempt from property taxation. Developer agrees to record a deedrestriction or restrictive covenant against the Property prior to any sale or leasing of the Property to makeany subsequent purchasers or users of any portion of the Property subject to this provision. The deedrestriction or restrictive covenant shall permit, but shall not obligate, the City to enforce such deedrestriction or restrictive covenant and shall be in form and in substance reasonably acceptable to the City.This provision and the deed restriction or restrictive covenant shall continue to be applicable until thetermination of the District. However, Developer shall not have a continuing obligation for compliancewith this provision as to any portion of the Property in which Developer no longer maintains an interestas owner, tenant or occupant provided that Developer has timely recorded the deed restriction orrestrictive covenant as approved by the City.

ARTICLE VI – ASSIGNMENTS AND CHANGES OF CONTROL

6.1 Assignments and Change of Control. This Agreement shall not be assignable byDeveloper without the prior written consent of the City (which may be withheld by the City for anyreason). If Developer is not managing the Project pursuant to a management agreement in compliancewith the provisions of Section 6.2 below, ownership or control of Developer shall not be transferred toany person or entity without the prior written consent of the City (which may be withheld by the Cityfor any reason). The prohibition on the transfer of ownership or control shall not be applicable in theevent of the death of a member and the interest being transferred is the deceased member’s interest. Theterm “ownership or control” shall mean 20% or more of the Ownership Interests in Developer. For thepurposes of this Agreement, “Ownership Interests” shall mean the members’ right to share indistributions and other economic benefits of Developer, the members’ right to participate in decisionmaking, or both. The current Members of Developer are identified on Exhibit D attached hereto andincorporated herein by reference.

6.2 Franchise Agreement and Hotel Management. The Franchise Agreement submittedto the City by Developer shall not be assigned by Developer without the prior written consent of the City(which may be withheld by the City for any reason). Subsequent to the delivery of the FranchiseAgreement, Developer shall also provide to the City immediately upon receipt copies of all amendmentsto the Franchise Agreement and of any and all correspondence or notices from the Franchisor related toany Franchisor alleged breach by Developer of the Franchise Agreement or the status of the Project. TheFranchise Agreement shall not be amended in any manner which may adversely affect the quality,condition, reputation or value of the Project, the value of the franchise, or in a manner which wouldshorten the term of the Franchise Agreement. The initial manager of the hotel on the Property shall beS & L Hospitality, LLC (the “Manager”) under a management agreement approved by the City, whichapproval shall not be unreasonably withheld. In the event Manager, is not or ceases to be the managerof the hotel on the Property, Developer shall submit to the City a copy of a proposed new managementagreement for the hotel, which agreement shall be subject to the approval of the City, which approval

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shall not be unreasonably withheld. Developer shall have full authority, under the terms and conditionsof the management agreement, to direct and control the management, operation and financing of thehotel in a manner which is fully compliant with the terms and conditions of the Franchise Agreementand at a level which will not adversely affect the quality, condition, reputation or value of the hotel orthe Project. Any management agreement for the hotel shall not be assigned or amended without the priorwritten consent of the City, which consent shall not be unreasonably withheld. In the event a proposednew management agreement submitted to the City by Developer is not approved by the City, Developershall be responsible for the management of the hotel until such time as a management agreement issubmitted to the City which is approved by the City. Notwithstanding the City’s right to approve themanagement agreement for the hotel on the Property, the City’s approval of the management agreementshall not give rise to any liability on the part of the City for the acts or omissions of Developer or anyother manager or its employees or agents. Furthermore, the City shall have no liability to Developer orany other person or entity related to the City’s failure to approve any management agreement. Asignificant portion of the consideration for this Agreement is the expertise in hotel development andmanagement provided by Developer and it is the City’s expectation that Developer will remainprincipally involved in the hotel development and management throughout the term of this Agreement.If any of the terms and conditions of this Section 6.2 are not complied with, such noncompliance shallbe deemed a Default by Developer.

ARTICLE VII – DEVELOPER REPRESENTATIONS, WARRANTIES AND COVENANTS

7.1 Developer Representations, Warranties and Covenants. Developer represents,warrants and covenants that:

(a) it is a limited liability company duly formed and validly existing in the State ofWisconsin, has the power and all necessary licenses, permits and franchises to own its assetsand properties and to carry on its business, and is in good standing in the State of Wisconsinand all other jurisdictions in which failure to do so would have a material adverse effect on itsbusiness or financial condition;

(b) it has full authority to execute and perform this Agreement and has obtained allnecessary authorizations to enter into, execute and deliver this Agreement;

(c) the execution, delivery, and performance of its respective obligations pursuantto this Agreement will not violate or conflict with its articles of organization, operatingagreement or any indenture, instrument or agreement by which it is bound, nor will theexecution, delivery, or performance of its obligations pursuant to this Agreement violate orconflict with any law applicable to it or the Project;

(d) this Agreement constitutes (and any instrument or agreement that it is requiredto give under this Agreement when delivered will constitute) legal, valid, and bindingobligations of it enforceable against it in accordance with their respective terms;

(e) it will use commercially reasonable efforts to complete the development andconstruction of Developer Improvements and the Project expeditiously, in a good andworkmanlike manner and in accordance with all acceptable statutes, ordinances and regulations,any restrictions of record and the Final Plans provided to the City regarding the Project;

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(f) it will not make or consent to any material modifications to the Final Planswithout the prior written consent of the City, except for any material modification that is limitedto the inside of the building (such modifications will not need City consent);

(g) it will discharge all claims for labor performed and materials, equipment, andservices furnished in connection with the construction of Developer Improvements; nothingcontained in this Agreement shall require Developer to pay any claims for labor, services ormaterials which it, in good faith, disputes and is currently and diligently contesting, provided,however, that it shall, within ten (10) days after the filing (or the assertion) of any claim of lienthat is disputed or contested by Developer, obtain and record (if required by the City) a suretybond sufficient to release said claim or lien or provide the City with other such assurances thatthe City may reasonably require;

(h) it will take all reasonable steps to forestall claims of lien against the Property(any part thereof or right or interest appurtenant thereto) or any personal property and fixtureslocated or used in connection with the Property;

(i) it will maintain, at all times during construction, a policy of builder’s riskcompleted value and contractor’s multiple perils and public liability, extended coverage,vandalism and malicious mischief hazard insurance covering the Property in at least the amountof the full replacement, completed value of the improvements on the Property;

(j) it will pay and discharge all taxes, assessments and other governmental chargesupon the Property when due, as well as claims for labor and materials which, if unpaid, mightbecome a lien or charge upon the Property;

(k) it will promptly furnish to the City written notice of any litigation affectingDeveloper and any claims or disputes which involve a material risk of litigation againstDeveloper;

(l) it shall deliver to the City revised statements of estimated costs of theconstruction for Developer Improvements showing changes in or variations from the originalcost statement provided to the City as soon as such changes are known to Developer;

(m) it shall provide to the City, promptly upon the City’s request, any informationdeemed reasonably necessary by the City related to the MRO and the performance of Developerunder this Agreement to enable the City to timely and accurately complete any accounting orreporting requirements applicable to the City related to the transactions under this Agreementand the MRO;

(n) no litigation, claim, investigation, administrative proceeding or similar action(including those for unpaid taxes) against Developer is pending or threatened, and no otherevent has occurred which may materially adversely affect Developer’s financial condition orproperties, other than litigation, claims, or other events, if any, that have been disclosed to andacknowledged by the City in writing; and

(o) there are no delinquent outstanding personal property taxes, real estate taxes, orspecial assessments affecting the Property.

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7.2 Execution Representations and Warranties. The person(s) signing this Agreement onbehalf of Developer represent and warrant that he/she/they have full power and authority to execute thisAgreement on behalf of Developer and to bind Developer to the terms and conditions of this Agreement.

7.3 Repeating Representations. On each Payment Date, Developer shall recertify in writing(electronic or otherwise) the representations and warranties of Developer provided in Section 7.1 aboveas being true and correct as of each Payment Date.

7.4 Cooperation. Developer warrants that it shall exercise all reasonable diligence andexpend all commercially reasonable efforts to undertake its obligations under this Agreement.

ARTICLE VIII – CITY REPRESENTATION AND WARRANTIES

8.1 City Representations and Warranties. The City represents and warrants that:

(a) It is a body politic of the State of Wisconsin with full power and authority toenter into this Agreement and that all statutory procedures and requirements have beenfollowed, fulfilled and satisfied in connection with the approval of this Agreement and theauthorization of all City obligations required by this Agreement; and

(b) The individuals signing this Agreement on behalf of the City have full authorityto do so and upon such execution by such individuals, this Agreement will constitute (and anyinstrument or agreement that the City is required to give under this Agreement when executedand delivered will constitute) legal, valid and binding obligations of the City enforceableagainst it in accordance with their respective terms.

ARTICLE IX – DEFAULTS

9.1 Default. Any one or more of the following shall constitute a “Default” under thisAgreement.

(a) Developer fails to timely and fully perform, or comply with, any one or more ofits respective obligations or any of the terms or conditions of this Agreement or any documentrelated hereto or referenced herein (including, without limitation, the untimely satisfaction ofthe Conditions or the untimely delivery of the Required Information).

(b) Any representation or warranty made by Developer in this Agreement, anydocument related hereto or referenced herein or any financial statement delivered by Developerpursuant to this Agreement shall prove to have been false or misleading in any material respectas of the time when made or given.

(c) Developer (or any permitted successor or assign of Developer) shall:

(i) become insolvent or generally not pay, or be unable to pay, or admit inwriting its inability to pay, its debts as they mature,

(ii) make a general assignment for the benefit of creditors or to an agentauthorized to liquidate any substantial amount of its assets,

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(iii) become the subject of an “order for relief” within the meaning of theUnited States Bankruptcy Code, or file a petition in bankruptcy, for reorganization or toeffect a plan, or other arrangement with creditors,

(iv) have a petition or application filed against it in bankruptcy or any similarproceeding, or have such a proceeding commenced against it, and such petition,application or proceeding shall remain undismissed for a period of ninety (90) days ormore, or such party, shall file an answer to such a petition or application, admitting thematerial allegations thereof,

(v) apply to a court for the appointment of a receiver or custodian for any ofits assets or properties, or have a receiver or custodian appointed for any of its assets orproperties, with or without consent, and such receiver shall not be discharged withinninety (90) days after his appointment, or

(vi) adopt a plan of complete liquidation of its assets.

ARTICLE X– REMEDIES

10.1 Remedies. In the event of a Default, the City shall provide written notice to Developerof the Default (the “Default Notice”); however, such defaulting party shall not be entitled to a DefaultNotice or a right to cure in the event the Default occurs under Subsection 9.1(c) above.

(a) The Default Notice shall provide Developer at least thirty (30) days to cure aDefault; however, the 30-day period may be extended to the period of time reasonably necessaryto cure the Default, if Developer promptly commences activities to cure the Default in goodfaith and diligently pursues such activities to fully cure the Default but in no event shall theperiod of time to cure the Default exceed ninety (90) days from the date of the Default Notice.

(b) In the event the Default is not fully and timely cured by Developer, the City shallhave all of the rights and remedies available in law or in equity, including, but not limited to,all or any of the following rights and remedies, and the exercise or implementation of any oneor more of these rights and remedies shall not be a bar to the exercise or implementation of anyother rights or remedies of the City provided for under this Agreement:

(i) The City may refuse to issue any permits to Developer for the constructionof buildings or improvements on the Property;

(ii) The City may recover from Developer all damages, costs and expenses,including, but not limited to, reasonable attorneys’ fees incurred by the City related to orarising out of a Default;

(iii) The City may terminate or postpone its obligation to perform any one ormore of its obligations under this Agreement, including, but not limited to, any paymentobligations under the MRO; or

(iv) The City may terminate this Agreement.

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ARTICLE XI – SUCCESSORS AND ASSIGNS

11.1 Successors and Assigns; Assignment. This Agreement shall be binding upon thesuccessors and assigns of the parties hereto; however, this provision shall not constitute an authorizationof Developer to assign or transfer its rights and obligations under this Agreement. This Agreement shallnot be assigned by Developer without the prior written consent of the City, which consent may bewithheld for any reason.

ARTICLE XII – TERMINATION

12.1 Termination. This Agreement shall not terminate until the earlier of:

(a) termination by the City of the District pursuant to §66.1105(7) of the TI Act,

(b) the MRO being paid in full, or

(c) termination by the City pursuant to the terms of this Agreement;

however, and notwithstanding any provision herein to the contrary, the termination of this Agreementshall not cause a termination of the rights and remedies of the City under this Agreement.

ARTICLE XIII – NOTICES

13.1 Notices. Any notice given under this Agreement shall be deemed effective when: (a)personally delivered in writing; (b) a commercially recognized overnight delivery service providesconfirmation of delivery; or (c) the third day after notice is deposited with the United States PostalService (postage prepaid, certified with return receipt requested) and addressed as follows:

If to the City: If to Developer:

City of BarabooAttention: City Administrator101 South BoulevardBaraboo, WI 53913

JDJE, LLCAttention: [______________]230 Horizon Drive, Suite 102Verona, WI 53593

with a copy to: with a copy to::

Brion T. Winters, Esq.von Briesen & Roper, s.c.411 E. Wisconsin Ave., Suite 1000Milwaukee, WI 53202

Robert C. Procter, Esq.Axley Brynelson, LLP2 East Mifflin Street, Suite 200Madison, WI 53703

ARTICLE XIV – APPLICABLE LAW

14.1 Applicable Law. This Agreement shall be governed by and construed and enforced inaccordance with the laws of the State of Wisconsin. Any litigation related to this Agreement shall bebrought in the state courts of the State of Wisconsin and the parties hereto agree to submit to thejurisdiction and venue of the Circuit Court for Sauk County, Wisconsin.

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ARTICLE XV – MISCELLEANEOUS

15.1 Entire Agreement. This Agreement and all of the documents referenced herein orrelated hereto (as any of the aforementioned documents have been or may be amended, extended ormodified) embody the entire agreement between the parties relating to the transactions contemplatedunder this Agreement and all agreements, representations or understanding, whether oral or written, thatare prior or contemporaneous to this Agreement are superseded by this Agreement.

15.2 Amendment. No amendment, modification or waiver of any provision of thisAgreement, nor consent to any departure by a party from any provision of this Agreement shall in anyevent be effective unless it is in writing and signed by each of the parties hereto, and then such waiveror consent shall be effective only in the specific instance and for the specific purposes for which it isgiven by the respective party.

15.3 Invalid Provisions. The invalidity or unenforceability of a particular provision of thisAgreement shall not affect the other provisions, and this Agreement shall be construed in all respects asif such invalid or unenforceable provision were omitted.

15.4 Headings. The article and section headings of this Agreement are inserted forconvenience of reference only and are not to be construed as defining or limiting, in any way, the scopeor intent of the provisions hereof.

15.5 No Waiver; Remedies. No failure on the part of the City to exercise, and no delay inexercising, any right, power or remedy under this Agreement shall operate as a waiver of such right,power or remedy; nor shall any single or partial exercise of any right under this Agreement preclude anyother or further exercise of the right or the exercise of any other right. The remedies provided in thisAgreement are cumulative and not exclusive of any remedies provided by law.

15.6 No Third Party Beneficiaries. This Agreement is solely for the benefit of the namedparties hereto and their permitted assignees, and nothing contained in this Agreement shall confer uponanyone other than such parties any right to insist upon or enforce the performance or observance of anyof the obligations contained in this Agreement.

15.7 No Joint Venture. The City is not a partner, agent or joint venture of or with Developer.

15.8 Recording of a Memorandum of this Agreement Permitted. A memorandum of thisAgreement may be recorded by the City in the office of the Register of Deeds for Sauk County,Wisconsin, and, upon request of the City, Developer shall execute and deliver to the City a memorandumof this Agreement for recording purposes.

15.9 Force Majeure. If any party is delayed or prevented from timely performing any actrequired under this Agreement by reason of extraordinary and uncommon matters beyond the reasonablecontrol of the party obligated to perform, including (but not limited to) fire, earthquake, war, terroristact, pandemic, epidemic, flood, riot, or other similar causes, such act shall be excused for the period ofsuch delay, and the time for the performance of any such act shall be extended for a period equivalent tosuch delay; provided, however, that the time for performance shall not be extended by more than ninety(90) days unless agreed to in writing by the parties hereto.

15.10 Counterparts. This Agreement may be executed in any number of counterparts with thesame effect as if the signatures thereto and hereto were upon the same instrument. The parties hereto

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agree that electronic (.pdf files or otherwise) copies bearing signatures shall be binding upon receipt bythe other parties. If requested by a party, each party shall execute and deliver an original, hard-copyversion of this Agreement for each party’s permanent files.

[The remainder of this page is intentionally left blank with signature pages to follow.]

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Signature Page for Tax Incremental District Development Agreement

IN WITNESS WHEREOF, the parties have executed this Agreement as of the EffectiveDate.

CITY: CITY OF BARABOO

By: ______________________________________Name: Casey J. Bradley, City Administrator

Attest: ____________________________________Name: Brenda Zeman, City Clerk

DEVELOPER: JDJE, LLC

By: _______________________________________Name: ________________, ___________________

STATE OF WISCONSIN )) I

SAUK COUNTY )

Personally came before me this _____ day of ___________, 2022, the above named CaseyJ. Bradley and Brenda Zeman, the City Administrator and the City Clerk of the City of Baraboo,respectively, to me known to be the persons who executed the foregoing instrument andacknowledged the same.

Notary Public, WisconsinMy commission

STATE OF WISCONSIN )) I

______________ COUNTY )

Personally came before me this _____ day of _____________, 2022, the above named_______________, the __________________ of JDJE, LLC to me known to be the person whoexecuted the foregoing instrument and acknowledged the same.

Notary Public, WisconsinMy commission

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EXHIBIT A

EXHIBIT A

Property

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EXHIBIT B

EXHIBIT B

Franchise Agreement

[SEE ATTACHED.]

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EXHIBIT C

EXHIBIT C

MRO

UNITED STATES OF AMERICASTATE OF WISCONSIN

COUNTY OF SAUKCITY OF BARABOO

TAXABLE TAX INCREMENT PROJECT MUNICIPAL REVENUE OBLIGATION (“MRO”)

Number Date of Original Issuance Amount

____ ________________ $2,566,722.00

FOR VALUE RECEIVED, the City of Baraboo, Sauk County, Wisconsin (the “City”),promises to pay to S & L Hospitality, LLC, a Wisconsin limited liability company (the“Developer”), or registered assigns, but only in the manner, at the times, from the source ofrevenue and to the extent hereinafter provided, the principal amount of Two Million Five HundredSixty-Six Thousand Seven Hundred Twenty-Two and 00/100 Dollars ($2,566,722.00), withoutinterest.

This MRO shall be payable in installments of principal due on December 31 (the “PaymentDates”) in each of the years and in the amounts set forth on the debt service schedule attachedhereto as Schedule 1.

This MRO has been issued to finance projects within the City’s Tax Incremental DistrictNo. 11 (the “District”), pursuant to Article XI, Section 3 of the Wisconsin Constitution and Section66.0621, Wisconsin Statutes and acts supplementary thereto, and is payable only from the incomeand revenues herein described, which income and revenues have been set aside as a special fundfor that purpose and identified as the “Special Redemption Fund” provided for under theResolution adopted on ________________, 2022 by the City Council (the “Resolution”). ThisMRO is issued pursuant to the Resolution and pursuant to the terms and conditions of the TaxIncremental District Development Agreement dated as of [___________], 2022 among the Cityand Developer (the “Development Agreement”). This MRO does not constitute an indebtednessof the City within the meaning of any constitutional or statutory limitation or provision. This MROshall be payable solely from Available Tax Increments generated by the real estate, improvements,and any taxable personal property associated with the Property and appropriated by the CityCouncil to the payment of this MRO (the “Revenues”). Reference is hereby made to theResolution and the Development Agreement for a more complete statement of the revenues fromwhich and conditions and limitations under which this MRO is payable and the general covenantsand provisions pursuant to which this MRO has been issued. The Resolution and DevelopmentAgreement are incorporated herein by this reference. All capitalized terms that are not otherwisedefined in this MRO shall take on the meaning given to such terms in the Development Agreement.

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EXHIBIT C

If on any Payment Date there shall be insufficient Revenues appropriated to pay theprincipal due on this MRO, the amount due but not paid shall be deferred. The deferred principalshall be payable on the next Payment Date until the Final Payment Date (as defined below).Notwithstanding any provision herein to the contrary, the City shall have no obligation to pay anyamount of this MRO which remains unpaid after the Final Payment Date. The owner of this MROshall have no right to receive payment of any deferred amounts, unless there are availableRevenues which are appropriated by the City Council to payment of this MRO. If, in any calendaryear, the Revenues exceed the amount payable in that year on the MRO (“Surplus Increment”),the City may, subject to appropriation of such payment by the City Council, apply the SurplusIncrement to prepayment of principal on the MRO. The “Final Payment Date” is December 31,2039.

At the option of the City, this MRO may be prepaid in whole or in part at any time.

The City makes no representation or covenant (express or implied) that the Tax Incrementsor other Revenues will be sufficient to pay, in whole or in part, the amounts which are or maybecome due and payable hereunder.

The City’s payment obligations hereunder are subject to appropriation by the City Councilof Tax Increments or other amounts to make payments due on this MRO. In addition, as providedin Section 4.3 of the Development Agreement, the total amount of principal to be paid shall in noevent exceed Two Million Five Hundred Sixty-Six Thousand Seven Hundred Twenty-Two and00/100 Dollars ($2,566,722.00). When that amount of Revenue has been appropriated and appliedto payment of this MRO, the MRO shall be deemed to be paid in full and discharged, and the Cityshall have no further obligation with respect hereto. Further, as provided in Sections 4.1 and 4.3and ARTICLE X of the Development Agreement, the City shall have no obligation to makepayments on this MRO in the event Developer is in default beyond the applicable cure period(s)under any of the terms and conditions of the Development Agreement.

This MRO is a special, limited revenue obligation and not a general obligation of the Cityand is payable by the City only from the sources and subject to the qualifications stated orreferenced herein. This MRO is not a general obligation of the City, and neither the full faith andcredit nor the taxing powers of the City are pledged to the payment of the principal or interest ofthis MRO. Further, no property or other asset of the City, except the above-referenced Revenues,is or shall be a source of payment of the City’s obligations hereunder.

This MRO is issued by the City pursuant to, and in full conformity with, the Constitutionand laws of the State of Wisconsin.

This MRO may be transferred or assigned, in whole or in part, only with the consent of theCity, which may be withheld for any reason. Interests in this MRO may not be split, divided orapportioned. In order to transfer or assign the MRO, the transferee or assignee shall surrender thesame to the City either in exchange for a new, fully-registered municipal revenue obligation or fortransfer of this MRO on the registration records for the MRO maintained by the City. Eachpermitted transferee or assignee shall take this MRO subject to the foregoing conditions andsubject to all provisions stated or referenced herein and in the Development Agreement.

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EXHIBIT C

It is hereby certified and recited that all conditions, things and acts required by law to existor to be done prior to and in connection with the issuance of this MRO have been done, haveexisted and have been performed in due form and time.

IN WITNESS WHEREOF, the City Council of the City of Baraboo has caused this MROto be signed on behalf of the City by its duly qualified and acting City [_______] and City Clerk,and its corporate seal to be impressed hereon, all as of the date of original issue specified above.

CITY OF BARABOO

By: ______________________________________Name: ________________, City _______________

(SEAL)Attest: ____________________________________Name: Brenda Zeman, City Clerk

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EXHIBIT C

Schedule 1

Payment Schedule

Subject to the City’s actual receipt of Available Tax Increment and the terms and conditions of theDevelopment Agreement, the City shall make the following payments on the MRO to Developer:

Payment Date Payment Amount

December 31, 2024 $129,961

December 31, 2025 $162,451

December 31, 2026 $162,451

December 31, 2027 $162,451

December 31, 2028 $162,451

December 31, 2029 $162,451

December 31, 2030 $162,451

December 31, 2031 $162,451

December 31, 2032 $162,451

December 31, 2033 $162,451

December 31, 2034 $162,451

December 31, 2035 $162,451

December 31, 2036 $162,451

December 31, 2037 $162,451

December 31, 2038 $162,451

December 31, 2039 $162,447

===========TOTAL $2,566,722.00

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EXHIBIT C

REGISTRATION PROVISIONS

This MRO shall be registered in registration records kept by the City Clerk of the City of Baraboo,Sauk County, Wisconsin, such registration to be noted in the registration blank below and uponsaid registration records, and this MRO may thereafter be transferred only upon presentation ofthis MRO together with a written instrument of transfer approved by the City and duly executedby the registered owner or his/her/its attorney, such transfer to be made on such records andendorsed hereon.

Date of Registration Name of Registered Owner Signature of City Clerk

_______________________ ________________________ _______________________________________________ ________________________ _______________________________________________ ________________________ _______________________________________________ ________________________ _______________________________________________ ________________________ ________________________

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EXHIBIT D

EXHIBIT D

MEMBERS OF DEVELOPER

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NBR - 10



Background: City staff have been in discussion with Enterprise Fleet Management forthe past several months. Under their program, Enterprise coordinates the purchase andsale of vehicles in order to maintain a current and efficient fleet while maximizing resalevalue. They also offer an option to schedule and reimburse all regular maintenance,offering additional savings. The vendor has estimated their program could save the City$1,148,973 over our current fleet management practices over a 10-year period. Thisnumber could fluctuate given market conditions, but we anticipate that the savings justfrom improved fuel efficiency and timely maintenance would be significant.

After lengthy review, department heads have unanimously requested that we moveforward and transition our passenger vehicle fleet to this program. Each vehicle wouldrepresent an individual contract, so we could start with a small sample and increase ourparticipation as it proves successful.

The vendor’s saving estimate is projected on the city’s current fleet of 46 passengervehicles. CDA has requested adding an additional truck for their staff to utilize formaintenance needs. Currently their staff utilizes their own personal vehicles to do this.

This request would be for authorization of the City Administrator and City Clerk to executelease agreements with Enterprise Fleet Management and replacement of up to 47 vehicles.

Fiscal Note: [ ] Not Required [ x ] Budgeted Expenditure [X ] Not BudgetedComments:


The Common Council hereby authorizes the City Administrator and the City Clerk toexecute the necessary lease agreements with Enterprise Fleet Management for a total of upto 47 fleet vehicles. If the prices change more than 5% before all leases are executed, theCity Administrator will bring this back to council for further consideration.

Offered by: Approved:Motion:Second: Attest:

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Enterprise and the ‘e’ logo are registered trademarks of Enterprise Fleet Management, Inc. All other trademarks are the property of their respective owners.© 2020 Enterprise Fleet Management, Inc.

1

SUPPORT FLEET SYNOPSIS | City of Baraboo, WI

PREPARED FOR:

FLEET CONSULTANT PHONE EMAIL

Matt Jaskowiak (262) 442-2602 [email protected]

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2

THE SITUATION

Current fleet of 45 NON CDL Vehicles 31% of the light and medium duty fleet is currently 10 years or older

7.5 years is the current average age of the fleet

10 years – time it would take to cycle this entire segment of the City’s fleet at current acquisition rates

Older vehicles have higher fuel costs, maintenance costs and tend to be unreliable, causing increased downtime, highermaintenance costs, and loss of productivity.

17 different vehicle types that cover 45 total vehicles

THE OBJECTIVES

Identify an effective vehicle life cycle that maximizes potential equity at time of resale Shorten the current average vehicle life cycle from 10 years closer to 3.5 years

Provide a lower sustainable fleet cost that is predictable year over year

Significantly reduce Maintenance by up to an estimated 65%

Reduce the overall fuel spend through more fuel-efficient vehicles by an estimated 24% while improving the carbon footprint

Leverage an open-ended lease to maximize cash flow opportunities and recognize equity after sale of vehicles

Review program with dedicated local account team from Enterprise

Additional Benefits Improved Safety and Risk with newer vehicles and up to date safety technology

Less downtime and more time for city mechanics to focus on larger, more expensive vehicles/equipment/tasks

Replacing vehicles more frequently offers the best vehicles for the job and most cost-effective options consistently

Each department will have the perfect vehicle type for the application without having to hand me down

THE RESULTS

By partnering with Enterprise Fleet Management, the City of Baraboo will be better able to leverage its buying power, implement atighter controlled resale program to lower total cost of ownership and in turn minimize operational spend. Leveraging an open-endedlease maximizes cash flow and recognizes equity from vehicles sold creating an internal replacement fund. Furthermore, the City ofBaraboo will leverage Enterprise Fleet Management’s ability to sell vehicles at an average of 115% above the commercial/Black Bookvalue. By shifting from reactively replacing inoperable vehicles to proactively planning vehicle purchases, the City of Baraboo will havea much more sustainable and predictable budget moving forward.

M ajorFinancialFindings*: T heconceptsee’sthecity tosave$1.1 million overthenext10 years

o Includes,sellingcurrentvehicles,leasingnew vehicles,m aintenancesavings,andfuelsavings

o T hecity toshow yearinandyearout,sustainableannualsavingsof$49,000 com paredtothecurrent

city spendw ithoutthisprogram .

Assumes brand new upfit for every new truck per year its replaced

City to likely transfer materials/equipment from old truck to new truck per leaderships discretion

o O ver10 years,thecity shouldsee$400,000+ inharddollarm aintenancesavings

o O ver10 years,thecity shouldseeanear$220,000+ fuelsavings

*does not includes downtime savings from administrative benefits or productivity improvements

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FLEET PROFILE | CITY OF BARABOO106 of 195 106


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CITY OF BARABOO FLEET LIST107 of 195 107


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10 Year Cash Flow –2.5 Year Cycle | CITY OF BARABOO

2022/2023 NON-PD Menu Pricing | CITY OF BARABOO

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2022/2023 NON-PD Menu Pricing | CITY OF BARABOO109 of 195 109


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CASE STUDY –CITY OF WAUSAU110 of 195 110


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ACCOUNT MANAGEMENT

The City of Baraboo will have a dedicated, local account team to proactively manage and develop your fleet while delivering the highestlevel of customer service to facilitate your day-to-day needs.

Your dedicated Account Manager meets with you 2-3 times a year for both financial and strategic planning.

Your Account Manager will provide on-going analysis – this will include most cost-effective vehicle makes/models, cents per mile, total costof ownership, and replacement analysis.

TECHNOLOGY

Enterprise Fleet Management’s website provides vehicle tracking, reporting, and metrics. Our website can be customized to view awide range of data so that you may have a comprehensive and detailed look at all aspects of your fleet and the services provided. OurMobile App gives drivers all of the convenience and functionality they need.

• Consolidated Invoices - Includes lease, maintenance, and any additional ancillaries• Maintenance Utilization - Review the life-to-date maintenance per vehicle

• Recall Information - See which units have open recalls• License & Registration - See which plate renewals are being processed by Enterprise and view status• Alerts - Set customizable alerts for oil changes, lease renewals, license renewals, and billing data• Lifecycle Analysis - See data regarding all transactions for the lifecycle of the entire fleet, with drill-down capability to any specific lease

or transaction

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ENTERPRISE FLEET CLIENTS & REFERENCES

CURRENT PARTNERS:

REFERENCE:

Below is a list of at least two (2) client references including company name, contact person, and telephone number.

1. City: City of La Crosse

Business Phone #: (608) 789 7578

Contact Person: Valerie Fenske, Finance Director

2. City: City of Oak Creek

Business Phone #: (414) 766-7060

Contact Person: Andrew Vickers, City Administrator

Purchasing Cooperatives Enterprise is Partnered with:

TIPS/TAPS USA

SOURCEWELL

City of La Crosse

Marathon County

City of Manitowoc

City of Wausau

City of West Bend

Shawano County

City of Oak Creek

City of Ashland

City of Two Rivers

Dunn County

Buffalo County

Grant County

Polk County

La Crosse County

Oconto County

City of Sparta

Langlade County

City of Platteville

City of Green Bay

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S:\Council\Resolutions\2022 Resolutions\6-14-22 NBR-11 Budget Transfer Amendment.doc

NBR - 11RESOLUTION NO. 2022 - Dated: June 14, 2022


Background: The City is required by State Statute to notify the citizenry throughpublication in the official newspaper whenever budget amendments are approvedwithin 10 days of the amendment. Our practice is to identify budget amendments inthe fiscal commentary section of resolutions when spending authorizations aregranted. Therefore, the City Council could approve budget transfers as often asevery meeting.

To satisfy the legal requirement, we publish budget amendments after the FinanceCommittee and Common Council approvals.

Fiscal Note: (check one) [ ] Not Required [ x ] Budgeted Expenditure [ ]Not BudgetedComments: The 2022 City Budget provides for publishing expenditures.


That the following budget transfer amendment is authorizing the purchase ofbudget software “miBudget” as an addition to our CIVIC systems software suite. TheSoftware Purchase Agreement is attached in the amount of $5,875. The monetarytransfer is excess budget from Public Works and Engineering savings in salaries andwages due to unfilled positions.

Account Number Department Budget Debit/(Credit) Amended Budget Balance YTD

100-30-53100-120-000 General Fund - Mapping & Engineering Support - Engineering Wages 86,590.00 (2,937.50) 83,652.50 7,247.31

100-31-53230-120-000 General Fund - PW Operations - Street Department Wages 201,883.00 (2,937.50) 198,945.50 72,149.20

100-11-51500-250-000 General Fund - Finance - Finance Repair Main Serv Equip 17,000.00 5,875.00 22,875.00 14,790.11

Offered by: Finance/Personnel Comm. Approved:Motion:Second: Attest:

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Software Purchase Agreement

Civic Systems, LLC City of Baraboo 4807 Innovate Ln 135 4th Street P.O. Box 7398 Baraboo, WI 53913 Madison, WI 53707-7398

You agree to purchase the software and services detailed below and Civic Systems, LLC agrees to provide them. Payment is due upon execution of the contract unless other payment terms are negotiated. The information provided in this proposal is valid for 90 days from issue date.

INVESTMENT SUMMARY License Fee – miBudget

Setup (4 Hours @ $150/HR) Training (6 Hours @ $150/HR)

$ 3,500 600 900

TOTAL INVESTMENT $ 5,000

Annual Support $ 875 *Above amounts do not include travel costs.

SIGNATURE AGREEMENT The signatures below indicate each party’s acceptance of this agreement.

CITY OF BARABOO, WI Signature:

Title:

Date:

CIVIC SYSTEMS, LLC Signature:

Title:

Date:

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S:\Council\Ordinances\2022 ORDINANCES\6-14-22 Parking Regulation Ord 7.09.docx

N B O -1

TheC ityof B araboo,W isconsinB ackground: A t theirM ay23,2022meeting,heP ublicSafetyC ommitteeconsidereda request torestrict parkingon theeast sideof A sh Street from 4th Street to 5th Street from 2:00am –6:00am.Thew est sideof thisblockisrestrictedto parkingforFirepersonnelonly.

B yordinance7.09(3)(e)(5),theeast sideof the600blockof A sh Street isrestrictedto 4H ourP arking.A dditionally,thesouth half of theeast sideof the600blockof A sh Street isrestrictedto N o P arkingbyStateStatute346.52(1)(g)dueto itsprox imityto theFireD epartment entrance/ex it.Theeast sideof the600blockof A sh Street bordersthe“D ow ntow n Snow RemovalD istrict”,andisincludedintheP ublicW orksD epartmentsdow ntow n snow removalareaw hen snow removalisto beperformed.D ueto restrictedparkingon thew est sideof A sh Street,staff hasrecommendedtheremovalof the4H ourparking restriction on theeast sideof A sh Street and but add it to theareassubject to thenighttimeparkingrestrictionsfrom 2:00am –6:00am.

B ased on recommendationsfrom theC ityE ngineerand Street Superintendent,theC ommitteeunanimouslyrecommendedthat theC ommon C ouncilapprovethischange.

FiscalN ote:(check one) [x ]N ot Requ ired [ ]B udgetedE x penditure [ ]N ot B udgeted Comments:

A n O rdinanceamending §7.09(4)(a)and §7.09(3)(e)relating to parking restriction on A shStreet from 4th Street to 5th Street.

TH E C O M M O N C O UN C IL O F TH E C ITY O F B A RA B O O , W ISC O N SIN , D OO RD A IN A S FO L L O W S:

1. Section 7.09(4)(a)19isamendedasfollow s:

7.09P arkingRestrictions

(3)L IM ITE D TIM E P A RKIN G.Unlessspecificallyotherw iseprovided,betw een thehoursof 7:30A .M .and5:00P .M .,ex cept Saturdays,Sundays,andlegalholidaysunder§895.20W IStats.,no person shallparka vehicleforanylongerthan theperiodherein specifiedupon thefollow ingstreetsorportionsthereof:(193404/14/98,252005/28/19)

(e)FourH our.

(5.)A sh Street,from 4th Street to 5th Street.

(4)N IGH TTIM E P A RKIN G P RO H IB ITE D O N C E RTA IN STRE E TS.N o person shallpark,stoporleavestandinganyvehicle,w hetherattendedorunattended,betw een thehoursof 2:00A .M .and6:00A .M .on thefollow ingstreetsorportionsthereof:

(a)A sh Street,from 4th Street 5th Street to theB araboo River.

2. ThisO rdinanceshalltakeeffect upon passageandpublication asprovidedbylaw .

M ayor’sA pproval: ________________________

C lerk’sC ertification: ________________________

Iherebycertifythat theforegoingO rdinancew asdulypassedbytheC ommon C ouncilof theC ityof B araboo on the28th dayof June,2022andisrecordedon page______of volume______.

C ityC lerk: _________________________

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S:\Council\Resolutions\2022 Resolutions\6-14-2022 NBR-12 Fire&EMS Station Contract Reso with Wendel Five Bugle Design.docx

NBR - 12RESOLUTION NO. 2022 - Dated: June 14, 2022


Background The Council authorized staff to update and re-issue a Request for Proposal (RFP)for Planning and Design services for the Fire & EMS Building, which was sent to 27 prospectivearchitectural firms on February 14, 2022. Four Proposals were received on March 30th andthe Building Committee, consisting of Casey Bradley, Patrick Cannon, Kevin Stieve, Tom Pinion,Joel Petty, Caleb Johnson, and Tim Stieve, independently reviewed all Proposals. TheCommittee met on April 7th to collectively review them and has unanimously determined thatFive Bugles Design, a niche service under the Wendel Companies, offers the best expertise,services and approach for this project.

On April 12, 2022, the Council authorized the City Administrator to enter formal negotiationswith Five Bugles Design for a contract to provide the Planning and Design Services for a newFire & EMS Facility.

This Resolution seeks permission for the City Administrator and City Clerk to sign the standardAIA Agreement between the Owner and Architect for Planning and Design Services (Attached)for a percentage-based fee, 6.50%, if the cost of the work is at or less than $13,000,000 or6.00% if the cost of the work is above $13,000,000.

Fiscal Note: ( one) [ ] Not Required [ X ] Budgeted Expenditure [ ] Not BudgetedComments:

WHEREAS, the Selection Committee has unanimously determined that Five BuglesDesign, a niche service under the Wendel Companies umbrella, offers the best expertise,services and approach for the Planning and Design Services for a new Fire/EMS Building.

AND WHEREAS, On April 12, 2022, the City Administrator was authorized to enternegotiations with Five Bugles Design, a niche service under the Wendel Companies umbrella,for a contract to provide Planning and Design Services for the Fire/EMS Building, in accordancewith the provision of the RFP.

AND WHEREAS, The City Administrator has negotiated a percentage-based fee of6.50% if cost of the work is at or under $13,000,000 or 6.00% if the cost is above $13,000,000,not inclusive of reimbursables, with Five Bugles Design, a niche service under the WendelCompanies, as outlined in the attached AIA B101 - 2017, Standard Form of AgreementBetween Owner and Architect for Planning and Design Services for the Fire & EMS Building.

NOW, THEREFORE, BE IT RESOLVED the City Administrator and City Clerk areauthorized to execute an AIA B101 - 2017, Standard Form of Agreement Between Owner andArchitect for Planning and Design Services for the Fire & EMS Building.

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S:\Council\Resolutions\2022 Resolutions\6-14-2022 NBR-12 Fire&EMS Station Contract Reso with Wendel Five Bugle Design.docx

Offered by: Finance Committee Approved:

Motion:

Second: Attest:

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Document B101 - 2017Standard Form ofAgreement Between Owner and Architect

AGREEMENT made as of the 3rd day of June in the year two thousand twenty-two(In words, indicate day, month andyear.)

BETWEEN the Architect's client identified as the Owner:(Name, legal status, address and other information)

Owner:City ofBaraboo Community Development Authority (CDA)101 South BoulevardBaraboo, WI 53913

Lessee:City ofBaraboo101 South Blvd.Baraboo, WI 53913

and the Architect:(Name, legal status, address and other information)

Wendel Architecture, P.C.204 E. Grand Avenue, Suite 200Eau Claire, WI 5470 I

for the following Project:(Name, location and detailed description)

Baraboo Area Fire and EMS District Facility

The Owner and Architect agree as follows.

ADDITIONS AND DELETIONS:The author of this document hasadded information needed for itscompletion. The author may alsohave revised the text of the originalAIA standard form. An Additions andDeletions Report that notes addedinformation as well as revisions to thestandard form text is available fromthe author and should be reviewed. Avertical line in the left margin of thisdocument indicates where the authorhas added necessary informationand where the author has added to ordeleted from the original AIA text.

This document has important legalconsequences. Consultation with anattorney is encouraged with respectto its completion or modification.

lnit. AIA Document B101" - 2017. Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "AmericanInstitute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was 1produced by AIA software at 12:51 :51 ET on 06/03/2022 under Order No.2114250624 which expires on 10/30/2022, is not for resale, is licensed for one-time useonly, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail [email protected] Notes: (1934055522)

DocuSign Envelope ID: 90B08173-137D-47C0-856F-21A5A6491425

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TABLE OF ARTICLES

1 INITIAL INFORMATION

2 ARCHITECT'S RESPONSIBILITIES

3 SCOPE OF ARCHITECT'S BASIC SERVICES

4 SUPPLEMENTAL AND ADDITIONAL SERVICES

5 OWNER'S RESPONSIBILITIES

6 COST OF THE WORK

7 COPYRIGHTS AND LICENSES

8 CLAIMS AND DISPUTES

9 TERMINATION OR SUSPENSION

10 MISCELLANEOUS PROVISIONS

11 COMPENSATION

12 SPECIAL TERMS AND CONDITIONS

13 SCOPE OF THE AGREEMENT

ARTICLE 1 INITIAL INFORMATION§ 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1.(For each item in this section, insert the information or a statement such as "not applicable" or "unknown at time ofexecution.")

§ 1.1.1 The Owner's program for the Project:(Insert the Owner's program, identify documentation that establishes the Owner 's program, or state the manner inwhich theprogram will be developed.)

Design Services for a new Fire/EMS Building, including but not limited to: site planning, alternative development,programming, schematic design, design development, construction documents, bidding assistance and constructionadministration for a new Fire/EMS Building on a site located in the City ofBaraboo.

§ 1.1.2 The Project's physical characteristics:(Identify or describepertinent information about the Project's physical characteristics, such as size; location;dimensions; geotechnical reports; site boundaries; topographic surveys; traffic and utility studies; availability ofpublic andprivate utilities and services; legal description of the site, etc.)

See 1.1.1

§ 1.1.3 The Owner's budget for the Cost of the Work, as defined in Section 6.1:(Provide total and, if known, a line item breakdown.)

The anticipated budget for the project is $10 to $15 million dollars for the total project cost.

§ 1.1.4 The Owner's anticipated design and construction milestone dates:

AIA Document B101" - 2017. Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "AmericanInstitute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was 2produced by AIA software at 12:51 :51 ET on 06/03/2022 under Order No.2114250624 which expires on 10/30/2022, is not for resale, is licensed for one-time useonly, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail [email protected] Notes: (1934055522)


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.1 Design phase milestone dates, if any:

USDA Preliminary Design Report: June 17, 2022Schematic Design Complete: September 2022Design Development Complete: November 2022Construction Documents Complete: February 2023Project Bidding: February 2023

.2 Construction commencement date:

April 2023

.3 Substantial Completion date or dates:

May 2024

.4 Other milestone dates:

$ 1.1.5 The Owner intends the following procurement and delivery method for the Project:(Identify method such as competitive bid or negotiated contract, as well as any requirementsfor accelerated orfast-track design and construction, multiple bidpackages, or phased construction.)

Competitive Bid as provided under Wisconsin State Statues.

§ 1.1.6 The Owner's anticipated Sustainable Objective for the Project:(Identify and describe the Owner's Sustainable Objectivefor the Project, ifany.)

Not Applicable

§ 1.1.6.1 If the Owner identifies a Sustainable Objective, the Owner and Architect shall complete and incorporate A.IADocument E204™--2017, Sustainable Projects Exhibit, into this Agreement to define the terms, conditions andservices related to the Owner's Sustainable Objective. If E204-2017 is incorporated into this agreement, the Ownerand Architect shall incorporate the completed E2042017 into the agreements with the consultants and contractorsperforming services or Work in any way associated with the Sustainable Objective.

§ 1.1.7 The Owner identifies the following representative in accordance with Section 5.3:(List name, address, and other contact information.)

Lessor:Patrick Cannon, Executive DirectorCity ofBarbaoo Community Development Authority (CDA)101 South BoulevardBaraboo, WI 53913

Lessee:Casey Bradley, City AdministratorCity ofBaraboo101 South Blvd.Baraboo, WI 53913

§ 1.1.8 The persons or entities, in addition to the Owner's representative, who are required to review the Architect'ssubmittals to the Owner are as follows:



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(List name, address, and other contact information.)

§ 1.1.9 The Owner shall retain the following consultants and contractors:(List name, legal status, address, and other contact information.)

1 Geotechnical Engineer:

TBD, by Owner. RFP Assistance by Architect.

.2 Land Surveyor:


.3 Environmental Phase I and Phase II Professional:(List any other consultants and contractors retained by the Owner.)


§ 1.1.10 The Architect identifies the following representative in accordance with Section 2.3:(List name, address, and other contact information.)

Robert KrzyzanowskiWendel Architecture, P.C.204 E. Grand Avenue, Suite 200Eau Claire, WI 54701

§ 1.1.11 The Architect shall retain the consultants identified in Sections 1. 1.11.1 and 1.1.11.2:(List name, legal status, address, and other contact information.)

§ 1.1.11.1 Consultants retained under Basic Services:.1 Structural Engineer:

Northland Consulting Engineers101 S. 21Ave. W#IDuluth, MN 55806Telephone Number: 2 18-727-5995

.2 Mechanical & Electrical Engineer:

Wendel Architecture, P.C.204 E. Grand Avenue, Suite 200Eau Claire, WI 54701Telephone Number: 715-832-4848

AIA Document B101" - 2017. Copyright @ 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "AmericanInstitute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was 4produced by AIA software at 12:51 :51 ET on 06/03/2022 under Order No.2114250624 which expires on 10/30/2022, is not for resale, is licensed for one-time useonly, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail [email protected] Notes: (1934055522)


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.3 Civil Engineer:

JSD Professional Services161 Horizon Drive #101Verona, WI 53593Telephone Number: 608-848-5060

§ 1.1.11.2 Consultants retained under Supplemental Services:

Not Applicable

§ 1.1.12 Other Initial Information on which the Agreement is based:

Not Applicable

§ 1.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that the InitialInformation may materially change and, in that event, the Owner and the Architect shall appropriately adjust theArchitect's services, schedule for the Architect's services, and the Architect's compensation. The Owner shall adjustthe Owner's budget for the Cost of the Work and the Owner's anticipated design and construction milestones, asnecessary, to accommodate material changes in the Initial Information.

§ 1.3 The parties shall agree upon protocols governing the transmission and use ofInstruments ofService or any otherinformation or documentation in digital form. The parties will use AIA Document E203™-2013, BuildingInformation Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, andexchange of digital data.

§ 1.3.1 Any use of, or reliance on, all or a portion of a building information model without agreement to protocolsgoverning the use of, and reliance on, the information contained in the model and without having those protocols setforth in AIA Document E2037M_2013, Building Information Modeling and Digital Data Exhibit, and the requisiteAIA Document G202™-2013, Project Building Information Modeling Protocol Form, shall be at the using or relyingparty's sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributorsto, the building information model, and each of their agents and employees.

§ 1.4 Owner represents and warrants that it is financially solvent, able to pay its debts as they become due, andpossesses sufficient working capital to perform its obligations under this Agreement and under the ContractDocuments. TheArchitect may demand assurance in writing ofthe Owner's ability to satisfy the foregoing obligation,such as a certified statement of an accounting professional. The Owner's failure to provide such reasonableassurances shall be grounds for termination of this Agreement by the Architect.

ARTICLE 2 ARCHITECT'S RESPONSIBILITIES§ 2.1 The Architect shall provide professional services as set forth in this Agreement and as indicated in the attachedRFP dated February 2022 as modified. The Architect represents that it is properly licensed in thejurisdiction where theProject is located, and that the services required by this Agreement shall be performed by appropriately licenseddesign professionals.

$ 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided byarchitects practicing in the same or similar locality under the same or similar circumstances. The Architect shallperform its services as expeditiously as is consistent with such professional skill and care and the orderly progress ofthe Project. Notwithstanding any clause in the Agreement documents to the contrary, Architect expressly disclaims allexpress or implied warranties, guarantees or fiduciary obligations with respect to the performance ofprofessionalservices.

AIA Document B101'" - 2017. Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "AmericanInstitute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was 5produced by AIA software at 12:51:51 ET on 06/03/2022 under Order No.2114250624 which expires on 10/30/2022, is not for resale, is licensed for one-time useonly, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail [email protected] Notes: (1934055522)


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§ 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to theProject.

§ 2.4 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept anyemployment, interest or contribution that would reasonably appear to compromise the Architect's professionaljudgment with respect to this Project.

§ 2.5 The Architect shall maintain the following insurance until termination of this Agreement. Ifany of therequirements set forth below are in addition to the types and limits the Architect normally maintains, the Owner shallpay the Architect as set forth in Section 11.9.

§ 2.5.1 Commercial General Liability with policy limits ofnot less than two million dollars($ 2,000,000) for eachoccurrence and four million dollars($ 4,000,000) in the aggregate for bodily injury and property damage.

$ 2.5.2 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Architect with policylimits ofnot less than one million dollars ($ 1,000,000) per accident for bodily injury, death of any person, andproperty damage arising out of the ownership, maintenance and use of those motor vehicles, along with any otherstatutorily required automobile coverage.

§ 2.5.3 The Architect may achieve the required limits and coverage for Commercial General Liability and AutomobileLiability through a combination ofprimary and excess or umbrella liability insurance, provided such primary andexcess or umbrella liability insurance policies result in the same or greater coverage as the coverages required underSections 2.5.1 and 2.5.2, and in no event shall any excess or umbrella liability insurance provide narrower coveragethan the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through theactual payment by the underlying insurers.

§ 2.5.4Workers' Compensation at statutory limits.

§ 2.5.5 Employers' Liability with policy limits not less than one million dollars($ 1,000,000) each accident, onemillion dollars($ 1,000,000) each employee, and one million dollars($ 1,000,000) policy limit.

$ 2.5.6 Professional Liability covering negligent acts, errors and omissions in the performance ofprofessional serviceswith policy limits ofnot less than five million dollars($ 5,000,000) per claim and five million dollars($ 5,000,000) inthe aggregate.

$ 2.5.7 Additional Insured Obligations. To the fullest extent permitted by law, the Architect shall cause the primary andexcess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as anadditional insured for claims caused in whole or in part by the Architect's negligent acts or omissions. The additionalinsured coverage shall be primary and non-contributory to any of the Owner's insurance policies and shall apply toboth ongoing and completed operations.

§ 2.5.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with therequirements in this Section 2.5.

ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES$ 3.1 The Architect's Basic Services consist of those described in this Article 3 and include usual and customarystructural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Supplemental orAdditional Services.

§ 3.1.1 The Architect shall manage the Architect's services, research applicable design criteria, attend Projectmeetings, communicate with members of the Project team, and report progress to the Owner.

§ 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner'sconsultants. The Architect shall be entitled to rely on, and shall not be responsible for, the accuracy, completeness, andtimeliness of, services and information furnished by the Owner and the Owner's consultants. The Architect shall

AIA Document B101" - 2017. Copyright 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "AmericanInstitute of Architects," "AIA," the AIA Logo, and "AIAContract Documents" are registered trademarks and may not be used without permission. This document was 6produced by AIA software at 12:51 :51 ET on 06/03/2022 under Order No.2114250624 which expires on 10/30/2022, is not for resale, is licensed for one-time useonly, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail [email protected] Notes: (1934055522)


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provide prompt written notice to the Owner if the Architect becomes aware of any error, omission, or inconsistency insuch services or information.

§ 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit for the Owner's approval aschedule for the performance of the Architect's services. The schedule initially shall include anticipated dates for thecommencement of construction and for Substantial Completion of the Work as set forth in the Initial Information. Theschedule shall include allowances for periods of time required for the Owner's review, for the perfonnance of theOwner's consultants, and for approval of submissions by authorities having jurisdiction over the Project. Onceapproved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded bythe Architect or Owner. With the Owner's approval, the Architect shall adjust the schedule, if necessary, as the Projectproceeds until the commencement of construction.

§ 3.1.4 The Architect shall not be responsible for an Owner's directive or substitution, or for the Owner's acceptanceof non-conforming Work, made or given without the Architect's written approval.

§ 3.1.5 The Architect shall contact governmental authorities required to approve the Construction Documents andentities providing utility services to the Project. The Architect shall respond to applicable design requirementsimposed by those authorities and entities.

§ 3.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documentsrequired for the approval of governmental authorities having jurisdiction over the Project.

§ 3.2 Schematic Design Phase Services§ 3.2.1 The Architect shall review the program and other information furnished by the Owner, and shall review laws,codes, and regulations applicable to the Architect's services.

§ 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner's program, schedule, budget for the Cost ofthe Work, Project site, the proposed procurement and delivery method, and other Initial Information, each in terms ofthe other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (1) any inconsistenciesdiscovered in the information, and (2) other information or consulting services that may be reasonably needed for theProject.

§ 3.2.3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owneralternative approaches to design and construction of the Project. The Architect shall reach an understanding with theOwner regarding the requirements of the Project.

§ 3.2.4Based on the Project requirements agreed upon with the Owner, the Architect shall prepare and present, for theOwner's approval, a preliminary design illustrating the scale and relationship of the Project components.

$ 3.2.5 Based on the Owner's approval of the preliminary design, the Architect shall prepare Schematic DesignDocuments for the Owner's approval. The Schematic Design Documents shall consist of drawings and otherdocuments including a site plan, if appropriate, and preliminary building plans, sections and elevations; and mayinclude some combination of study models, perspective sketches, or digital representations. Preliminary selections ofmajor building systems and construction materials shall be noted on the drawings or described in writing.

§ 3.2.5.1 If the Owner identified a Sustainable Objective in Article 1.1.6, the Architect shall consider sustainabledesign alternatives, such as material choices and building orientation, together with other considerations based onprogram and aesthetics, in developing a design that is consistent with the Owner's program, schedule and budget forthe Cost of the Work. The Owner may obtain more advanced sustainable design services as a Supplemental Serviceunder Section 4.1.1.

§ 3.2.5.2 The Architect shall consider the value of alternative materials, building systems and equipment, togetherwith other considerations based on program and aesthetics, in developing a design for the Project that is consistentwith the Owner's program, schedule, and budget for the Cost of the Work.

AIA Document B101" - 2017. Copyright @ 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "AmericanInstitute of Architects," "AIA, " the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was 7produced by AIA software at 12:51:51 ET on 06/03/2022 under Order No.2114250624 which expires on 10/30/2022, is not for resale, is licensed for one-time useonly, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail [email protected] Notes: (1934055522)


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§ 3.2.6 The Architect shall submit to the Owner an estimate of the Cost of the Work prepared in accordance withSection 6.3.

§ 3.2.7 The Architect shall submit the Schematic Design Documents to the Owner, and request the Owner's approval.

§ 3.3 Design Development Phase Services§ 3.3.1 Based on the Owner's approval of the Schematic Design Documents, and on the Owner's authorization of anyadjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare DesignDevelopment Documents for the Owner's approval. The Design Development Documents shall illustrate and describethe development of the approved Schematic Design Documents and shall consist of drawings and other documentsincluding plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fixand describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, andother appropriate elements. The Design Development Documents shall also include outline specifications that identifymajor materials and systems and establish, in general, their quality levels.

§ 3.3.2 The Architect shall update the estimate of the Cost of the Work prepared in accordance with Section 6.3.

§ 3.3.3 The Architect shall submit the Design Development Documents to the Owner, advise the Owner of anyadjustments to the estimate of the Cost of the Work, and request the Owner's approval.

§ 3.4 Construction Documents Phase Services§ 3.4.1 Based on the Owner's approval of the Design Development Documents, and on the Owner's authorization ofany adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepareConstrnction Documents for the Owner's approval. The Constrnction Documents shall illustrate and describe thefurther development of the approved Design Development Documents and shall consist of Drawings andSpecifications setting forth in detail the quality levels and performance criteria of materials and systems and otherrequirements for the construction of the Work. The Owner and Architect acknowledge that, in order to perform theWork, the Contractor will provide additional information, including Shop Drawings, Product Data, Samples and othersimilar submittals, which the Architect shall review in accordance with Section 3.6.4.

§ 3.4.2 The Architect shall incorporate the design requirements of governmental authorities having jurisdiction overthe Project into the Constrnction Documents.

§ 3.4.3 During the development of the Construction Documents, the Architect shall assist the Owner in thedevelopment and preparation of ( 1) procurement information that describes the time, place, and conditions of bidding,including bidding or proposal forms; (2) the form of agreement between the Owner and Contractor; and (3) theConditions of the Contract for Construction (General, Supplementary and other Conditions). The Architect shall alsocompile a project manual that includes the Conditions of the Contract for Construction and Specifications, and mayinclude bidding requirements and sample forms.

§ 3.4.4 The Architect shall update the estimate for the Cost of the Work prepared in accordance with Section 6.3.

§ 3.4.5 The Architect shall submit the Construction Documents to the Owner, advise the Owner of any adjustments tothe estimate of the Cost of the Work, take any action required under Section 6.5, and request the Owner's approval.

$3.4.6 The Owner and Architect acknowledge that the Construction Documents prepared by the Architect willgenerally describe the intended scope of work for the Project, and that the Contractor (engaged by the Owner toconstruct the Project) shall be required to provide only those services that are expressly required by the ContractDocuments or are reasonably inferable from such documents as being necessary to produce the intended results.Consequently, the need may arise during the course of construction to adjust the Contract for Constrnction to reflectthe cost of items that are not consistent with or reasonably inferable from the Contract Documents. In accordance withparagraphs 5.2 and 6.3, the Owner shall maintain a reasonable amount of contingency monies to pay for change ordersto the Contract for Construction and other contingencies which impact the Project cost including, but not limited to,unforeseen conditions, and such items as changes to the program or scope of the Project, items of additional value thatare not included in or may not be reasonably inferable from the Contract Documents, and adjustments to allowancecost items carried in the Project budget or the Contractor's bid amount. If any required item or component of the

AIA Document B101" - 2017. Copyright 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "AmericanInstitute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was 8produced by AIA software at 12:51:51 ET on 06/03/2022 under Order No.2114250624 which expires on 10/30/2022, is not for resale, is licensed for one-time useonly, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail [email protected] Notes: (1934055522)


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Project is omitted from the Construction Documents, the Architect shall not be responsible for the cost ofadding suchitem or component to the extent that such item or component would have been otherwise necessary to the Project oradds betterment or value to the Project. In no event will the Architect be responsible for any cost or expense thatprovides betterment, upgrade or enhancement to the Project.

§ 3.5 Procurement Phase Services§ 3.5.1 GeneralThe Architect shall assist the Owner in establishing a list ofprospective contractors. Fo11owing the Owner's approvalof the Construction Documents, the Architect sha11 assist the Owner in (1) obtaining either competitive bids ornegotiated proposals; (2) confirming responsiveness ofbids or proposals; (3) determining the successful bid orproposal, ifany; and, (4) awarding and preparing contracts for construction.

§ 3.5.2 Competitive Bidding§ 3.5.2.1 Bidding Documents shall consist ofbidding requirements and proposed Contract Documents.

§ 3.5.2.2 The Architect shall assist the Owner in bidding the Project by:.1 facilitating the distribution ofBidding Documents to prospective bidders;.2 organizing and conducting a pre-bid conference for prospective bidders;.3 preparing responses to questions from prospective bidders and providing clarifications and

interpretations of the Bidding Documents to the prospective bidders in the form of addenda; and,.4 organizing and conducting the opening of the bids, and subsequently documenting and distributing the

bidding results, as directed by the Owner.

§ 3.5.2.3 Jfthe Bidding Documents permit substitutions, upon the Owner's written authorization, the Architect shall,as an Additional Service, consider requests for substitutions and prepare and distribute addenda identifying approvedsubstitutions to all prospective bidders.

§ 3.5.3 Negotiated Proposals§ 3.5.3.1 Proposal Documents sha11 consist of proposal requirements and proposed Contract Documents.

§ 3.5.3.2 The Architect shall assist the Owner in obtaining proposals by:.1 facilitating the distribution ofProposal Documents for distribution to prospective contractors and

requesting their return upon completion of the negotiation process;.2 organizing and participating in selection interviews with prospective contractors;.3 preparing responses to questions from prospective contractors and providing clarifications and

interpretations of the Proposal Documents to the prospective contractors in the fonn of addenda; and,.4 participating in negotiations with prospective contractors, and subsequently preparing a summary

report of the negotiation results, as directed by the Owner.

$ 3.5.3.3 If the Proposal Documents permit substitutions, upon the Owner's written authorization, the Architect shallconsider requests for substitutions and prepare and distribute addenda identifying approved substitutions to a11prospective contractors.

§ 3.6 Construction Phase Services§ 3.6.1 General§ 3.6.1.1 The Architect sha11 provide administration ofthe Contract between the Owner and the Contractor as set forthbelow and in AIA Document A201™-2007, General Conditions of the Contract for Construction. Ifthe Owner andContractor modify AJA Document A201-2007, those modifications shall not affect the Architect's services under thisAgreement unless the Owner and the Architect amend this Agreement.

§ 3.6.1.2 The Architect sha11 advise and consult with the Owner during the Construction Phase Services. The Architectshall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shallnot have control over, charge of, or responsibility for the construction means, methods, techniques, sequences orprocedures, or for safety precautions and programs in connection with the Work, nor sha11 the Architect be responsiblefor the Contractor's failure to perform the Work in accordance with the requirements ofthe Contract Documents. TheArchitect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge

AIA Document B101" - 2017. Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "AmericanInstitute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was 9produced by AIA software at 12:51:51 ET on 06/03/2022 under Order No.2114250624 which expires on 10/30/2022, is not for resale, is licensed for one-time useonly, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail [email protected] Notes: (1934055522)


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of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performingportions of the Work.

§ 3.6.1.3 Subject to Section 4.2 and except as provided in Section 3.6.6.5, the Architect's responsibility to provideConstruction Phase Services commences with the award of the Contract for Construction and terminates on the datethe Architect issues the final Certificate for Payment.

§ 3.6.2 Observations of the Work§ 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise requiredin Section 4.2.3, to become generally familiar with the progress and quality of the portion of the Work completed, andto determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fullycompleted, will be in accordance with the Contract Documents. However, the Architect shall not be required to makeexhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits,the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Workcompleted, and promptly report to the Owner (1) known deviations from the Contract Documents, (2) knowndeviations from the most recent construction schedule submitted by the Contractor, and (3) defects and deficienciesobserved in the Work.

§ 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. Wheneverthe Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or testingof the Work in accordance with the provisions of the Contract Documents, whether or not the Work is fabricated,installed or completed. However, neither this authority of the Architect nor a decision made in good faith either toexercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor,Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work.

§ 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, theContract Documents on written request of either the Owner or Contractor. The Architect's response to such requestsshall be made in writing within any time limits agreed upon or otherwise with reasonable promptness.

§ 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of, and reasonably inferablefrom, the Contract Documents and shall be in writing or in the form of drawings. When making such interpretationsand decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall notshow partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. TheArchitect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in theContract Documents.

§ 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that termis defined in AIA Document A201-2007, the Architect shall render initial decisions on Claims between the Owner andContractor as provided in the Contract Documents.

§ 3.6.3 Certificates for Payment to Contractor§ 3.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in suchamounts. The Architect's certification for payment shall constitute a representation to the Owner, based on theArchitect's observation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor'sApplication for Payment, that, to the best of the Architect's knowledge, information and belief, the Work hasprogressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and that theContractor is entitled to payment in the amount certified. The foregoing representations are subject to (1) anobservation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) results ofsubsequent tests and inspections, (3) correction ofminor deviations from the Contract Documents prior to completion,and (4) specific qualifications expressed by the Architect. The Architect's certification on the Certificate for Paymentshall be that the percentages ofWork shown on the application are completed, to the best of the Architect'sknowledge, information and belief. No judgment is made by the Architect as to the value of the Work or the value ofuncompleted Work.

§ 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (I) madeexhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction

AIA Document B101" - 2017. Copyright 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "AmericanInstitute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was 1 Oproduced by AIA software at 12:51:51 ET on 06/03/2022 under Order No.2114250624 which expires on 10/30/2022, is not for resale, is licensed for one-time useonly, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail [email protected] Notes: (1934055522)


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means, methods, techniques, sequences or procedures, (3) reviewed copies ofrequisitions received fromSubcontractors and suppliers and other data requested by the Owner to substantiate the Contractor's right to payment,or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the ContractSum.

§ 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment.

§ 3.6.4 Submittals§ 3.6.4.1 The Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or withholdapproval of the schedule. The Architect's action in reviewing submittals shall be taken in accordance with theapproved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness whileallowing sufficient time, in the Architect's professional judgment, to permit adequate review.

§ 3.6.4.2 The Architect shall review and approve, or take other appropriate action upon, the Contractor's submittalssuch as Shop Drawings, Product Data and Samples, but only for the limited purpose ofchecking for conformance withinformation given and the design concept expressed in the Contract Documents. Review of such submittals is not forthe purpose ofdetermining the accuracy and completeness of other information such as dimensions, quantities, andinstallation or performance ofequipment or systems, which are the Contractor's responsibility. The Architect's reviewshall not constitute approval of safety precautions or construction means, methods, techniques, sequences orprocedures. The Architect's approval ofa specific item shall not indicate approval ofan assembly ofwhich the item isa component.

§ 3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services orcertifications by a design professional related to systems, materials, or equipment, the Architect shall specify theappropriate performance and design criteria that such services must satisfy. The Architect shall review Shop Drawingsand other submittals related to the Work designed or certified by the Contractor's design professional, provided thesubmittals bear such professional's seal and signature when submitted to the Architect.

The Architect's review shall be for the limited purpose of checking for conformance with information given and thedesign concept expressed in the Contract Documents. The Architect shall notify the Owner and the Contractor of anyinconsistencies discovered by the review. The Architect shall be entitled to rely upon, and shall not be responsible for,the adequacy and accuracy of the services, certifications, and approvals performed or provided by such designprofessionals.

§ 3.6.4.4 Subject to Section 4.2, the Architect shall review and respond to requests for information about the ContractDocuments. The Architect shall set forth, in the Contract Documents, the requirements for requests for information.Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawingsor Specifications in need ofclarification and the nature of the clarification requested. The Architect's response to suchrequests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. Ifappropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to therequests for information.

§ 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor inaccordance with the requirements of the Contract Documents.

§ 3.6.5 Changes in the Work§ 3.6.5.1 The Architect may order minor changes in the Work that are consistent with the intent of the ContractDocuments and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Subject toSection 4.2, the Architect shall prepare Change Orders and Construction Change Directives for the Owner's approvaland execution in accordance with the Contract Documents.

§ 3.6.5.2 The Architect shall maintain records relative to changes in the Work.

§ 3.6.6 Project Completion§ 3.6.6.1 The Architect shall:



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.1 conduct inspections to determine the date or dates of Substantial Completion and the date of finalcompletion;

.2 issue Certificates of Substantial Completion;

.3 forward to the Owner, for the Owner's review and records, written warranties and related documentsrequired by the Contract Documents and received from the Contractor; and,

.4 issue a final Certificate for Payment based upon a final inspection indicating that, to the best of theArchitect's knowledge, information, and belief, the Work complies with the requirements of theContract Documents.

$ 3.6.6.2 The Architect's inspections shall be conducted with the Owner to check conformance of the Work with therequirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by theContractor ofWork to be completed or corrected.

§ 3.6.6.3When Substantial Completion has been achieved, the Architect shall inform the Owner about the balance ofthe Contract Sum remaining to be paid the Contractor, including the amount to be retained from the Contract Sum, ifany, for final completion or correction of the Work.

$ 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractor: (I)consent of surety or sureties, if any, to reduction in or partial release ofretainage or the making of final payment; (2)affidavits, receipts, releases and waivers of liens, or bonds indemnifying the Owner against liens; and (3) any otherdocumentation required of the Contractorunder the Contract Documents.

§ 3.6.6.5Upon request of the Owner, and prior to the expiration ofone year from the date of Substantial Completion,the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facilityoperations and performance.

ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES§ 4.1 Supplemental Services§ 4.1.1 The services listed below are not included in Basic Services but may be required for the Project. The Architectshall provide the listed Supplemental Services only if specifically designated in the table below as the Architect'sresponsibility, and the Owner shall compensate the Architect as provided in Section 1 1.2. Unless otherwisespecifically addressed in this Agreement, ifneither the Owner nor the Architect is designated, the parties agree that thelisted Supplemental Service is not being provided for the Project.(Designate the Architect's Supplemental Services and the Owner's Supplemental Services requiredfor the Project byindicating whether the Architect or Owner shall be responsiblefor providing the identified Supplemental Service.Insert a description of the Supplemental Services in Section 4. 1. 2 below or attach the description ofservices as anexhibit to this Agreement.)

Supplemental Services Responsibility(Architect, Owner, or not provided)

$ 4.1.1.1 Programming Architect, Included in Basic Services

§ 4.1.1.2 Multiple preliminary designs Architect, Included in Basic Services

$ 4.1.1.3 Measured drawings Not Provided

$ 4.1.1.4 Existing facilities surveys Not Provided

$ 4.1.1.5 Site evaluation and planning Architect, Included in Basic Services$ 4.1.1.6 Building Information Model management Not Provided

responsibilities§ 4.1.1.7 Development ofBuilding Information Models for Not Provided

post construction use§ 4.1.1.8 Civil engineering Architect, Included in Basic Services

$ 4.1.1.9 Landscape design Architect, Included in Basic Services

§ 4.1.1.10 Architectural interior design Architect, Included in Basic Services

$ 4.1.1.11 Value analysis Architect, Included in Basic Services

AIA Document B101" - 2017. Copyright @ 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "AmericanInstitute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was 12produced by AIA software at 1251:51 ET on 06/03/2022 under Order No.2114250624 which expires on 10/30/2022, is not for resale, is licensed for one-time useonly, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail [email protected] Notes: (1934055522)


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Supplemental Services Responsibility(Architect, Owner, or not provided)

§ 4.1.1.12 Detailed cost estimating beyond that Architect, Included in Basic Servicesrequired in Section 6.3

$ 4.1.1.13 On-site project representation Not Provided

$ 4.1.1.14 Conformed documents for construction Not Provided

6 4.1.1.15 As-designed record drawings Architect, Included in Basic Services

§ 4.1.1.16 As-constructed record drawings Architect, Included in Basic Services

$ 4.1.1.17 Post-occupancy evaluation Architect, Included in Basic Services

$ 4.1.1.18 Facility support services Not Provided

$ 4.1.1.19 Tenant-related services Not Provided§ 4.1.1.20 Architect's coordination of the Owner's Architect, Included in Basic Services

consultants$ 4.1.1.21 Telecommunications/data design Architect, Included in Basic Services

Architect, Included in Basic Services for$ 4.1.1.22 Security evaluation and planning Coordination with Owner's System Providers$ 4.1.1.23 Commissioning Not Provided§ 4.1.1.24 Sustainable Project Services pursuant to Section Not Provided

4.1.3$ 4.1.1.25 Fast-track design services Not Provided

$ 4.1.1.26 Multiple bid packages Not Provided

$ 4.1.1.27 Historic preservation Not ProvidedOwner, Architect to Assist with Owner's

$ 4.1.1.28 Furniture, furnishings, and equipment design Consultants.$ 4.1.1.29 Other services provided by specialty Consultants Not Provided

$ 4.1.1.30 Other Supplemental Services Not Provided

$ 4.1.1.31 City approval process Refer to Section 4.1.2.2.

§ 4.1.2 Description of Supplemental Services§ 4.1.2.1 A description of each Supplemental Service identified in Section 4.1.1 as the Architect's responsibility isprovided below.(Describe in detail the Architect's Supplemental Services identified in Section 4.1.1 or, ifsetforth in an exhibit,identify the exhibit. The AJA publishes a number ofStandard Form ofArchitect's Services documents that can beincluded as an exhibit to describe the Architect's Supplemental Services.)

§ 4.1.2.2 City Approval Process:The Architect will provide a maximum of 5 meetings to support approval processes for the City/Town. This workcould include, but not limited to, Planning Board, Zoning Board, City/Town Board meetings, workshop meetingsand/or neighborhood association meetings.

The Owner shall compensate the Architect on an hourly basis for all additional work beyond the 5 meetings for anyother meetings for the City/Town approval process. This work could include, but not be limited to, Planning Board,Zoning Board, City/Town Board meetings, workshop meetings and neighborhood association meetings. Anyadditional services will be approved prior to such meetings and/or requests by the Owner's designated representative.

$ 4.1.2.3A description ofeach Supplemental Service identified in Section 4.1.1 as the Owner's responsibility isprovided below.(Describe in detail the Owner's Supplemental Services identified in Section 4.1.1 or, ifsetforth in an exhibit, identifythe exhibit.)



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§ 4.1.3 Ifthe Owner identified a Sustainable Objective in Article 1, the Architect shall provide, as a SupplementalService, the Sustainability Services required in AIA Document E204M2017, Sustainable Projects Exhibit, attachedto this Agreement. The Owner shall compensate the Architect as provided in Section 11.2.

$ 4.2 Architect's Additional ServicesThe Architect may provide Additional Services after execution of this Agreement without invalidating the Agreement.Except for services required due to the fault ofthe Architect, any Additional Services provided in accordance with thisSection 4.2 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in theArchitect's schedule.

§ 4.2.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Ownerwith reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall notproceed to provide the following Additional Services until the Architect receives the Owner's written authorization:

.1 Services necessitated by a change in the Initial Information, previous instructions or approvals given bythe Owner, or a material change in the Project including size, quality, complexity, the Owner'sschedule or budget for Cost of the Work, or procurement or delivery method;

.2 Services necessitated by the enactment or revision ofcodes, laws, or regulations, including changing orediting previously prepared Instruments of Service;

.3 Changing or editing previously prepared Instruments ofService necessitated by official interpretationsof applicable codes, laws or regulations that are either (a) contrary to specific interpretations by theapplicable authorities having jurisdiction made prior to the issuance of the building permit, or (b)contrary to requirements of the Instruments of Service when those Instruments of Service wereprepared in accordance with the applicable standard of care;

.4 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure ofperformance on the part of the Owner or the Owner's consultants or contractors;

.5 Preparing digital models or other design documentation for transmission to the Owner's consultantsand contractors, or to other Owner-authorized recipients;

.6 Preparation ofdesign and documentation for alternate bid or proposal requests proposed by the Owner;

.7 Preparation for, and attendance at, a public presentation, meeting or hearing;

.8 Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except wherethe Architect is party thereto;

.9 Evaluation of the qualifications of entities providing bids or proposals;

.10 Consultation concerning replacement ofWork resulting from fire or other cause during construction;or,

.11 Assistance to the Initial Decision Maker, if other than the Architect.

§ 4.2.2 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notifythe Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If, uponreceipt of the Architect's notice, the Owner determines that all or parts ofthe services are not required, the Owner shallgive prompt written notice to the Architect of the Owner's determination. The Owner shall compensate the Architectfor the services provided prior to the Architect's receipt of the Owner's notice.

. 1 Reviewing a Contractor's submittal out of sequence from the submittal schedule approved by theArchitect;

.2 Responding to the Contractor's requests for information that are not prepared in accordance with theContract Documents or where such information is available to the Contractor from a careful study andcomparison of the Contract Documents, field conditions, other Owner-provided information,Contractor-prepared coordination drawings, or prior Project correspondence or documentation;

.3 Preparing Change Orders and Construction Change Directives that require evaluation ofContractor'sproposals and supporting data, or the preparation or revision of Instruments of Service;

.4 Evaluating an extensive number ofClaims as the Initial Decision Maker; or,

.5 Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions toInstruments of Service resulting therefrom.

. 6 The Owner agrees to include a provision in the Contract(s) for Construction that the Contractor(s) willreview any requests for information (RFis) submitted by subcontractors prior to submission to the

AIA Document B101" -2017. Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "AmericanInstitute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was 14produced by AIA software at 12:51:51 ET on 06/03/2022 under Order No.2114250624 which expires on 10/30/2022, is not for resale, is licensed for one-time useonly, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail [email protected] Notes: (1934055522)


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Architect to ensure such RFJs are not already clearly and unambiguously answered in the ContractDocuments. The Owner shall look to the Contractor for reimbursement for the Architect's time andexpenses in reviewing RFis which are already clearly answered or inferable from the ContractDocuments in accordance with the Architect's standard rates. In the event of a disagreement over suchcompensation, the judgment of the Owner's representative shall prevail.

§ 4.2.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as AdditionalServices. When the limits below are reached, the Architect shall notify the Owner:

.1 Two ( 2 ) reviews of each Shop Drawing, Product Data item, sample and similar submittals of theContractor

.2 Twenty-Six ( 26 ) visits to the site by the Architect during constrnction

.3 One ( 1 ) inspections for any portion of the Work to detennine whether such portion of the Work issubstantially complete in accordance with the requirements of the Contract Documents

.4 Two ( 2 ) inspections for any portion of the Work to determine final completion.

(Paragraphs deleted)ARTICLE 5 OWNER'S RESPONSIBILITIES§ 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely mannerregarding requirements for and limitations on the Project, including a written program, which shall set forth theOwner's objectives; schedule; constraints and criteria, including space requirements and relationships; flexibility;expandability; special equipment; systems; and site requirements.

§ 5.2 The Owner shall establish the Owner's budget for the Project, including (1) the budget for the Cost of the Workas defined in Section 6.1; (2) the Owner's other costs; and, (3) reasonable contingencies related to all of these costs.The Owner shall update the Owner's budget for the Project as necessary throughout the duration of the Project untilfinal completion. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, theOwner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding change in theProject's scope and quality.

§ 5.3 The Owner shall identify a representative authorized to act on the Owner's behalfwith respect to the Project. TheOwner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonabledelay in the orderly and sequential progress of the Architect's services.

§ 5.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for thesite of the Project, and a written legal description of the site. The surveys and legal information shall include, asapplicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands;adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries andcontours of the site; locations, dimensions, and other necessary data with respect to existing buildings, otherimprovements and trees; and information concerning available utility services and lines, both public and private,above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Projectbenchmark.

§ 5.5 The Owner shall furnish services ofgeotechnical engineers, which may include test borings, test pits,determinations ofsoil bearing values, percolation tests, evaluations ofhazardous materials, seismic evaluation, groundcorrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with writtenreports and appropriate recommendations.

§ 5.6 The Owner shall provide the Supplemental Services designated as the Owner's responsibility in Section 4.1.1.

§ 5.7 If the Owner identified a Sustainable Objective in Article 1, the Owner shall fulfill its responsibilities as requiredin AJA Document E204™-2017, Sustainable Projects Exhibit, attached to this Agreement.

§ 5.8 The Owner shall coordinate the services of its own consultants with those services provided by the Architect.Upon the Architect's request, the Owner shall furnish copies of the scope of services in the contracts between theOwner and the Owner's consultants. The Owner shall furnish the services ofconsultants other than those designated asthe responsibility of the Architect in this Agreement, or authorize the Architect to furnish them as an Additional

AIA Document B101"- 2017. Copyright @ 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "AmericanInstitute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was 15produced by AIA software at 12:51 :51 ET on 06/03/2022 under Order No.2114250624 which expires on 10/30/2022, is not for resale, is licensed for one-time useonly, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail [email protected] Notes: (1934055522)


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Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope ofthe Project.The Owner shall include a clause in all Owner contracts with project construction contractors, constructionmanagers and consultants requiring each to maintain insurance, including professional liability insurance, asappropriate to the services or work being performed, and to indemnify and hold harmless the Owner, Architect andtheir respective shareholders, directors, officers, employees, and agents, from any and all (i) claims resulting fromtheir negligence in the performance of their Work or (ii) claims by their employees and the employees of theirsubconsultants and subcontractors. Owner, Architect and their respective shareholders, partners, officers, employees,and agents shall be named as additional insured on their CGL, Auto and Umbrella insurance policies.

§ 5.9 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such asstructural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials.

§ 5.10 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may bereasonably necessary at any time for the Project to meet the Owner's needs and interests.

§ 5.11 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault ordefect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service.

§ 5.12 The Owner shall include the Architect in all communications with the Contractor that relate to or affect theArchitect's services or professional responsibilities. The Owner shall promptly notify the Architect of the substance ofany direct communications between the Owner and the Contractor otherwise relating to the Project. Communicationsby and with the Architect's consultants shall be through the Architect.

§ 5.13 Before executing the Contract for Construction, the Owner shall coordinate the Architect's duties andresponsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agreement. TheOwner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including theGeneral Conditions of the Contract for Construction.

§ 5.14 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shallobligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress.

§ 5.15 Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requestedinformation as necessary and relevant for the Architect to evaluate, give notice of, or enforce lien rights.

ARTICLE 6 COST OF THE WORK§ 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct allelements of the Project designed or specified by the Architect and shall include contractors' or construction managersgeneral conditions costs, overhead and profit. The Cost of the Work also includes the reasonable value oflabor,materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work does not include thecompensation of the Architect; the costs of the land, rights-of-way, financing, or contingencies for changes in theWork; or other costs that are the responsibility of the Owner.

$ 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and shall be adjusted throughoutthe Project as required under Sections 5.2, 6.4 and 6.5. Evaluations of the Owner's budget for the Cost of the Work,and the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work, prepared by theArchitect, represent the Architect's judgment as a design professional. It is recognized, however, that neither theArchitect nor the Owner has control over the cost of labor, materials, or equipment; the Contractor's methods ofdetermining bid prices; or competitive bidding, market, or negotiating conditions. Accordingly, the Architect cannotand does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Cost ofthe Work, or from any estimate of the Cost of the Work, or evaluation, prepared or agreed to by the Architect.

§ 6.3 In preparing estimates of the Cost ofWork, the Architect shall be permitted to include contingencies for design,bidding, and price escalation; to detennine what materials, equipment, component systems, and types of constructionare to be included in the Contract Documents; to recommend reasonable adjustments in the program and scope of theProject; and to include design alternates as may be necessary to adjust the estimated Cost of the Work to meet theOwner's budget. The Architect's estimate of the Cost of the Work shall be based on current area, volume or similar



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conceptual estimating techniques. Ifthe Owner requires a detailed estimate ofthe Cost ofthe Work, the Architect shallprovide such an estimate, if identified as the Architect's responsibility in Section 4.1.1, as a Supplemental Service.

§ 6.4 If, through no fault of the Architect, the Procurement Phase has not commenced within 90 days after theArchitect submits the Construction Documents to the Owner, the Owner's budget for the Cost of the Work shall beadjusted to reflect changes in the general level ofprices in the applicable construction market.

§ 6.5 Ifat any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of theWork, the Architect shall make appropriate recommendations to the Owner to adjust the Project's size, quality, orbudget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments.

§ 6.6 If the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Servicesis exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall

.1 give written approval of an increase in the budget for the Cost of the Work;

.2 authorize rebidding or renegotiating of the Project within a reasonable time;

.3 terminate in accordance with Section 9.5;

.4 in consultation with the Architect, revise the Project program, scope, or quality as required to reducethe Cost of the Work; or,

.5 implement any other mutually acceptable alternative.

§ 6.7 If the Owner chooses to proceed under Section 6.6.4, the Architect shall modify the Construction Documents asnecessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the ConstructionDocuments Phase Services, or the budget as adjusted under Section 6.6.1. If the Owner requires the Architect tomodify the Construction Documents because the lowest bona fide bid or negotiated proposal exceeds the Owner'sbudget for the Cost of the Work due to market conditions the Architect could not reasonably anticipate, the Ownershall compensate the Architect for the modifications as an Additional Service pursuant to Section 11.3; otherwise theArchitect's services for modifying the Construction Documents shall be without additional compensation. In anyevent, the Architect's modification of the Construction Documents shall be the limit of the Architect's responsibilityunder this Article 6.

ARTICLE 7 COPYRIGHTS AND LICENSES§ 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other infonnation, thetransmitting party is the copyright owner of such information or has permission from the copyright owner to transmitsuch information for its use on the Project.

§ 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respectiveInstruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory andother reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet officialregulatory requirements or for similar purposes in connection with the Project is not to be construed as publication inderogation of the reserved rights of the Architect and the Architect's consultants.

§ 7.3 The Architect grants to the Owner a nonexclusive license to use theArchitect's Instruments ofService solely andexclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that theOwner substantially performs its obligations under this Agreement, including prompt payment of all sums duepursuant to Article 9 and Article 11. The Architect shall obtain similar nonexclusive licenses from the Architect'sconsultants consistent with this Agreement. The license granted under this section permits the Owner to authorize theContractor, Subcontractors, Sub-subcontractors, and suppliers, as well as the Owner's consultants and separatecontractors, to reproduce applicable portions of the Instruments of Service, subject to any protocols establishedpursuant to Section 1.3, solely and exclusively for use in performing services or construction for the Project. IftheArchitect rightfully tenninates this Agreement for cause as provided in Section 9.4, the license granted in this Section7.3 shall terminate.

§ 7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments ofService, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arisingfrom such uses. The Owner, to the extent pennitted by law, further agrees to indemnify and hold harmless theArchitect and its consultants from all costs and expenses, including the cost ofdefense, related to claims and causes of

AIA Document 8101'" - 2017. Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "AmericanInstitute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was 17produced by AIA software at 12:51 :51 ET on 06/03/2022 under Order No.2114250624 which expires on 10/30/2022, is not for resale, is licensed for one-time useonly, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail [email protected] Notes: (1934055522)


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action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of theInstruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply ifthe Owner rightfullyterminates this Agreement for cause under Section 9.4.

§ 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or impliedunder this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any licensegranted herein to another party without the prior written agreement of the Architect. Any unauthorized use of theInstruments ofService shall be at the Owner's sole risk and without liability to the Architect and the Architect'sconsultants.

§ 7.5 Except as otherwise stated in Section 7.3, the provisions of this Article 7 shall survive the termination of thisAgreement.

ARTICLE 8 CLAIMS AND DISPUTES§ 8.1 General§ 8.1.1 The Owner and Architect shall commence all claims and causes ofaction against the other and arising out oforrelated to this Agreement, whether in contract, tort, or otherwise, in accordance with the requirements of the bindingdispute resolution method selected in this Agreement and within the period specified by applicable law, but in any casenot more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect waive allclaims and causes of action not commenced in accordance with this Section 8.1.1.

§ 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights againsteach other and against the contractors, consultants, agents, and employees of the other for damages, except such rightsas they may have to the proceeds of such insurance as set forth in AJA Document A201-2007, General Conditions ofthe Contract for Construction. The Owner or the Architect, as appropriate, shall require ofthe contractors, consultants,agents, and employees of any of them, similar waivers in favor of the other parties enumerated herein.

§ 8.1.3 To the fullest extent permitted by law, The Architect and Owner waive consequential damages for claims,disputes, or other matters in question, arising out of or relating to this Agreement. This mutual waiver is applicable,without limitation, to all consequential damages due to either party's termination of this Agreement, except asspecifically provided in Section 9.7.

§ 8.2 Mediation§ 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject tomediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lienarising out ofthe Architect's services, theArchitect may proceed in accordance with applicable law to comply with thelien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution.

$ 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question betweenthem by mediation, which, unless the parties mutually agree otherwise, shall be administered by a mutually agreedupon mediator. A request for mediation shall be made in writing, delivered to the other party to this Agreement, andfiled with the person or entity administering the mediation. The request may be made concurrently with the filing ofacomplaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed inadvance ofbinding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 daysfrom the date offiling, unless stayed for a longer period by agreement of the parties or court order. If an arbitrationproceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s)and agree upon a schedule for later proceedings.

§ 8.2.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the placewhere the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shallbe enforceable as settlement agreements in any court having jurisdiction thereof.

§ 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method ofbindingdispute resolution shall be the following:(Check the appropriate box.)

AIA Document B101" - 2017. Copyright 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "AmericanInstitute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was 18produced by AIA software at 12:51 :51 ET on 06/03/2022 under Order No.2114250624 which expires on 10/30/2022, is not for resale, is licensed for one-time useonly, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail [email protected] Notes: (1934055522)


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Arbitration pursuant to Section 8.3 of this Agreement

X Litigation in a court of competent jurisdiction

Other: (Specify)

If the Owner and Architect do not select a method of binding dispute resolution, or do not subsequently agree inwriting to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competentjurisdiction.

§ 8.3 Not Used

(Paragraphs deleted)§ 8.3.4 Not Used

(Paragraphs deleted)ARTICLE 9 TERMINATION OR SUSPENSION§ 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall beconsidered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension ofperformance of services under this Agreement. If the Architect elects to suspend services, the Architect shall giveseven days' written notice to the Owner before suspending services. In the event of a suspension of services, theArchitect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension ofservices. Before resuming services, the Owner shall pay the Architect all sums due prior to suspension and anyexpenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for theremaining services and the time schedules shall be equitably adjusted.

§ 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice ofsuch suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in theinterruption and resumption of the Architect's services. The Architect's fees for the remaining services and the timeschedules shall be equitably adjusted.

§ 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of theArchitect, the Architect may terminate this Agreement by giving not less than seven days' written notice.

§ 9.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other partyfail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating thetermination.

§ 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for theOwner's convenience and without cause.

§ 9.6 If the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Architect terminatesthis Agreement pursuant to Section 9.3, the Owner shall compensate the Architect for services performed prior totermination, Reimbursable Expenses incurred, and costs attributable to termination, including the costs attributable tothe Architect's termination of consultant agreements.

§ 9.7 In addition to any amounts paid under Section 9.6, if the Owner terminates this Agreement for its conveniencepursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall pay to theArchitect the following fees:(Setforth below the amount of any termination or licensingfee, or the methodfor determining any termination orlicensingfee.)

.1 Termination Fee:



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Not Applicable

.2 Licensing Fee if the Owner intends to continue using the Architect's Instruments of Service:

Not Applicable

§ 9.8 Except as otherwise expressly provided herein, this Agreement shall terminate one year from the date ofSubstantial Completion.

§ 9.9 The Owner's rights to use the Architect's Instruments ofService in the event of a termination ofthis Agreementare set forth in Article 7 and Section 9.7.

ARTICLE 10 MISCELLANEOUS PROVISIONS§ 10.1 This Agreement shall be governed by the law of the place where the Project is located, excluding thatjurisdiction's choice of law rules.

§ 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2007, GeneralConditions of the Contract for Construction.

§ 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns, and legalrepresentatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the writtenconsent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Projectifthe lender agrees to assume the Owner's rights and obligations under this Agreement, including any payments due tothe Architect by the Owner prior to the assignment.

§ 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall besubmitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requeststhe Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall executeall such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architectfor review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consentsthat would require knowledge, services, or responsibilities beyond the scope of this Agreement. All certificationsmade by the Architect shall be based on 'the best oftheir knowledge, information, and belief whether or not so statedin the certification.

§ 10.5Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favorof, a third party against either the Owner or Architect.

§ 10.6Unless otherwise required in this Agreement, it is understood and agreed that Architect is not, and has noresponsibility as, a handler, generator, operator, treater, storer, transporter, or arranger for transport or disposal ofhazardous materials or toxic substances found or identified at the site, and that Architect shall not be responsible toundertake or arrange for the handling, removal, treatment, storage, transportation, or disposal of hazardous materialsor toxic substances or constituents found or identified at the site. A hazardous material or toxic substance is anymaterial or substance identified now or in the future as hazardous or toxic under any federal, state or local law orregulation, or any other material or substance that may be considered hazardous, toxic or otherwise subject to statutoryor regulatory requirements governing handling, disposal and/or cleanup. For purposes of this agreement, the termhazardous material shall include asbestos, polychlorinated biphenyl (PCB), mold, mildew, fungi or other similarmicrobial conditions.

§ 10.6.1 To the fullest extent permitted by law, Owner agrees to indemnify, defend and save harmless the Architectfrom and against any and all liabilities, demands, claims, penalties, damages, forfeitures, suits, and the costs andexpenses arising from hazardous or toxic substances or conditions (including costs of defense, settlement andreasonable attorneys and expert fees and expenses), except to the extent the hazardous or toxic conditions result fromthe sole negligence or willful misconduct of the Architect.

§ 10.6.2 IfArchitect or any other party encounters undisclosed hazardous or toxic substances or conditions, or ifinvestigative or remedial action, or other professional services, are necessary with respect to disclosed or undisclosed



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hazardous or toxic substances or conditions, then Architect may, at its option and without liability for consequential orany other damages, suspend performance of services on the portion of the Project affected thereby until Owner: (I)retains appropriate specialist professionals or contractors to identify and, as appropriate, abate, remediate, or removethe Constituents ofConcern; and (2) warrants that the Site is in full compliance with applicable Laws and Regulations.

$ 10.6.3 Owner and Architect agree that the discovery ofundisclosed hazardous or toxic substances or conditionsconstitutes a changed condition, which may require a renegotiation ofthe Scope ofServices, negotiation ofAdditionalServices, or termination of services. Owner shall rely on Architect's judgment as to the continued adequacy of thisAgreement in light ofdiscoveries that were not anticipated or known. IfArchitect determines that renegotiation isnecessary, Architect and Owner shall in good faith enter into renegotiation of this Agreement to permit Architect tocontinue to meet Owner's needs. Ifrenegotiated terms cannot be agreed to, Owner agrees that Architect has the right toterminate this Agreement. If the Agreement is terminated, Owner shall pay Architect for all services performed andexpenses incurred up to and including the date of termination, plus reasonable termination costs.

§ 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Projectamong the Architect's promotional and professional materials. The Architect shall be given reasonable access to thecompleted Project to make such representations. However, the Architect's materials shall not include the Owner'sconfidential or proprietary information if the Owner has previously advised the Architect in writing of the specificinformation considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit forthe Architect in the Owner's promotional materials for the Project. This Section I 0.7 shall survive the termination ofthis Agreement unless the Owner tenninates this Agreement for cause pursuant to Section 9.4.

§ 10.8 If the Architect or Owner receives information specifically designated as "confidential" or "businessproprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any otherperson except as set forth in Section I 0.8.1. This Section I 0.8 shall survive the termination of this Agreement.

$ 10.8.1 The receiving party may disclose "confidential" or "business proprietary" information after 7 days' notice tothe other party, when required by law, arbitrator's order, or court order, including a subpoena or other form ofcompulsory legal process issued by a court or governmental entity, or to the extent such information is reasonablynecessary for the receiving party to defend itself in any dispute. The receiving party may also disclose suchinformation to its employees, consultants, or contractors in order to perform services or work solely and exclusivelyfor the Project, provided those employees, consultants and contractors are subject to the restrictions on the disclosureand use of such information as set forth in this Section 10.8.

§ 10.9 The invalidity ofany provision of the Agreement shall not invalidate the Agreement or its remainingprovisions. If it is determined that any provision of the Agreement violates any law, or is otherwise invalid orunenforceable, then that provision shall be revised to the extent necessary to make that provision legal andenforceable. In such case the Agreement shall be construed, to the fullest extent permitted by law, to give effect to theparties' intentions and purposes in executing the Agreement.

ARTICLE 11 COMPENSATION

lnit.

§ 11.1 For the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect asfollows:

.1(Paragraphs deleted)

Lump Sum: To consist ofarchitectural and engineering services as defined within this proposal, theArchitect shall be compensated a percentage fee of 6.5% if the cost ofwork is at or less than$13,000,000 or 6.00% if the cost ofwork is above $13,000,000, based on the Cost ofWork defined inArticle 6.

§ 11.2 For the Architect's Supplemental Services designated in Section 4.1.1 and for any Sustainability Servicesrequired pursuant to Section 4.1.3, the Owner shall compensate the Architect as follows:(Insert amount of, or basisfor, compensation. Ifnecessary, list specific services to which particular methods ofcompensation apply.)



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Not Applicable

§ 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.2, theOwner shall compensate the Architect as follows:(Insert amount of, or basisfor, compensation.)

To be negotiated using the Architect's standard hourly rates attached to this agreement.

§ 11.4 Compensation for Supplemental and Additional Services of the Architect's consultants when not included inSection 11.2 or 11.3, shall be the amount invoiced to the Architect plus Ten percent ( 10 %), or as follows:(Insert amount of, or basisfor computing, Architect's consultants' compensationfor Supplemental or AdditionalServices.)

§ 11.5 When compensation for Basic Services is based on a stipulated sum or a percentage basis, the proportion ofcompensation for each phase of services shall be as follows:

Schematic Design Phase Twenty percent ( 20 %)Design Development Phase Twenty percent ( 20 %)Construction Documents Forty percent ( 40 %)PhaseProcurement Phase Five percent ( 05 %)Construction Phase Fifteen percent ( 15 %)

Total Basic Compensation one hundred percent ( 100 %)

§ 11.6 When compensation identified in Section 11.1 is on a percentage basis, progress payments for each phase ofBasic Services shall be calculated by multiplying the percentages identified in this Article by the Owner's most recentbudget for the Cost of the Work. Compensation paid in previous progress payments shall not be adjusted based onsubsequent updates to the Owner's budget for the Cost of the Work.

§ 11.6.1 When compensation is on a percentage basis and any portions of the Project are deleted or otherwise notconstructed, compensation for those portions of the Project shall be payable to the extent services are performed onthose portions. The Architect shall be entitled to compensation in accordance with this Agreement for all servicesperformed whether or not the Construction Phase is commenced.

§ 11.7 The hourly billing rates for services of the Architect and the Architect's consultants are set forth below. Therates shall be adjusted in accordance with the Architect's and Architect's consultants' normal review practices.(Ifapplicable, attach an exhibit of hourly billing rates or insert them below.)

See attached rates.

Employee or Category Rate ($0.00)

Transportation and authorized out-of-town travel and subsistence;Long distance services, dedicated data and communication services, teleconferences, Project web sites,and extranets;Permitting and other fees required by authorities having jurisdiction over the Project;Printing, reproductions, plots, and standard form documents;Postage, handling, and delivery;

.3

.4

.5

§ 11.8 Compensation for Reimbursable Expenses§ 11.8.1 Reimbursable Expenses are in addition to compensation for Basic, Supplemental, and Additional Servicesand include expenses incurred by the Architect and the Architect's consultants directly related to the Project, asfollows:

.1

.2

lnit. AIA Document B101"- 2017. Copyright @ 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "AmericanInstitute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was 22produced by AIA software at 12:51:51 ET on 06/03/2022 under Order No.2114250624 which expires on 10/30/2022, is not for resale, is licensed for one-time useonly, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail [email protected] Notes: (1934055522)


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.6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner;

.7 Renderings, physical models, mock-ups, professional photography, and presentation materialsrequested by the Owner or required for the Project;

.8 Tfrequired by the Owner, and with the Owner's prior written approval, the Architect's consultants'expenses of professional liability insurance dedicated exclusively to this Project, or the expense ofadditional insurance coverage or limits in excess of that normally maintained by the Architect'sconsultants;

.9 All taxes levied on professional services and on reimbursable expenses;

.10 Site office expenses;

.11 Registration fees and any other fees charged by the Certifying Authority or by other entities asnecessary to achieve the Sustainable Objective; and,

.12 Other similar Project-related expenditures.

§ 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and theArchitect's consultants plus Zero percent ( 00 %) of the expenses incurred.

§ 11.9 Architect's Insurance. If the types and limits of coverage required in Section 2.5 are in addition to the types andlimits the Architect normally maintains, the Owner shall pay the Architect for the additional costs incurred by theArchitect for the additional coverages as set forth below:(Insert the additional coverages the Architect is required to obtain in order to satisfy the requirements setforth inSection 2.5, andfor which the Owner shall reimburse the Architect.)

§ 11.10 Payments to the Architect§ 11.10.1 Initial Payments§ 11.10.1.1 An initial payment of Zero ($ 00 ) shall be made upon execution of this Agreement and is the minimumpayment under this Agreement. It shall be credited to the Owner's account in the final invoice.

§ 11.10.1.2 If a Sustainability Certification is part of the Sustainable Objective, an initial payment to the Architect ofSixty ($ 60 ) shall be made upon execution of this Agreement for registration fees and other fees payable to theCertifying Authority and necessary to achieve the Sustainability Certification. The Architect's payments to theCertifying Authority shall be credited to the Owner's account at the time the expense is incurred.

§ 11.10.2 Progress Payments§ 11.10.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to servicesperformed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid ( ) daysafter the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailingfrom time to time at the principal place of business of the Architect.(Insert rate ofmonthly or annual interest agreed upon.)

One and five tenths percent (1.5%) per month, cumulative.

§ 11.10.2.2 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty orliquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in theWork, unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding.

§ 11.10.2.3 Records of Reimbursable Expenses, expenses pertaining to Supplemental and Additional Services, andservices performed on the basis of hourly rates shall be available to the Owner at mutually convenient times.

ARTICLE 12 SPECIAL TERMS AND CONDITIONSSpecial terms and conditions that modify this Agreement are as follows:(Include other terms and conditions applicable to this Agreement.)

$12.1 Fast Track. If the Owner elects to employ an accelerated, phased or fast track design process (in which some ofthe Architect's design services overlap the construction work and are out of sequence with the traditional delivery

AIA Document B101" - 2017. Copyright @ 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "AmericanInstitute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was 23produced by AIA software at 12:51:51 ET on 06/03/2022 under Order No.2114250624 which expires on 10/30/2022, is not for resale, is licensed for one-time useonly, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail [email protected] Notes: (1934055522)


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method), Owner does so with full recognition of the inherent risks associated with these design methodologies. Suchrisks include the Owner incurring costs for the Architect to coordinate and redesign portions of the Project affected byprocuring or installing elements of the Project prior to the completion of all relevant Construction Documents, andcosts for the Contractor to remove and replace previously installed Work. In recognition of the inherent risks of thefast tracking to the Architect and the benefits to the Owner, the Owner agrees to (i) waive all claims against theArchitect for design changes, delays, disruptions or other modifications of portions of the Work already constructeddue to the Owner's decision to employ the fast track process and (ii) indemnify and hold the Architect harmless, to themaximum extent permitted by law, from any and all damage, liability and cost, including reasonable attorney fees anddefense costs, arising from third party claims, excepting those attributable to the negligence of the Architect or thosefor whom the Architect is legally liable. To compensate the Architect for all Additional Services required to modify,correct or adjust the Construction Documents and coordinate them in order to meet the Owner's program requirementsbecause of the Owner's decision to construct the project in a fast track manner Owner further agrees to include in thebudget for the Project sufficient contingencies to cover such Additional Services.

§ 12.2 Remodeling/Rehabilitation. The Owner and Architect understand and acknowledge that in the remodeling orrehabilitation of existing structures, certain design and technical decisions are made based on assumptions that arebased upon readily available documents and upon visual observation of existing open site conditions, as well as thoseconcealed though observable with minimal effort at the judgment of the Architect, such as to examine aboveremovable ceiling tiles. Owner and Architect shall identify and provide for all specific requirements relating to theneed or destructive testing or other investigations relating to the remodeling or rehabilitation of an existing structure.

$12.3 Contingency Fund

§ 12.3.1 The Architect agrees, as a design professional, to provide architectural services in accordance with generallyaccepted architectural practices and standards. It is acknowledged by the parties that the design process for buildings isnot an exact science and that it continues through the Construction Phase. Accordingly, it is understood and agreedthat a need for modifications, changes, revisions, interpretations and/or clarifications of the Drawings andSpecifications during the Constrnction Phase are anticipated, as a result of unforeseen conditions, concealedconditions, minor design refinements (other than errors and omissions), and that these changes may result in additionalexpenses to the Owner through the change order process.

$12.3.2 When the need for such changes, revisions, interpretations and/or clarifications becomes known to theArchitect, he shall promptly investigate and take appropriate action in the form of drawings, specifications, writtendescription, clarifications, or as otherwise may be necessary to facilitate the modification, change or revision as thecase may be. The Architect shall have no liability or responsibility to the Owner or other parties for the costs resultingfrom such circumstances, except to perform such professional services at the agreed rates under Article 11 of thisAgreement when they are due to unforeseen or concealed conditions, and at no additional cost to the Owner when theyare a result ofminor errors or omissions. The Owner agrees to budget for and provide a contingency fund based on apercent of the Cost of the Wor.k against which theses costs will be charged

12.4 Delivery ofElectronic Files. (Applicable in absence ofE203 2013, G201 2013 and G202 2013)

12.4.1 In accepting and utilizing any Instruments of Service or data in any form of electronic media generated andfurnished by the Architect, the Owner and Construction Manager agree that all such electronic files are Instruments ofService of the Architect and the Architect's consultants, who shall be deemed the author, and shall retain all commonlaw, statutory law and other rights, without limitation, including copyrights, except as set forth in Article 7 above.

12.4.2 The Owner agrees not to reuse these electronic files, in whole or in part, for any purposes other than for thisProject. Except as permitted under Article 7 above, the Owner, Construction Manager and Contractor(s) agree not totransfer these electronic files to others outside of the Project Team (Owner and Owner's Consultants, ConstructionManager, Contractor and appropriate Subcontractor(s)) without the prior written consent of the Architect. The Owner,Construction Manager and Contractor further agree to waive all claims against the Architect and the Architect'sconsultants resulting in any way from any unauthorized changes to or reuse of the electronic files for any other projectby anyone other than the Architect.



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12.4.3 The Owner, Construction Manager and Contractor are aware that differences may exist between the electronicfiles delivered and the printed hard-copy construction documents. In the event of a conflict between electronic filesand the signed Construction Documents and hard-copy addendum(s) prepared by the Architect, the signed, sealed orhard-copy Construction Documents and addendum(s) shall govern.

12.4.4 In addition, the User (Owner, Construction Manager, Contractor(s), and/or Consultant) agree, to the fullestextent permitted by law, to indemnify and hold harmless the Architect, its officers, directors, employees andsubconsultants (collectively, Architect) against all damages, liabilities or costs, including reasonable attorneys' feesand defense costs, arising from User's modifications to the files not authorized by the Architect, or the User'sunlicensed use of such files. Nothing in this section shall obligate one party to indemnify another party against thatparty's own negligence or intentional wrongdoing.

12.4.5 Under no circumstances shall delivery ofelectronic files for use by the Owner or others be deemed a sale by theArchitect. In no event shall the Architect be liable for indirect or consequential damages as a result of the Owner's orothers' use or reuse of the electronic files.

12.4.6 The Owner shall include this provision in its contract(s) with the Construction Manager, Contractor(s) and itsConsultants.

§12.5 Construction Documents Omissions. If, due to the Architect's omission, a required item or component of theproject is omitted from the Architect's construction documents, the Architect shall not be responsible for paying thecost required to add such item or component to the extent that such item or component would have been required andincluded in the original construction documents. In no event will the Architect be responsible for any cost or expensethat provides betterment or upgrades or enhances the value of the Project. The Owner will not be responsible forredesign fees due to the Architect omission. The Architect will absorb the cost ofredesign. Should there be anomission by the Architect the Owner will pay the cost of "betterment" at the time ofbid. The architect will absorb theupcharge costs associated with a change order limited to no more than 10% of the item cost.

§12.5 Laboratory Testing. Tfthe Architect is requested by the Owner to subcontract certain laboratory testingservices on behalf of the Owner, the Architect agrees to do so in reliance upon the Owner's assurance that the Ownerwill make no claim or bring any action at law or in equity against the Architect as a result of these subcontractedservices. The Owner understands that the Architect has not performed any independent evaluation of the testinglaboratory's data and the Owner shall not rely upon the Architect to determine the quality or reliability of the testinglaboratory's reports. In addition, the Owner agrees, to the fullest extent permitted by law, to indemnify and hold theArchitect harmless from any damages, liabilities or costs, including reasonable attorneys' fees and defense costs,arising from the services performed by the testing companies and for tests recommended by the Architect and notcompleted per the Owner's direction, except only those damages, liabilities or costs caused by the negligence orwillful misconduct of the Architect.

§12.6 Design By Others.

$12.6.1 Architect is not responsible to Owner or any third-parties for errors, omissions or other deficiencies in thedesign services of any other design professional, design-build contractor, contractor, vendor or manufacturerrendering design, engineering or related services and not employed by Architect. Architect's sole liability inconnection with the services ofOwner's consultants, contractors or design-build contractors shall be to coordinateOwner's consultants', contractors' or design-build contractor's portion of the Instruments ofService. Owner shallrequire consultants, contractors or design-build contractor retained by Owner to coordinate their services anddocuments with those ofArchitect and Architect's consultants.

§12.6.2 Unless specifically otherwise indicated in the Contract Documents, any design services provided by Owner'sconsultants shall be performed by licensed professional consultants, who shall affix their seals on the appropriatedocuments prepared by them. The contracts between the Owner and Owner's consultants shall require the consultantsto coordinate their drawings and other instruments of service with those ofthe Architect and to advise the Architect ofany potential conflict. The Architect shall have no responsibility for the components of the Project designed by theOwner's consultants. Review by the Architect ofOwner consultants' drawings and other instruments of service issolely for consistency with the Architect's design concept for the Project. The Architect shall be entitled to rely upon



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lnit.

the technical sufficiency and timely delivery of documents and services furnished by Owner consultants, as well as onthe computations performed by those consultants in connection with such documents and services. The Architect shallnot be required to review or verify those computations or designs for compliance with applicable laws, statutes,ordinances, building codes, and rules and regulations, or certify completion or payment for the Work designed by theOwner's consultant. The Owner shall indemnify and hold harmless the Architect, Architect's consultants, and agentsand employees of any of them from and against claims, damages, losses and expenses, including but not limited toattorneys' fees, arising out of the services performed by the other consultants of the Owner.

§12.7 Indemnification

$12.7.1 To the fullest extent permitted by law, the Architect will indemnify and hold the Owner and its director,officers and employees harmless from that part of claims, costs, losses or damages, including reasonable attorney fees,but only to the extent caused by the negligent acts, errors or omissions of the Architect or the negligent acts, errors oromissions of the Architect's officers, directors, employees, and sub consultants or any other entity or person for whomArchitect would be legally liable for, The Architect's obligation under this Section 12. 7.1 does not include a duty todefend and the obligation to indemnify shall be limited to the available proceeds of the insurance coverage required bythis Agreement.

$12.7.2 To the fullest extent permitted by law the Owner will indemnify and hold the Architect and its directors,officers, and employees harmless from any and all claims, costs, losses, or damages, including reasonable attorneyfees, but only to extent caused by the negligent acts, error or omissions of the Owner or the negligent acts, errors oromissions of the Owner's officers, directors, employees, and subconsultants or any other entity or person for whomthe Owner would be legal liable for.

$12.8 Cap on Damages. In recognition of the relative risks, rewards and benefits of the project to both theOwner and the Architect, the risks have been allocated such that the Owner agrees that, to the fullest extentpermitted by law, the Architect's total liability to the Owner for any and all injuries, claims, losses, expenses,damages or claim expenses arising out of this agreement from any causes, shall not exceed the Architect's feeor $50,000, whichever is less.

$12.9 Force Majeure. The Owner agrees that the Architect is not responsible for damages arising directly orindirectly from any delays for causes beyond the Architect's control. For purposes of this Agreement, such causesinclude, but are not limited to, strikes or other labor disputes; severe weather disruptions other natural disasters; fires,riots, acts of terrorism, war or other emergencies or acts of God; failure of any government agency to act in timelymanner; failure ofperformance by the Owner or the Owner's contractors or consultants; or discovery of any hazardoussubstances or differing site conditions. In addition, if the delays resulting from any such causes increase the cost ortime required by the Architect to perform its services in an orderly and efficient manner, the Architect shall be entitledto an equitable adjustment in schedule or compensation.

$12.10 Exclusive Remedy. It is the intent of the parties to this Agreement that the Architect's services in connectionwith the Project shall not subject the Architect's individual employees, officers or directors to any personal legalexposure for the risks associated with this Project. Therefore, and notwithstanding anything to the contrary containedherein, the Owner agrees that as the Owner's sole and exclusive remedy, any claim, demand or suit shall be directedand/or asserted only against the Architect and not against any of the Architect's employees, officers or directors.

ARTICLE 13 SCOPE OF THE AGREEMENT§ 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect andsupersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may beamended only by written instrument signed by both the Owner and Architect.

§ 13.2 This Agreement is comprised of the following documents identified below:.1 AIA Document B101TM2017, Standard Form Agreement Between Owner and Architect

(Paragraphs deleted).2 Exhibits:

AIA Document B101"- 2017. Copyright @ 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "AmericanInstitute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was 26produced by AIA software at 12:51:51 ET on 06/03/2022 under Order No.2114250624 which expires on 10/30/2022, is not for resale, is licensed for one-time useonly, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail [email protected] Notes: (1934055522)


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(Check the appropriate boxfor any exhibits incorporated into this Agreement.)

AJA Document E204™-2017, Sustainable Projects Exhibit, dated as indicated below:(Insert the date of the E204-2017 incorporated into this agreement.)

[ X ] Other Exhibits incorporated into this Agreement:(Clearly identify any other exhibits incorporated into this Agreement, including any exhibitsand scopes ofservices identified as exhibits in Section 4. 1. 2.)

Attachment A- 1942- A Guide B132-2019 (Guide 27 Att.9).Attachment B- Request for Proposal Planning & Design Services for Fire/EMS Building

.3 Other documents:(List other documents, if any, formingpart of the Agreement.)

Attachment C- Wendel Rate Sheet

This Agreement entered into as of the day and year first written above.

OWNER LESSOR(Signature)

(Printed name and title)

OWNER LESSEE(Signature)

(Printed name and title)

ARCHITECT (Signature)

(Printed name, title, and license number, ifrequired)

lnit. AIA Document B101 '" - 2017. Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "AmericanInstitute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was 27produced by AIA software at 12:51 :51 ET on 06/03/2022 under Order No.2114250624 which expires on 10/30/2022, is not for resale, is licensed for one-time useonly, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail [email protected] Notes: (1934055522)


Vice President, ArchitectureAmber Holycross

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RD Instruction 1942-A

Guide 27

Attachment 1

Page 1

ATTACHMENT TO AIA DOCUMENT B101-2007, Standard Form of Agreement Between Owner

and Architect

The provisions of this Attachment shall delete, modify and supplement the

provisions contained in the "Standard Form of Agreement Between Owner and

Architect,” AIA Document B101-2017. The provisions contained in this Attachment

will supersede any conflicting provisions of the AIA Document. The term

"Agency,” as used in this Attachment, shall mean the United States of America,

acting through the United States Department of Agriculture.

ARTICLE 3, SCOPE OF ARCHITECT’S BASIC SERVICES

Add the words "and concurrence by the Agency" after “Owner’s approval" in

subparagraph 3.2.5, subparagraph 3.3.1 and subparagraph 3.4.1.

Delete subparagraphs 3.2.6 and 3.2.7

Add the following subparagraphs:

3.2.6. The Architect shall provide the Owner with the appropriate

documentation showing the Schematic Design and the estimated Project

cost to the Owner to seek the concurrence of the Agency. When the

Owner has accepted and the Agency has concurred on the Schematic Design

studies and estimated Project cost, the project Architect may be

authorized to proceed with the Design Development Documents.

3.2.7. The Architect shall attend conferences with the Owner,

representatives of the Agency and other interested parties as may be

reasonably necessary.

3.4 CONSTRUCTION DOCUMENTS PHASE SERVICES

3.4.6 The Architect shall certify in writing, to the best of the

Architect's knowledge, information and belief, that the Drawings and

Specifications are in conformance with the applicable development

standard, as defined in Agency regulations furnished by the Owner under

subparagraph 5.1.

3.4.7 Prior to advertisement for bids, the Architect shall

provide_____sets of Construction Documents for use by the Owner, the

Agency and the appropriate Federal, State and local agencies from whom

approval of the Project must be obtained. The reproduction cost of

such Construction Documents shall be included in the compensation paid

to the Architect, not withstanding subparagraph 11.8. The Owner shall

obtain Agency concurrence with the Construction Documents, estimated

Project costs, and authorization to proceed in writing prior to

advertisement for bids.

(00-00-0) PN 000


Attachment ADocuSign Envelope ID: 90B08173-137D-47C0-856F-21A5A6491425

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Guide 27

Attachment 1

Page 2

3.5.2 COMPETITIVE BIDDING

Add the following subparagraph to 3.5.2.2:

.5 furnishing additional copies of the Construction Documents as

requested by the prospective bidders, and other interested

parties, and owner may charge them a reasonable cost for such

copies.

3.6 CONSTRUCTION PHASE SERVICES

Add the following to subparagraph 3.6.1.1 after the words "Contract for

Construction": "and the conditions of RD Instruction 1942-A, Guide 27,

Attachment 4".

Delete the first sentence of subparagraph 3.6.1.2 and substitute the

following:

3.6.1.2 The Architect shall be a representative of and shall advise

and consult with the Owner during construction until final payment to

the Contractor is paid, and at the Owner's direction during the period

of correction of the Work described in the Contract for Construction.

The Architect shall furnish architectural services and consultations

necessary to correct minor construction defects encountered during such

correction period. The Architect shall assist the Owner in performing

a review of the Project during the 11th month after the date of

substantial completion. Such services shall be furnished without

additional charge except for travel and subsistence costs.

Delete the following words from subparagraph 3.6.1.3 after the word,

"terminates": "on the date the Architect issues the final Certificate for

Payment" and substitute the words "at the expiration of

the warranty period described in the Contract for Construction."

Add the following subparagraphs to paragraph 3.6.1:

3.6.1.4 Upon award of the construction contract, the Architect

shall furnish to the Owner _______ sets of Construction Contract

Documents for execution. The costs of these sets shall be

included in the compensation to the Architect notwithstanding

subparagraph 11.8.

3.6.1.5 The Architect shall participate in the Preconstruction

Conference and shall advise and consult with the Owner and the

Agency.

Add to subparagraph 3.6.2.1 following the first sentence, “Such visits to

the site shall be documented in writing on inspection report forms

acceptable to the Owner and the Agency. Copies shall be furnished to the

Owner, Contractor and the Agency.”


Guide 27

Attachment 1


146 of 195 146

Page 3

Add the following subparagraph to paragraph 3.6.2:

3.6.2.6 The Architect shall advise the Owner and the Agency of

required tests, inspections and test results; shall furnish

coordination of such tests and inspections; and shall advise the Owner

and the Agency of the results of same. Copies of tests results shall

be furnished upon request to the Owner, and the Agency.

Add the following subparagraph to paragraph 3.6.3:

3.6.3.4 The Architect shall obtain Agency concurrence on all

Certificates of Payment before payment is made.

Modify subparagraph 3.6.5.1 as follows: Add the following to the end of

the subparagraph: “Preparation of Change Orders which do not substantially

affect the Project shall be included in the compensation computed in

paragraph 11.1. The Owner, with the assistance of the Architect, shall

obtain Agency concurrence in writing for all change orders prior to the

performance of the Work.”

Delete subparagraphs 3.6.6.1.1, and substitute the following:

3.6.6.1.1 The Architect shall conduct an inspection prior to the

issuance of the Certificate of Substantial Completion and shall submit

a written report of work to be completed to the Owner, the Agency and

the Contractor prior to final acceptance. The Architect shall notify

the Agency about inspection allowing reasonable time for the Agency's

representative to attend. Such services shall be coordinated with the

Agency. Prior to submitting the final Certificate for Payment, the

Architect shall; 1) conduct an inspection to determine compliance with

the requirements of the Contract Documents, and 2) receive and forward

to the Owner, for the Owner's review and records, written warranties

and related documents required by the Contract Documents and assembled

by the Contractor.

ARTICLE 4, SUPPLEMENTAL AND ADDITIONAL SERVICES

Insert the word “Architect” under the heading “Responsibility” for line

items 4.1.1.11, 4.1.1.12, and 4.1.1.15 in the chart.

Add the following subparagraphs to paragraph 4.1.2 below the chart:

4.1.2.1.1 The Architect shall provide a cost estimate based on

Construction Contract Documents. The estimate shall show a breakdown

of the project cost in accordance with Rural Development requirements

and procedures.

(00-00-00) PN 000


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Guide 27

Attachment 1

Page 4

4.1.2.1.2 The selection and compensation of the Project

Representative, if required, shall be concurred in by the Agency.

4.1.2.1.3 _____ sets of Record Drawings shall be provided to the

Owner. The costs of these sets shall be included in the compensation

to the Architect not withstanding Subparagraph 11.8.

ARTICLE 5, OWNER’S RESPONSIBILITIES

Add the following subparagraph to Article 5:

5.16 Owner shall provide Agency design and construction document

regulations and guides to the Architect, upon request. The Owner shall

provide information on requirements and procedures of the Agency.

ARTICLE 6, COST OF THE WORK

Add the following paragraph to Article 6:

6.8 The Architect shall consult with the Agency Architect or Engineer

about the Agency’s requirements and procedures.

ARTICLE 8, CLAIMS AND DISPUTES

Delete the words "unless the parties mutually agree otherwise" and

substitute the words "if the parties mutually agree" in the first sentence

of subparagraph 8.3.1.

ARTICLE 9, TERMINATION OR SUSPENSION

Delete the second sentence in subparagraph 9.2 and substitute the

following:

When the Project is resumed, the Architect's compensation may be

equitably adjusted, as mutually agreed, to provide for expenses

incurred in the interruption and resumption of the Architect's

services.

Insert the words "as mutually agreed" after "OWNER SHALL COMPENSATE THE

ARCHITECT" in subparagraph 9.6.

ARTICLE 10, MISCELLANEOUS PROVISIONS

Add the following subparagraphs:

10.10 This Agreement and any amendments to this Agreement shall not be

in full force and effect until concurred with in writing by the



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Guide 27

Attachment 1

Page 5

Agency State Director or the State Director's delegate. Such

concurrence shall be evidenced by the signature of such a

representative of the Agency in the space provided at the end of this

Agreement.

10.11 If applicable, the Architect shall comply with section 319 of

Public Law 101-121, as supplemented by the Department of Agriculture

regulations (7 CFR part 3018). This statute pertains to restrictions

on lobbying and applies to the recipients of contracts and subcontracts

that exceed $100,000 at any tier under a Federal loan that exceeds

$150,000 or a Federal grant that exceeds $100,000. If applicable, the

Architect must complete a certification form on lobbying activities

related to a specific Federal loan or grant that is a funding source

for this Contract. The certification and disclosure forms shall be

provided by the Owner.

10.12: The Architect agrees to abide by the requirements under

Executive Order 12549, which pertains to the debarment or suspension of

a person from participating in a Federal program or activity. If the

total compensation described in Article 1.5 exceeds $25,000, the

Architect shall complete the relevant certification form provided by

the Owner.

ARTICLE 11, COMPENSATION

Add the following subparagraph to paragraph 11.10:

11.10.2.4 The Architect shall provide a detailed cost estimate for

Reimbursable Expenses as defined in subparagraph 11.8., which shall be

attached and made a part of this Agreement. The cost estimate must be

approved in writing by the Owner and shall be concurred with in writing

by the Agency before the services are rendered. The billings for

reimbursable services shall not exceed the budgeted amount without

prior approval of the Owner with the concurrence of the Agency. The

Agency may not concur in requests for payments which exceed the

budgeted amount unless it is established that funds are available for

such expenditures.

ARTICLE 12, SPECIAL TERMS AND CONDITIONS

Add the following subparagraph 12.1:

12.1 This Agreement is modified and supplemented by RD Instruction

1942-A, Guide 27, Attachment 1.

(00-00-00) PN 000


149 of 195 149


Guide 27

Attachment 1

Page 6

ARTICLE 13, SCOPE OF THE AGREEMENT

Delete the word "both" from the end of the second sentence in subparagraph

13.1 and conclude the sentence with "Owner, Architect and Agency".

SIGNATURE BLOCK:

Delete the signature block on page 18 of this Agreement and substitute the

following:

IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed

by their duly authorized officials, this Agreement in duplicate on the

respective dates indicated below.

OWNER:

ATTEST: __________________________ By ________________________________

Type Name ________________________ Type Name _________________________

Title ____________________________ Title _____________________________

Date _____________________________ Date ______________________________

ARCHITECT:

ATTEST: __________________________ By ________________________________

Type Name _Daniel J. Hurley ________ Type Name Amber M. Holycross, AIA, LEED

______________________

Title Chief Financial Officer_____ Title ___Vice President, Architecture

_______________________

Date _____________________________ Date ______________________________

The United States of America, as potential lender or insurer of funds to defray

the costs of this agreement and without liability for any payments thereunder,

hereby concurs in the form, content and the execution of this agreement.

U.S. Department of Agriculture

Rural Development

Rural Housing Service

By ________________________________

Type Name _________________________

Title _____________________________

Date ______________________________

o0o


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REQUEST FOR PROPOSAL

PLANNING & DESIGN SERVICES

for

FIRE/EMS BUILDING

February 2022

The City of Baraboo is soliciting competitive Proposals for comprehensive design services for a new Fire/EMS Building, including but not limited to: site planning, alternative development, programming, schematic design, design development, construction documents, bidding assistance, and construction administration for a new Fire/EMS Building. Interested firms are invited to submit a Proposal. The deadline for submitting Proposals is 2:30 p.m., Wednesday, March 30, 2022. Award of contracts for professional services for any phase of the work does not constitute a commitment for future phases of the work.

PART ONE INTRODUCTION, GENERAL INFORMATION, AND SPECIFICATIONS

1 INTRODUCTION This document constitutes a request for competitive, sealed Proposals from qualified

firms to serve as consultants as well as provide architectural/engineering services. Those services shall include information gathering, analysis, evaluation of data, and preparing reports and recommendations regarding programming, project scope, and project parameters for the location, size, design, and construction of a high quality, state-of-the-art, energy efficient Fire/EMS Building.

2 BACKGROUND INFORMATION The Baraboo Fire Department and the Baraboo District EMS occupy the former City Hall

building at 135 4th Street. That building, which was constructed in 1967, replaced the original 1927 City Hall building on the same site. The fire apparatus bay was added to the original City Hall building in 1957. To satisfy the need for additional space, the neighboring building was purchased in 1979 and the open space between them was enclosed. These combined buildings, together with a couple of subsequent additions to the rear of these buildings for the Fire Department is what exists today. The Fire Department and Baraboo District EMS also share the adjacent Alma Waite Annex at 120 5th Street, a 50’ x 112’ building.

A summary of the existing space and the corresponding floor plans for these buildings

are included in Appendix “A”.

Attachment BDocuSign Envelope ID: 90B08173-137D-47C0-856F-21A5A6491425

151 of 195 151

The need for a new Fire/EMS Building has been well documented over the last couple of decades. In 2007, Zimmerman Architectural Studio and MSA Professional Services completed a Police, Fire and Ambulance Service Facility Study, a copy of which is included as Appendix “C”.

During the interim, the respective space needs for the Fire Department and Baraboo

District EMS were programmed. The most current version of each program is included in Appendix “B”.

The City has reviewed financing options for this project based on an anticipated cost of

$10 Million to $13 Million, which must include all “soft” and “hard” project costs. The City intends to fund this project with a long-term loan from the USDA.

3 DEFINITIONS:

3.1 “BUILDING COMMITTEEE” refers to a group of people appointed by the City Council.

3.2 “CITY” refers to the City of Baraboo, its staff, and elected officials. 3.3 “COMMISSION” refers to the Baraboo District Ambulance Commission – a seven

member commission whose member represent the seven participating municipalities (City of Baraboo, Village of West Baraboo, Town of Baraboo, Town of Fairfield, Town of Greenfield, Town of Sumpter, and Town of Excelsior).

3.4 “CONTRACTOR” refers to the vendor. 3.5 “COUNCIL” refers to City of Baraboo’s Common Council. 3.6 “DISCIPLINE”, as used in this document, refers to the primary technological

capability of individuals in the responding firm. Possession of an academic degree, professional registration, certification or extensive experience in a particular field of practice normally reflects an individual’s primary discipline.

3.7 “KEY PERSONS, SPECIALISTS AND INDIVIDUAL CONSULTANTS” refer to

individuals who will have major project responsibility or will provide unusual or unique capabilities for the project under construction.

3.8 “PRINCIPALS” are those individuals in a firm who possess legal responsibility for

its management. They may be owners, partners, corporate officers, associates, administrators, etc.

4 OBJECTIVES AND PROJECT BUDGET

4.1 Project Objectives include but are not limited to the following: 4.1.1 Develop a Fire/EMS Building complex that will meet the needs of the City

for at least the next 50-years. 4.1.2 The proposed facility shall fit into the City, be compatible with the

neighborhood surrounding the selected site and shall be sensitive to local issues and concerns.


152 of 195 152

4.1.3 The City will form and facilitate a Building Committee as a part of the project. The successful firm shall support the Building Committee, attend meetings, make presentations, and provide any needed graphics, renderings and information necessary to convey the scope and character of each alternative.

4.1.4 The overall final objective of this work is to develop a clear set of design documents that will allow the project to be efficiently and economically bid and constructed.

4.1.5 Evaluate and update the space and functionality needs of the Fire/EMS Building.

4.1.6 Develop project alternatives and budget estimates. 4.1.7 Alternatives shall incorporate sustainable design. 4.1.8 Alternatives shall accommodate all aspects of the City’s’ operations. 4.1.9 Appropriate low maintenance landscaping around the site will provide an

attractive and pleasant environment. 4.1.10 Facility security shall be designed into the Fire/EMS Building to prevent

unauthorized entry and/or tampering with facility operations without detracting from the visual impact of the building.

4.1.11 Any site lighting shall be compatible with existing site lighting and adequate for security and operations.

4.1.12 The facility shall meet or exceed all building codes for the City of Baraboo and the State of Wisconsin.

4.2 Budget: 4.2.1 The City anticipates a total project cost in the range of $10,000,000 to

$13,000,000 for the full project, including Furniture, Fixtures, and Equipment (FF&E).

4.2.2 The detailed Scope of Work submitted by the prospective consultant shall take into account the budget for this project.

4.2.3 Firms shall develop a budget for the work and any budget concerns on the project shall be detailed in the Proposal.

5 SCOPE OF SERVICES

5.1 General: The selected architect shall work closely as a part of the project team with the Building Committee, City Council, and Commission to develop a design for the facility that meets the needs of the City. This objective will be accomplished through frequent and routine communication and meetings of the project team, a series of design review workshops, and close coordination with the Building Committee, City Council, and Commission.

5.2 Design Philosophy: The overall design philosophy for the facility will be toward functionality, durability, minimal maintenance requirements, energy efficiency, economy, and staff comfort. The facility shall be aesthetically pleasing while keeping within the context of its function as a Fire/EMS Building.

5.3 Phase 1 - Preliminary Design: 5.3.1 Objective: The preliminary design shall evaluate the needs and functions

of the Fire/EMS Building and develop an overall architectural program for the facility will serve the City’s needs. From that program, the architect shall develop alternatives for consideration. At the conclusion of the


153 of 195 153

preliminary design, a recommendation will be made to the City Council on how best to proceed.

5.3.2 Complete a space needs assessment to verify building size and site requirements.

5.3.3 Evaluate and assess the impact of maintaining City operations throughout construction of the project as it pertains to staging, phasing, and schedule.

5.3.4 The architect shall inspect the existing facilities and coordinate a one-day bus tour of several recently completed similar facilities in comparably sized Wisconsin municipalities to fully assess the long-term needs of the City and to develop an efficient layout of the new facility. Any cost associated with the bus tour will be paid directly by the City.

5.3.5 It shall be assumed that both staff and equipment needs will grow so consideration should be given to future expansion of this facility.

5.3.6 Conceptual Site Layout: a) Architect shall develop alternative layout for the project on the

preferred site. b) The layout of the site shall be consistent with the architectural

program and the project design philosophy. c) The layout of the site needs to account for the parking needs of

the Fire/EMS Building. 5.3.7 Site plan development will include but will not necessarily be limited to the

following components: a) Surveying – map the site to 100 feet outside the limits of

disturbance in sufficient detail for all planning and design purposes. Map shall include all surface features, utilities - both buried and overhead, and any other relevant information necessary for the work.

b) Geotechnical Investigation - provide geotechnical and foundation evaluation investigations as a part of the site development.

c) Building location and configuration will be evaluated in conjunction with the site plan to efficiently and effectively use available space and allow the opportunity for future expansion.

5.3.8 Environmental issues: a) The site design shall be sensitive to and shall protect the

surrounding environment. b) Comply with all existing environmental laws and regulations. c) Conduct any necessary environmental assessments and

investigations and submit a report of the findings to the Building Committee.

5.3.9 Zoning - All work shall conform to the City of Baraboo’s zoning regulations.

5.3.10 Grading and Storm Water Management – Grade the site and design adequate storm water management facilities to minimize the risk of flooding or excessive ponding of surface runoff.

5.3.11 Utilities - Provide for all required utilities and where feasible, install all utilities underground. Site utilities shall include but not necessarily be limited to: water, sanitary sewer, storm sewer, telephone, electric, cable TV, fiber, site lighting, and site communications.

5.3.12 Fiber Optics/Communications – Connection to the City’s computer network and phone system shall be coordinated with City staff.


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5.3.13 Landscape Design: Provide a landscape design for the facility in accordance with the City of Baraboo’s requirements that will be attractive, low maintenance, and consistent with conventional landscaping standards for a commercial office building.

5.3.14 Drawings: Develop drawings that illustrate the design concepts being proposed to allow the Building Committee to review and approve the development plan. Drawings shall include, but shall not necessarily be limited to: site plan, floor plan(s), elevations, and colored renderings.

5.3.15 ADA Compliance: Take special care to accommodate the accessibility needs for the disabled paying particular attention to the Americans with Disabilities Act. Designing only to the minimum requirements of State Code or ADA standards may not be sufficient.

5.3.16 Energy Conservation: All designs shall emphasize energy conservation and shall consider LEED concepts. Develop a report analyzing initial cost versus operating cost to demonstrate energy efficiency and life cycle costing, such that the Building Committee can evaluate the benefits of incorporating components of varying energy efficiencies into the project. The report should include a brief description of any applicable 3rd party funding program or incentives; for example, Focus on Energy.

5.3.17 Constructability issues: The Architect shall be fully responsible for the constructability of the proposed site features and structures. The Architect shall coordinate the preliminary design of all the MEP work to avoid conflicts between the respective MEP systems and confirm they will all fit into the allotted space. Notwithstanding any recommendations or approvals by the City, the Architect shall not be relieved from responsibility for the workability and suitability of the design and all details.

5.3.18 Schedule: a) The new Fire/EMS Building must be fully furnished and

operational by February 17, 2025. The Architect shall develop a schedule to meet this deadline accordingly.

b) Preliminary concepts shall be developed, reviewed, and a recommendation made to the Building Committee, Council, and Commission must allow 2 weeks for approval.

c) Develop and regularly maintain a project schedule that includes all phases of the project through completion of construction and startup and occupancy of the new facility.

d) Present the schedule in a Gantt chart format and provide sufficient detail to allow tracking of the progress of the work through each phase.

e) Keeping the project on schedule shall be a priority and goal throughout the project.

f) Promptly notify the Building Committee of any delays that will impact the successful completion of the work.

5.3.19 Cost estimates: a) Controlling the total project cost is critical to project success. b) Promptly notify the Building Committee of any change in the

estimated cost of the project. c) The Architect is expected to be keenly aware of project costs

throughout all phases of the project. The cost impact of decisions made shall be promptly communicated to the Building Committee.


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d) Routinely update project cost estimates throughout the design. e) Present cost estimates and cost impacts during project status

reports and the discussion of design concepts for the respective features of each option.

5.3.20 Construction Cost Control: a) The City is anticipating a total project cost in the range of

$10,000,000 to $13,000,000 for the full project, inclusive of all soft and hard project costs.

b) The Architect shall work within and adhere to this project budget. c) The Architect agrees to work closely with the Building Committee

to control costs. d) If an adjustment in the project budget is required to meet

the overall objectives of the Council, the Architect shall promptly notify the Building Committee and provide the necessary supporting documentation to allow the Council and Commission to make a decision. The Architect shall not proceed with completion of the project without the prior written authorization of the Council and an adjustment to the project budget.

e) If adjustment of the project budget is not feasible, the Architect shall work with the Building Committee to modify the project to reduce the scope or phasing of construction to fit within the approved budget.

f) The Architect shall remain responsible to maintain the project within the budget. If project costs exceed the budget due to the actions, inactions, and/or errors or emissions of the Architect, the Council may direct the Architect to redesign the facility at no additional cost to bring the work within budget.

5.3.21 Presentation materials: The Architect shall provide the Building Committee with any and all necessary drawings, renderings, and exhibits to convey the intent of the conceptual design to the City Council and Commission.

5.3.22 Other issues as required to complete the work: The Architect shall outline and detail in the Proposal any other tasks required to complete the work. Failure to account for items that would be considered usual and customary to this project shall not be justification for additional compensation or an extension of contract time.

5.3.23 The Architect shall not proceed with Final Design until receipt of written approval of the conceptual design from the City Council.

5.3.24 Architect’s Minimum Responsibilities for Phase 1 - Preliminary Design a) Provide all necessary personnel, resources, and sub-consultants

to complete the specified design work to the satisfaction of the Building Committee and Council.

b) Develop a space needs analysis for the new Fire/EMS Building. c) Retain a Geotechnical Engineer licensed in the State of Wisconsin

to analyze site conditions and recommend foundation configuration and loadings.

d) Retain an Environmental Assessment professional licensed in the State of Wisconsin to analyze site conditions and recommend the means and methods of dealing with any environmental factors that may impact the project.


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e) Retain a surveyor licensed in the State of Wisconsin to survey the property and develop any required site topographic maps, utility maps, and any other base mapping information necessary to complete the work.

f) Gather and compile all necessary data required from the City’s records, from field reconnaissance, and from other sources as the Consultant deems necessary to complete the work.

g) Schedule and coordinate quality control reviews during the completion of Phase 1 – Preliminary Design. Quality control will include but will not necessarily be limited to interim submittals and review meetings with Building Committee or their designated members.

h) Provide preliminary conceptual designs for review and comment to assist the City Council in determining the preferred site layout and building configuration.

i) Provide regular reports and communication with the Building Committee about the progress of the work.

j) Regularly update the project schedule. k) Provide a Financial Feasibility Report to justify the requested loan

amount from the USDA. l) Control project costs to keep the project within budget. Assist

Building Committee and staff in finalizing and adjusting the project budget as necessary.

m) Any other work considered normal for a project of this type and scope as required to meet the needs of the Council and Commission.

n) Provide project meeting minutes. 5.3.25 City’s Responsibilities for Phase 1 - Preliminary Design:

a) The City will provide existing information for the selected site. b) Provide timely input into facility design development. c) Provide required direction on City Council objectives and needs. d) Complete design review and provide comments and direction

within 2 weeks of receipt of preliminary information. e) Coordinate meetings of City, Building Committee, Commission,

and staff as necessary. f) Host review meetings.

5.3.26 At the Completion of Phase 1 – Preliminary Design, select a preferred alternative and provide direction to the Architect to allow the work to proceed to Phase 2.

5.4 Phase 2: Final Design: Upon approval of the Preliminary Design, the Architect shall proceed with Final Design and the development of bidding documents. 5.4.1 Objective: The final design shall incorporate the approved components of

the conceptual design into Drawings and Specifications suitable for public bidding through the City of Baraboo.

5.4.2 Based on the comprehensive architectural program developed in Phase 1, the Architect shall prepare final design documents for the work to include but not necessarily be limited to: a) Site Plan b) Site Utilities c) Site Grading


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d) Storm Water Management and Erosion Control Plan e) Landscaping e) Administration/office design f) Architectural requirements g) Interior space layout h) Telephone system i) Fiber Optic Communications for the City’s network j) Building material schedules k) Window and door schedules l) Room Finish Schedules m) Plumbing n) Sprinkler o) Electrical p) HVAC q) ADA Compliance r) Any other components or schedules necessary define the work.

5.4.3 Drawings: Develop final drawings, which shall include but shall not necessarily be limited to: a) Site Survey b) Site Plan and Details. c) Site Grading Plan and Details. d) Storm Water Management and Erosion Control Plan and Details e) Floor Plans f) Exterior Building Elevations g) Roof Plan h) Wall Sections and Details i) Renderings j) Interior elevations k) Room Finish Schedules l) Door and Window Schedules m) Reflective ceiling plans n) Structural Plans and Details o) Sprinkler Plans p) HVAC Plans and Details q) Plumbing Plans and Details r) Electrical Plans and Details s) Security System Plans and Details t) And any other drawings to adequately define the work and allow

competitive bidding on the project. 5.4.4 Specifications - Prepare project specifications in CSI format to cover all

aspects of the project. The specifications shall be crafted to encourage the competitive bidding for materials and components. The Architect should avoid specifying proprietary equipment that has only a sole provider for maintenance, repairs, and/or parts.

5.4.5 Constructability – The Architect shall be fully responsible for the constructability of the final design. The Architect shall coordinate the design of all the MEP work to avoid conflicts between the respective MEP systems and confirm they will all fit into the allotted space. Notwithstanding any recommendations or approvals by the City, the Architect shall not be relieved from responsibility for the workability and suitability of the design and all associated details.


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5.4.6 Cost Estimating - Routinely update the project cost estimate during final design and keep the Building Committee apprised of any changes to the overall costs of the project.

5.4.7 Construction Cost Limitation: The Architect agrees to work to keep the project within budget and to notify the Building Committee promptly if at any time the estimated cost of construction exceeds the project budget, including any contingency.

5.4.8 Schedule: The project schedule shall be regularly updated throughout the design process. The schedule shall include design, bidding, and construction work. Any delays in the completion of the work shall be promptly reported to the Building Committee.

5.4.9 Other issues as required to complete the work: The Architect shall complete any other tasks as needed to meet the project objectives of the Council and Commission. Anticipated tasks shall be noted in the Proposal.

5.4.10 The Final Design shall be reviewed and approved by the City Council and Commission. In the event that the Final Design is not approved, the Architect shall revise the design until such time it gains their approval and any such work shall be completed at no additional cost to the City.

5.4.11 The Architect shall be responsible to meet all the requirements of the permitting and reviewing agencies.

5.4.12 The project shall not proceed to the Bidding Phase without the prior written approval of the City Council and Commission.

5.4.13 Architect Responsibilities for Phase 2 - Final Design: a) Provide all necessary personnel, resources, and sub-consultants

to complete the specified design work to the satisfaction of the City.

b) Regularly meet with Building Committee to review project status and go over design details.

c) Schedule and coordinate quality control reviews during the Final Design. Quality control will include but will not necessarily be limited to interim submittals and regular review meetings with Building Committee or their designated staff.

d) Provide regular written reports and communication with the Building Committee about the progress of the work.

e) Regularly update the project schedule. f) Regularly update the project estimated costs. g) At the completion of the work, provide a final opinion of probable

costs for the project. h) Control project costs to keep the project within budget. i) Any other work as normally required for a project of this size and

scope. j) Provide project meeting minutes.

5.4.14 City’s Responsibilities for Phase 2 - Final Design: a) Provide timely input into facility design development. b) Provide required direction on Council objectives and needs. c) Complete design review and provide comments and direction

within 2 weeks of receipt of preliminary information. d) Coordinate meetings of City Council, Building Committee,

Commission and staff as necessary. e) Host review meetings.


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5.5 Geotechnical Investigation and Foundation Design: 5.5.1 Architect shall retain the services of a Geotechnical Engineer to perform

an investigation of the site soils and determine required design criteria. 5.5.2 The Geotechnical Engineer shall be a Professional Engineer licensed in

the State of Wisconsin. 5.5.3 Based on these soils investigations, the Geotechnical Engineer shall

make recommendations on type and size of foundations for the complex.

5.6 Site Surveying and Grading: 5.6.1 Architect shall retain the services of a Registered Land Surveyor licensed

in the State of Wisconsin to prepare a topographic and utility map of the property to serve as the base for design drawings. Survey shall extend a minimum of 100 feet beyond limits of disturbance.

5.6.2 Using the site topographic information, a grading and storm water management plan shall be developed to control runoff and minimize impact to neighboring properties.

5.7 Permit Requirements: 5.7.1 The Architect shall be responsible to provide all information necessary to

obtain the required approvals and permits for the work. 5.7.2 The design shall meet conform to the zoning regulations of the City of

Baraboo. 5.7.3 In the event that the design is not accepted and a building permit or other

required approvals cannot be obtained, the Architect shall redesign components of the project at no additional cost to the City to conform with the requirements such that the necessary permits can be obtained.

5.7.4 Make presentations as required for permitting and other approvals to the City Council, Building Committee, and/or Commission.

5.7.5 The Architect shall address and incorporate any comments received from review agencies into the final document.

5.8 Bidding Services: 5.8.1 Objective: The project developed during Phase 2 – Final Design shall be

competitively bid through the City of Baraboo to contract with a qualified contractor at an equitable price with minimal change orders.

5.8.2 Architect’s Responsibilities for Bidding: a) Provide all necessary personnel, resources, and sub-consultants to

assist the City in competitively bidding the work. b) Gather and compile all necessary data required from City and

County records and from other sources as deemed necessary to successfully and competitively bid the project.

c) Prepare bidding forms, conditions of the Contract, and the form of Agreement between the Contractor and the Council. Architect shall use the AIA standard forms and contract, which may include modifications by the City’s legal counsel.

d) Provide a PDF of the complete Plans and Specifications suitable for posting to Quest CDN.

e) Assist the City in answering questions from prospective bidders.

f) Participate in a pre-bid meeting with prospective contractors explaining the project concepts and goals and answering questions.


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g) Prepare Contract Addendums as required to clarify or modify the design.

h) Assist the City in opening and evaluating the bids and recommending an award.

i) Cost Limitation on Construction Costs:

(1) In the event that the bid price is higher than the project budget, work with the City to determine ways to cut costs.

(2) Assist the City in value engineering the project to reduce costs. Evaluate alternatives, provide cost information, and advise the City as to the value of all revisions.

(3) Work with vendors and contractors in developing and evaluating cost reduction alternatives.

(4) Assist the City in re-design and re-bidding the project if required. Justification of additional compensation to the Architect shall be considered based on the reasons and sources of the cost overruns.

j) Provide any other work and assistance during the bidding process that would be considered to be usual and customary for a project of this size and scope.

k) Prepare construction contracts.

5.8.3 City’s Responsibilities for Bidding: a) Post the PDF of the complete Bidding Documents to Quest CDN. b) Host the pre-bid meeting. c) Host the bid opening. d) Work with the Architect to recommend an award. e) Obtain approval from the Common Council and Commission to

award a contract for construction of the project.

5.9 Construction Administration Services: 5.9.1 Objective: Assist City in monitoring, recording, and administering

construction activities. 5.9.2 Architect’s Responsibilities for Construction Administration Services:

a) Provide all necessary personnel, resources, and sub-consultants to assist the City in administering construction of the project.

b) Construction administration and documentation to include but not necessarily be limited to: (1) Shop drawings (2) Schedule compliance (3) Contract compliance (4) Regular construction meetings (5) Request for information (6) Request for change (7) Change Orders (8) Monthly pay requests (9) Operation and maintenance manuals (10) Test results (11) Final inspection and punch list (12) Contract Closeout (13) Training (14) Startup and Commissioning (15) Other tasks normal to facility construction administration


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c) Construction Inspection Services or Resident Engineer: (1) Full-time inspection services are not anticipated at this time. (2) Provide a reasonable amount of on-site coordination and

inspection to adequately protect the City’s interests and to ensure that the facility is constructed in compliance with project’s contract documents. For the sake of this Proposal, reasonable is considered to be bi-weekly (once every two weeks), as a minimum.

(3) Resident inspector/engineer shall provide written site reports to the Building Committee each time the inspector/engineer is on site.

(4) Resident inspector/engineer shall witness and document startup and testing of the facility.

(5) Any other work noted in this Request for Proposals and the project Scope of Work required to successfully complete construction, startup and commissioning of the facility.

5.9.3 City’s Responsibilities for Construction Administration Services: a) Accept or reject contract documentation. b) Approve pay requests. c) Provide direction as necessary. d) Accept or reject change orders. e) Attend project meetings. f) Work with the Architect to ensure contract compliance.

5.10 Consultant/Architect Evaluation 5.10.1 At the completion of the project, the City may, at its option, conduct a

consultant evaluation. 5.10.2 The following criteria may be evaluated:

a) Ability to meet project schedules and budgets. b) Accuracy and completion of contract documents. c) Number of Addendum required during bidding. d) Constructability of the project. e) Construction cost control. f) Number of Requests for Information, Supplemental Instructions,

Construction Change Orders, and Contractor Disputes. g) Responsiveness to City’s concerns.

5.11 Quality Control Reviews: 5.11.1 Phase 1

a) 30 percent completion b) 70 percent completion c) Final Draft

5.11.2 Phase 2 a) 30 percent completion b) 70 percent completion c) Final Draft

5.12 Monthly Progress Reports:

5.12.1 Project progress reports shall be submitted by the first of every month.

5.12.2 No payments will be released to the Architect without an acceptable monthly report.


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5.12.3 Each report shall detail progress made during the previous month,planned work for the coming month and any issues to be resolved.

5.12.4 All monthly reports shall include an undated project schedule and costupdate.

5.12.5 Monthly reports shall not exceed one type-written page, excludingupdated schedules, charts or tables.

5.13 Meetings:5.13.1 A project kickoff meeting shall be held prior to starting any design work.5.13.2 Regular project meetings shall be held throughout Phase 1 and Phase 2

of the design process in the Council Chambers at City Hall, located at 101South Blvd in Baraboo. Plan to attend a minimum of 1 meeting per monthin-person with additional meetings scheduled around project milestones,presentations, and other decision points.

5.13.3 Meetings with other City Departments for permitting purposes are notincluded in the meetings noted above.

5.13.4 Quality control review meetings will be held with the Building Committeeat 30%, 70% and at completion of the submittal draft for each phase ofthe project.

5.14 Deliverables for both Phase 1 and Phase 2:5.14.1 Electronic copies of all submittals in editable format. Typically this will be

in the original format in which the document was developed.5.14.2 30 Percent: 6 paper copies of project documents to the City for review.5.14.3 70 Percent: 6 paper copies of project documents to the City for review.5.14.4 Submittal Draft: 6 paper copies to the .5.14.5 Building Permit Submittal: Copies as required.5.14.6 Final Approved Documents: 6 complete paper copies of the documents to

the City.5.14.7 Bidding Documents (complete plans and specifications) shall be

submitted electronically on a compact disk (CD) or thumb drive.Specifications shall be in MS Word format and Plans shall be in MicroStation, AutoCAD, or Revit. All of the Bidding Documents shall also becombined into a single PDF suitable for posting to QuestCDN. Submittalformat shall be coordinated with the Building Committee.

5.14.8 Monthly progress reports throughout the project.

6 CITY OF BARABOO PROJECT TEAM

6.1 City of Baraboo Point of Contact:

Casey Bradley, City AdministratorBaraboo Municipal Building101 South Blvd StreetBaraboo, WI [email protected]


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6.2 Building Committee Members:

City AdministratorPublic Safety Committee ChairFire ChiefEMS ChiefCity Engineer / DPWFinance DirectorCommunity Development Authority Director

(Construction Manager)

7 MANDATORY PRE-PROPOSAL MEETING

7.1 There will be a mandatory pre-proposal meeting at 10:30 AM on TuesdayMarch 8, 2022 to review the RFP with prospective Contractors andaddress any preliminary questions or concerns. Contractors should planto tour the existing Fire Department and EMS facilities following themeeting.

7.2 The meeting will be held in Council Chambers on the second floor of theBaraboo Municipal Building at 101 South Blvd in Baraboo.

8 PROPOSAL

8.1 General:8.1.1 The Proposal will be limited to no more than twenty (20) pages plus

resumes of the proposed team members and sample drawings.8.1.2 Font used on all sheets including the schedule shall be no smaller than

paper, each side is one page.8.1.3 The use of 11 x 17 paper shall be limited to drawings, schedules and

tables. Each 11 x 17 sheet shall be considered one page. Print 11 x 17pages single-sided.

8.1.4 Margins shall be a minimum of 0.75 inches on all edges.8.1.5 Submitted resumes shall not exceed one page in length per team

member.8.1.6 Work examples will not be considered part of the page limit.

8.2 Statement of Project Understanding:8.2.1 Provide a detailed statement of project understanding.8.2.2 Statement shall cover but not be limited to:

a) Understanding of need for the projectb) Project objectivesc) Project challengesd) Permitting

8.3 Statement of Qualifications and Work History shall include but not necessarily belimited to:8.3.1 Detailed description of the proposed Project Team.


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8.3.2 Documentation of qualifications of the proposed Project Team on projectsof similar size and complexity.

8.3.3 A demonstration of a thorough, up to date working knowledge of theapplicable City of Baraboo building and zoning regulations.

8.3.4 Project History:a) List of completed projects of similar size and complexity

completed within the last 5 years.b) Clearly indicate dates for each project.c) Other relevant project design and approval experience.d) Include name of Project Manager for each project.e) Client name and phone number.f) Project Design Fee History:

(1) Initial design fee dollar value(2) Value of any amendments to the design fee and justification

for the change.(3) Provide a breakdown of conceptual design fee, final design

and permitting fee, and construction administration fee foreach project listed.

(4) Provide the actual design schedule for the project.8.3.5 Construction Cost History:

a) List the opinion of construction cost for each project.b) List the low bid for each project.c) List the value of all change orders for each project and the reason

for the change orders8.3.6 Provide any other relevant details, descriptions, or explanations for each

project as warranted to allow the Cityhistory.

8.4 Include a Detailed Work Plan for this Project:8.4.1 Provide a detailed breakdown of how the work will be sequenced with a

description of each major task.8.4.2 List milestones and critical path items.8.4.3 Indicate major challenges and decision points.8.4.4 Include permitting required and associated hurdles that must be cleared.8.4.5

understanding and experience of the process necessary to complete aproject of this type.

8.5 Sub-consultants: Include proposed sub-consultants with their portion of the workidentified and a listing of the appropriate qualifications and respective referenceswith phone numbers.

8.6 Project Schedule:8.6.1 Include a detailed project schedule.8.6.2 Schedule shall be a Gantt chart.8.6.3 Include sufficient detail to demonstrate a thorough understanding of the

process to complete the work and obtain the necessary permits.

8.6.4 The quality and detail of the project schedule will provide an indication ofthe firms experience in completing projects of this type and will be used inthe evaluation of the Proposal.


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9 References:

9.1 Provide names and phone numbers of a minimum of three references familiar with the proposed Project Manager and other proposed key team members.

9.2 References should be from projects of similar size and complexity.

9.3 References should have direct experience with Project Manager on projects of similar size and complexity.

10 Project Management: 10.1 Provide documentation of effective project management.

10.2 Include project cost control.

10.3 Document project communications protocols and policy.

11 Work Samples: 11.1 Provide work examples of two (2) projects completed in the last five (5) years.

11.2 Provide a maximum of two (2) drawings, no larger than 11” x 17”, for each

project.

11.3 Describe the proposed Project Manager’s function and role on each of the two submitted work samples.

11.4 The sample drawings shall be from the projects listed and documented in the work history included above.

11.5 The sample drawings are not included in the sheet count for the Proposal.

12 Projected Hours and Estimated Costs: (Based on $10 Million construction cost) 12.1 Submit a detailed breakdown of the estimated hours and projected costs for each

project by discipline and firm.

12.2 The estimated hours shall provide a demonstration of your firms understanding of the effort and organization needed to complete the project.

12.3 Submit the estimated hours and associated costs in a separate sealed envelope clearly marked “Projected Hours and Estimated Costs”.

12.4 The hour and cost estimate is not included in the page count for the Proposal.

12.5 The projected hours and estimated costs will not be used in the initial

evaluation of your Firm’s qualifications for this project. The projected hours and estimated costs will be used as part of the evaluation by the selection committee of the short-listed Firms.


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12.6 Following selection of the successful Firm, these submitted costs will be used as a starting point to negotiate a Lump Sum, Not to Exceed Contract for the work and complete a detailed Scope of Services.

13 Interview: (optional at the owner’s discretion)

13.1 The City of Baraboo reserves the right to make a selection based solely on the information contained in the Proposal. If no clear choice can be made based on the submitted written Proposals, the City reserves the right to either interview selected Firms or request additional information to help in determining the most qualified Firm.

13.2 Interview format (if used): 13.2.1 30-minute presentation 13.2.2 30-minutes for questions and answers 13.2.3 The proposed Project Manager shall lead the presentation. 13.2.4 Presentation team shall have a maximum of five (5) people

13.3 Presentation: The objective of the interview is to clearly demonstrate the Firm’s qualifications to complete the project to the satisfaction of the Council and Commission. The presentation shall be brief and concise and shall include but shall not be limited to: 13.3.1 A presentation of details and special features of previous projects

completed by members of the proposed Project Team. 13.3.2 Information should include how the design for the project cited was

developed, how the team worked with the Owner, and how the finished product was received.

13.3.3 Cost information should be presented for any project experience used to include design fees and amendments and construction costs and project change orders.

13.3.4 A description of how the PM and the team proposes to work and communicate with the Building Committee and Council throughout the project.

13.3.5 A description of how the team will manage the design and control the costs on this project.

13.4 Following a review of the submittals, the City reserves the right to establish additional requirements and content for the interview to further aid in the determination of the Firms’ qualifications.

13.5 Extensive and detailed preliminary layouts and designs of the proposed Fire/EMS Building are not necessary for the interview and should not be included in the interview presentation.

13.6 Questions: The selection team may prepare a list of standard questions for the interview. Additional questions may be developed based on the Firm’s Proposal to clarify information submitted.


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14 SUBMITTAL

14.1 Submit eight (8) hard copies and one electronic copy of the Proposal to the following address:

Casey Bradley, City Administrator City Hall 101 South Blvd Baraboo, WI 53913

14.2 The submittal shall be clearly marked:

CITY OF BARABOO FIRE/EMS BUILDING - PLANNING & DESIGN SERVICES PROPOSAL

14.3 Due Date and Time: 14.3.1 The submittal deadline is 2:30 pm – Wednesday March 30, 2022. 14.3.2 Email or fax submittals are not permitted and will not be accepted. 14.3.3 The City is not responsible for late deliveries. 14.3.4 Submittals received after the designated time shall be returned

unopened.

15 SELECTION PROCESS

15.1 General: The selection will be based on demonstrated qualifications in the design and construction of projects of similar size and complexity. Preference will be given to documented experience in the design, permitting, construction, and startup of Fire/EMS Buildings. A capability of working closely with and as a highly functioning team with the Building Committee and/or City Council toward the successful completion of the project will be critical to project success.

15.2 Selection Committee: The members of the Selection Committee will be members of the Building Committee and one member from the City’s Finance Committee. The Selection Committee will make a recommendation to the City Council, who will have the final authority to award this project.

15.3 Ranking: 15.3.1 Submittals will be ranked based on the following categories:

a) Project understanding b) Experience with projects of similar size and complexity c) Proposed Project Team d) Proposed Project Schedule and Work Plan e) Overall Quality of Two Work Samples f) Project Management History and Plan g) Cost Estimating and Cost Control History

15.3.1 A short list of 2 to 4 Firms will be developed from the review of the Proposals.

15.3.2 Estimated hours and costs (Based on $10 Million construction cost) for the short-listed Firms will be evaluated for: a) Demonstration of project understanding


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b) Indicated effort required by phase and proposed tasksc) Overall Project Budget

15.3.3 Interview (optional at the owner’s discretion) for the top 2 to 4 Firms -Firms will be judged based on the following:a) Project Team Presentation and Organizationb) Demonstration of Project Understanding and Project approachc) Project Management/Cost Control Pland) Completed Projectse) Questions and Answers

15.4 Final Selection15.4.1 The Firm judged to be the most qualified based on all of the information

presented and evaluated will be selected by the City Council.15.4.2 The selected Firm shall be notified in writing. No other method shall be

considered to be official notification of selection by the City Council.15.4.3 The selection of the City Council shall be final.15.4.4 Projected Schedule (Subject to change)

a) March 08, 2022 – Mandatory Pre-Proposal Meeting at 10:30 AMb) March 30, 2022 – Proposal Deadline at 2:30 PMc) April 08, 2022 – Short List of Firms to Interview is recommended

to the City Councild) April 19 and 20, 2022 – Interviews (optional at owner’s discretion)e) April 26, 2022 – City Council selects top Firmf) May 03, 2022 – Detailed scope of services and draft contract

submitted to City for review and approvalg) May 10, 2022 – Design Contract approved by Baraboo City

Councilh) May 23, 2022 – Estimated start date for Design Servicesi) February 01, 2023 – Advertise for Bids (pending USDA approval)j) March 14, 2023 – Tentative Bid Opening for Construction Projectk) April 02, 2023 – Tentative Construction Contract Approvall) April 03, 2023 – Notice of Award0m) April 15, 2023 – Start of Constructionn) February 17, 2024 – Occupancy by owner

16 CONTRACT

16.1 Contract:16.1.1 The Firm that is recommended for award of this Contract will be required

to negotiate an equitable Lump Sum, Not to Exceed contract with theCouncil based on the approved Scope of Work.

16.1.2The selected Firm will then enter into a standard AIA Contract for DesignServices, which may include modifications by the City’s legal counsel, withthe Supplementary Conditions attached hereto.

17 QUESTIONS

Questions concerning this Request for Proposal should be directed to:


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Casey Bradley – City Administrator City Hall 101 South Blvd Baraboo, WI 53913 (608) 355-2715 [email protected]

Questions will be reviewed and answers to such questions will be shared with all Firms via e-mail. The deadline for submitting all questions is March 22, 2022.

18 CLARIFICATION OF REQUIREMENTS

18.1 Contractors are strongly encouraged to read the "General Requirements", carefully prior to the submission of a Proposal.

18.2 Any and all questions regarding specifications, requirements, competitive procurement process, etc., must be directed to the contact person as indicated in this RFP.

18.3 Contractors are cautioned not to contact members of the City Council and discouraged from contacting employees of the City of Baraboo or Baraboo District EMS during the competitive procurement and evaluation processes.

18.4 The Contractor is advised that the only official position of the City is that which is stated in writing and issued by the contact person. No other means of communication, whether oral or written, shall be construed as a formal or official response or statement.


170 of 195 170


PART TWO

CITY OF BARABOO SUPPLEMENTARY CONDITIONS 1. SPECIFICATIONS: The specifications in this request are the minimum acceptable. The

City of Baraboo shall be the sole judge or equivalency. Contractors are cautioned to avoid bidding alternates to the specifications which may result in rejection of their Proposal.

2. DEVIATIONS AND EXCEPTIONS: Deviations and exceptions from terms, conditions, or

specifications shall be described fully, on the Contractor's letterhead, signed, and attached to the request. In the absence of such statement, the Proposal shall be accepted as in strict compliance with all terms, conditions, and specifications and the contractors shall be held liable.

3. ACCEPTANCE-REJECTION: The City of Baraboo reserves the right to accept or reject

any or all Proposals, to waive any technicality in any Proposal submitted, and to accept any part of a Proposal as deemed to be in the best interests of the City.

3.1 Proposals MUST be date stamped by the City Clerk at 101 South Blvd in

Baraboo on or before the date and time that the Proposal is due. Proposals dated and time stamped in another office will be rejected. Receipt of a Proposal by the mail system does not constitute receipt of a Proposal by the Administrator.

4. TAXES: The City of Baraboo is exempt from payment of all federal tax and Wisconsin

state and local taxes on its purchases except Wisconsin excise tax, which is excepted by State Statutes.

5. ENTIRE AGREEMENT: These Supplementary Conditions shall apply to any contract or

order awarded as a result of this RFP except where special requirements are stated elsewhere in the RFP; in such cases, the special requirements shall apply.

6. APPLICABLE LAW: The Contractor shall at all times comply with and observe all

federal and state laws, local laws, ordinances, and regulations which are in effect during the period of this contract and which in any manner affect the work of its conduct. The Sauk County Circuit Court shall be the court of exclusive jurisdiction for any litigation between the parties arising out of the performance of this contract. This contract shall be interpreted in accordance with the laws of the State of Wisconsin. It is understood that requirements of s. 62.15 Wisconsin Statutes do not apply to this solicitation as the contract awarded will not involve "public work" as defined by Wisconsin law.

7. ASSIGNMENT: No right or duty in whole or in part of the contractor under this contract

may be assigned or delegated without the prior written consent of the City. 8. SUB-CONSULTANTS: If sub-consultants are planned to be used, this should be clearly

explained in the Proposal. The City reserves the right to reject any subcontractor. However, the prime contractor will be responsible for contract performance whether or not sub-consultants are used.


171 of 195 171

9. ARBITRATION/APPEALS PROCESS: Notice of intent to protest and protests of any award made must be made in writing and filed with City Clerk, City Hall, 101 South Blvd, Baraboo, Wisconsin 53913, within five (5) calendar days after discussion and recommendation of award. The provisions of Chapter 68 of the Wisconsin State Statutes shall apply.

9.1 Any dispute arising after award as to performance, quality and/or quantity shall

be subject to arbitration as provided under Chapter 788 of the Wisconsin State Statutes.

9.2 The City of Baraboo reserves the right to have claims, disputes, or other matters

in question decided by litigation. If the City waives its right to litigation, then the arbitration provisions shall apply.

10. NONDISCRIMINATION: In connection with the performance of work under this contract,

the Contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01(5), Wis. Stats., sexual orientation or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

10.1 Failure to comply with the conditions of this clause may result in the Contractor

becoming declared an "ineligible" Contractor, termination of the contract, or withholding of payment.

11. SAFETY REQUIREMENTS: All materials, equipment, and supplies provided to the

Council must comply fully with all safety requirements as set forth by the Wisconsin Administrative Code, Rules of the Industrial Council on Safety, and all applicable OSHA Standards.

12. HOLD HARMLESS: Contractor agrees to indemnify, hold harmless, and defend the

City, its officers, agents and employees from any and all liability including claims, demands, losses, costs, expenses and damages of every kind arising out of or in connection with services provided pursuant to this contract where such liability is founded upon or grows out of acts or omissions of any agents or employees of the contractor.

13. INSURANCE RESPONSIBILITY: The Contractor performing services for the City shall

comply with the following insurance requirements: 13.1 Provide policy, countersigned by an insurer licensed to do business in the State

of Wisconsin, covering the period of the Agreement/Contract indicating that the City of Baraboo is an additional named insured on public liability, professional liability and property damage insurance required above.

13.2 Provide insurance certificates indicating required coverage, countersigned by an

insurer licensed to do business in Wisconsin, covering the period of the agreement/contract. The insurance certificate is required to be presented prior to the issuance of the purchase order or before commencement of the contract.


172 of 195 172

14. CANCELLATION: The City reserves the right to cancel any contract in whole or in part

without penalty due to non-appropriation of funds, or for failure of the Contractor to comply with the terms, conditions, and specifications of this contract.

15. AUDIT: During the term of the contract, the Contractor shall, upon the request of the

City, make available at reasonable times and places, such information as may be required for the purpose of auditing submitted bills for the service provided under the contract.

16. INDEPENDENT CONTRACTOR STATUS: None of the officers, employees, or agents

of the Contractor are employees of the City of Baraboo for any purpose, including but not limited to compensation, fringe benefits, or insurance coverage.

17. PUBLIC RECORDS ACCESS: It is the intention of the City to maintain an open and

public process in the solicitation, submission, review, and approval of procurement activities.

17.1 Records may not be available for public inspection prior to issuance of the notice

of intent to award or the award of the contract. 18. PROPRIETARY INFORMATION: Any restrictions on the use of data contained within a

Proposal must be clearly stated in the Proposal itself. Proprietary information submitted in response to a request will be handled in accordance with applicable City of Baraboo procurement regulations and the Wisconsin public records law. Proprietary restrictions normally are not accepted. However, when accepted, it is the Contractor’s responsibility to defend the determination in the event of an appeal or litigation.

18.1 Data contained in a Proposal, all documentation provided therein, and

innovations developed as a result of the contracted commodities or services cannot be copyrighted or patented. All data, documentation, and innovations become the property of the City of Baraboo.

18.2 Any material submitted by the vendor in response to this request that the vendor

considers confidential and proprietary information and which qualifies as a trade secret, as provided in s. 19.36(5), Wis. Stats., or material which can be kept confidential under the Wisconsin public records law, must be identified. Proposal prices cannot be held confidential.

19. DISCLOSURE: If a public official (s. 19.42, Wis. Stats.), a member of the public official's

immediate family, or any organization in which a public official or a member of the official's immediate family owns or controls a ten percent (10%) interest, is a party to this agreement, and if this agreement involves payment of more than three thousand dollars ($3,000.00) within a twelve (12) month period, this contract is voidable by the county unless appropriate disclosure is made according to s. 19.45(5), Wis. Stats., before signing the contract.

20. MATERIAL SAFETY DATA SHEET: If any item(s) on an order(s) resulting from this

award(s) is a hazardous chemical, as defined under 29 CFR 1910.1200, provide one (1) copy of Material Safety Data Sheet for each item with the shipped container(s) and one (1) copy with the invoice(s).


173 of 195 173

Personnel Classification

Billing

Rate

Principal 250.00$

Program Manager 225.00$

Sr. Project Manager 200.00$

Project Manager 175.00$

Project Coordinator 140.00$

Project Administrative Assistant 75.00$

Sr. Architect 225.00$

Architect 7 210.00$

Architect 6 175.00$

Architect 5 160.00$

Architect 4 130.00$

Architect 3 110.00$

Architect 2 95.00$

Architect 1 80.00$

Interior Designer 7 205.00$







Designer 4 120.00$

Designer 3 95.00$

Designer 2 85.00$

CAD Drafter 95.00$

Director of Sustainability 160.00$

Senior Engineer 235.00$

Engineer 170.00$

Design Engineer 125.00$

Designer 105.00$

Drafter 90.00$

The rates noted hereon are effective for twelve months from 08 / 31 /

20 . After the twelve-month period, the rates noted are subject to

increase based on salary adjustments.

Attachment CDocuSign Envelope ID: 90B08173-137D-47C0-856F-21A5A6491425

174 of 195 174

PERMIT TYPE ISSUED YTD EST COST YTD FEES YTD ISSUED YTD EST COST YTD FEES YTD

Commercial, New 0 0 $0.00 $0.00 $0.00 $0.00 1 1 $460,000.00 $460,000.00 $2,407.68 $2,407.68

Commercial Addition 0 0 $0.00 $0.00 $0.00 $0.00 0 1 $0.00 $9,731,600.00 $0.00 $0.00

Commercial, Alterations 1 10 $323,147.00 $1,461,880.00 $827.26 $2,582.30 1 10 $25,000.00 $1,196,600.00 $685.00 $2,299.69

Commercial, Razing 0 0 $0.00 $0.00 $0.00 $0.00 0 1 $0.00 $20,000.00 $0.00 $30.00

Residential , New SF 2 7 $375,000.00 $2,395,907.00 $1,822.62 $6,488.26 0 1 $0.00 $250,000.00 $0.00 $759.37

Residential, New Duplex 0 1 $0.00 $250,000.00 $0.00 $1,497.19 0 0 $0.00 $0.00 $0.00 $0.00

Residential, Additions 0 0 $0.00 $0.00 $0.00 $0.00 1 3 $100,000.00 $225,000.00 $100.00 $504.20

Residential Remodel 8 30 $83,100.00 $506,117.00 $600.00 $3,033.33 4 23 $83,700.00 $368,401.00 $300.00 $1,824.83

Residential, Razing 0 0 $0.00 $0.00 $0.00 $0.00 0 0 $0.00 $0.00 $0.00 $0.00

Accessory Building Razing 1 3 $0.00 $500.00 $30.00 $90.00 2 2 $1,000.00 $1,000.00 $60.00 $60.00

Roofing/Siding/Windows 18 33 $254,924.00 $396,279.00 $1,599.04 $2,688.73 15 38 $145,482.00 $417,062.00 $916.23 $2,588.82

Garage/Sheds/Deck/Fence 20 53 $114,400.00 $382,920.00 $1,335.00 $3,675.00 11 33 $92,500.00 $268,832.00 $735.00 $2,250.00

Multi-Family Units 0 0 $0.00 $0.00 $0.00 $0.00 0 0 $0.00 $0.00 $0.00 $0.00

Plumbing Only 1 2 $1,000.00 $1,350.00 $60.00 $120.00 0 2 $0.00 $181,500.00 $0.00 $120.00

Electrical Only 5 14 $12,850.00 $34,151.00 $420.00 $1,020.00 0 8 $0.00 $14,000.00 $0.00 $480.00

HVAC Only 1 5 $2,400.00 $544,023.00 $60.00 $29,717.55 0 3 $0.00 $47,948.00 $0.00 $240.00

Sign Permits 1 5 $5,000.00 $21,412.00 $60.00 $360.00 2 7 $3,100.00 $12,370.00 $90.00 $450.00

Solar Install 0 4 $0.00 $64,103.00 $0.00 $240.00 2 6 $18,910.00 $57,245.00 $120.00 $360.00

Misc. Permits 3 7 $500.00 $33,379.00 $220.00 $610.00 1 5 $15,000.00 $21,000.00 $180.00 $400.00

TOTALS 61 174 $1,172,321.00 $6,092,021.00 $7,033.92 $52,122.36 40 144 $944,692.00 $13,272,558.00 $5,593.91 $14,774.59

REPORT OF BUILDING INSPECTION

Construction, Plumbing, Electrical, HVAC, Commercial

MAY20222021

175 of 195 175

INCIDENT TYPE

111 - Building fire

142 - Brush or brush-and-grass mixture fire

311 - Medical assist, assist EMS crew

322 - Motor vehicle accident with injuries

324 - Motor vehicle accident with no injuries.

351 - Extrication of victim(s) from building/structure

353 - Removal of victim(s) from stalled elevator

356 - High-angle rescue

412 - Gas leak (natural gas or LPG)

424 - Carbon monoxide incident

444 - Power line down

445 - Arcing, shorted electrical equipment

531 - Smoke or odor removal

551 - Assist police or other governmental agency

553 - Public service

611 - Dispatched & cancelled en route

622 - No incident found on arrival at dispatch address

651 - Smoke scare, odor of smoke

741 - Sprinkler activation, no fire - unintentional

743 - Smoke detector activation, no fire - unintentional

745 - Alarm system activation, no fire - unintentional

Total Incidents

INCIDENT TYPE111 - Building fire

114 - Chimney or flue fire, confined to chimney or flue

142 - Brush or brush-and-grass mixture fire

311 - Medical assist, assist EMS crew

322 - Motor vehicle accident with injuries

324 - Motor vehicle accident with no injuries.

350 - Extrication, rescue, other

351 - Extrication of victim(s) from building/structure

353 - Removal of victim(s) from stalled elevator

356 - High-angle rescue

411 - Gasoline or other flammable liquid spill

412 - Gas leak (natural gas or LPG)

442 - Overheated motor

443 - Breakdown of light ballast

444 - Power line down

445 - Arcing, shorted electrical equipment

463 - Vehicle accident, general cleanup

531 - Smoke or odor removal

551 - Assist police or other governmental agency

553 - Public service

561 - Unauthorized burning

611 - Dispatched & cancelled en route

622 - No incident found on arrival at dispatch address

651 - Smoke scare, odor of smoke

671 - HazMat release investigation w/no HazMat

730 - System malfunction, other

733 - Smoke detector activation due to malfunction

735 - Alarm system sounded due to malfunction

736 - CO detector activation due to malfunction

741 - Sprinkler activation, no fire - unintentional

743 - Smoke detector activation, no fire - unintentional

745 - Alarm system activation, no fire - unintentional

Total IncidentsPrevious Year-to-Date

Difference 20.11%

4

2

6

8

189151

1

1

2

4

2

20

16

3

1

1

4

2

3

4

1

1

1

1

1

2

1

1

1

2

Baraboo Fire DepartmentMonthly Report - May 2022

Count of Incidents by Incident Type for Incident Status for Date Range

Incident Status(s): All Incident Statuses | Sort By: IncidentType | Start Date: 05/01/2022 | End Date: 05/31/2022

# INCIDENTS

3

1

1

12

1

1

8

7

1

2

1

1

49

Count of Incidents by Incident Type for Incident Status for Date Range - YEAR-TO-DATEIncident Status(s): All Incident Statuses | Sort By: IncidentType | Start Date: 01/01/2022 | End Date: 05/31/2022

# INCIDENTS6

1

70

8

5

1

1

1

1

1

2

2

1

176 of 195 176

Incident Responses by Municipality Total Incidents Percent Year-to-Date PercentIncident Responses by Municipality Total Incidents Percent Year-to-Date

City of Baraboo 32 65.31% 128 67.72%

Village of West Baraboo 3 6.12% 17 8.99%

Town of Baraboo 9 18.37% 17 8.99%

Town of Fairfield 0 0.00% 11 5.82%

Town of Greenfield 1 2.04% 3 1.59%

Town of Sumpter 0 0.00% 0 0.00%

Mutual Aid - City 0 0.00% 1 0.53%

Mutual Aid - Rural 1 2.04% 3 1.59%

Automatic Mutual Aid 2 4.08% 6 3.17%

Mutual Aid Box Alarms System (MABAS) 1 2.04% 3 1.59%

Totals 49 100.00% 189 100.00%

Baraboo Fire DepartmentMonthly Report - May 2022

Breakdown by Major Incident Types for Date Range YEAR-TO-DATEZone(s): All Zones | Start Date: 01/01/2022 | End Date: 05/31/2022

SUMMARY FOR INCIDENTS PER MUNICIPALITY

177 of 195 177

Baraboo Fire Department

Monthly Report - May 2022

Fire Inspections January February March April May June July August Sept. Oct. Nov. Dec

City of Baraboo 56 66 68 140 202

Village of West Baraboo 70 0 2 49 7

Town of Baraboo 0 0 0 0 0

Town of Fairfield 0 0 0 2 0

Town of Greenfield 0 0 0 0 0

Town of Sumpter 0 0 0 0 0

Totals 126 66 70 191 209 0 0 0 0 0 0 0

Total Inspections Year to Date 662

Number Number Number Total

Fire Prevention Education - Current Month of Activities of Adults of Children Participants

Fire Extinguisher and Fire Safety Training 0 0 0 0

Fire Safety Presentations 0 0 0 0

Fire Safety House Training 0 0 0 0

Other (Rural Safety Days In Person and Virtual Component) 25 70 558 628

Public CPR Class 0 0 0 0

Grand Totals 25 70 558 628

977

Number of Number of

Smoke Alarms CO Alarms Total

Install Smoke and Carbon Monoxide Alarms 1 0 1

4 Year to Date Total

Total Fire Safety Contacts Year to Date

178 of 195 178

City of Baraboo Treasurer's Report Investment 2022 6/9/2022Month May 2022

Bank Balance Bank

BANK INVESTMENTS Type Fund Account Term Maturity Rate BSB LGIP WF CFB SUM BWD PDS PVL CLARE WCCU NIC CCF BMO FICA SCHWAB Grand Total

Alma Waite Account NOW account 820 104502957 Daily 0.25% 103,011.34 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 103,011.34

Alma Waite Trust Fund Cert of Deposit 820 1807416 30 months 7/25/23 0.45%* 0.00 0.00 0.00 200,901.01 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 200,901.01

3880111 18 months 4/21/23 0.40% 0.00 0.00 0.00 0.00 0.00 100,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 100,000.00

7758002185 12 months 4/6/23 1.00% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 100,000.00 0.00 0.00 100,000.00

Investment Pool 820 856206-3 Daily 0.62% 0.00 38,766.27 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 38,766.27

Deposit Placement 820 10090686 Daily 0.85% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 161,216.05 0.00 0.00 0.00 0.00 0.00 0.00 0.00 161,216.05

Dana Investment 820 3694-7092 (blank) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 500,000.00 500,000.00

CDA-Grant Accounts Checking 220 1000934/1146394 Daily none 10.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 10.00

CDA-Loan Accounts (blank) 983 (blank) (blank) 593,073.79 170,418.11 0.00 257,762.35 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,021,254.25

Fire Benefit Fund Investment 900 126696102 Daily 0.04% 0.00 0.00 0.00 0.00 650.96 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 650.96

Cert of Deposit 900 1808136 12 months 5/7/22 0.25% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00

54962-100 12 months 5/9/23 0.60% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 50,000.00 0.00 0.00 0.00 0.00 0.00 50,000.00


Fire Equipment Fund Cert of Deposit 420 3876649 18 months 5/27/22 0.60% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00

1807422 30 months 7/25/23 0.45%* 0.00 0.00 0.00 200,901.01 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 200,901.01

54962-113 12 months 3/25/22 0.60% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 200,800.81 0.00 0.00 0.00 0.00 0.00 200,800.81

1807950 30 months 9/29/23 0.30%* 0.00 0.00 0.00 161,959.46 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 161,959.46

7758002186 12 months 4/6/23 1.00% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 100,000.00 0.00 0.00 100,000.00

60000014 12 months 5/31/23 1.00% 0.00 0.00 0.00 0.00 0.00 0.00 180,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 180,000.00



Friends of the Library Savings 940 103035891 Daily 0.10% 32,216.47 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 32,216.47

General Cash Account Checking / NOW 100 1000306/9830 Daily .04%/.19% 1,533,144.07 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,533,144.07

Deposit Placement 100 101066015 Daily 0.25% 1,318,842.41 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,318,842.41

General Fund Money Market 100 908-640 Daily 0.01% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00

86190136 Daily 0.50% 0.00 0.00 0.00 1,315,033.41 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,315,033.41

163563 Daily 0.40% 0.00 0.00 0.00 0.00 0.00 546,742.02 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 546,742.02

471582 Daily 0.50% 0.00 0.00 0.00 0.00 0.00 0.00 296,687.84 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 296,687.84

10080968 Daily 1.00% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 640,543.56 0.00 0.00 0.00 0.00 0.00 0.00 0.00 640,543.56

525450 Daily 0.40% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 391,974.70 0.00 0.00 0.00 0.00 0.00 0.00 391,974.70

54962-07 Daily 0.45% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 402,849.72 0.00 0.00 0.00 0.00 0.00 402,849.72

5031443 Daily 0.09% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 124,514.21 0.00 0.00 0.00 0.00 124,514.21

20032292 Daily 0.01% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 100,649.61 0.00 0.00 0.00 100,649.61

2061232 Daily 0.31% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 141,305.06 0.00 0.00 141,305.06

Cert of Deposit 100 107070345 28 months 6/25/22 1.95% 150,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 150,000.00

7758002184 12 months 4/6/23 1.00% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 100,000.00 0.00 0.00 100,000.00

Investment Pool 100 856206-1 Daily 0.62% 0.00 1,265,117.96 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,265,117.96

Deposit Placement 100 104791111271 Daily 0.36% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,269,356.63 0.00 1,269,356.63

10090686 Daily 0.85% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,231,969.53 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,231,969.53

Dana Investment 100 3694-7092 (blank) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,100,000.00 1,100,000.00

General Fund-Bond Issue Money Market 100 104557859 Daily 0.27% 63,228.23 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 63,228.23



Library Segregated Fund NOW account 850 104551192 Daily 0.25% 101,305.14 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 101,305.14

Library Segregated Trust FundCert of Deposit 987 54962-105 12 months 5/23/22 0.40% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00

Park House Account NOW account 890 101001035 Daily 0.25% 7,345.04 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 7,345.04

Park Kuenzi Estate Cert of Deposit 830 6394256 12 months 6/25/22 0.25% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 10,018.71 0.00 0.00 0.00 0.00 10,018.71

54962-114 18 months 2/6/23 0.45% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 11,699.84 0.00 0.00 0.00 0.00 0.00 11,699.84

Park Segregated Fund NOW account 840/870 1000-888 Daily 0.25% 101,724.90 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 101,724.90

Sewer Debt Service NOW account 960 104506359 Daily 0.25% 29,710.54 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 29,710.54

Sewer Depreciation Fund Cert of Deposit 960 1808559 12 Months 9/9/22 0.25% 0.00 0.00 0.00 205,643.69 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 205,643.69

Sewer Equipment Replacement FundCert of Deposit 960 54962-109 12 month 5/19/22 0.40% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00

54962-0115 12 Months 9/8/22 0.40% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 248,923.89 0.00 0.00 0.00 0.00 0.00 248,923.89

60000011 12 month 5/26/23 1.00% 0.00 0.00 0.00 0.00 0.00 0.00 171,294.90 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 171,294.90

NOW account 960 104522281 Daily 0.25% 188,398.13 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 188,398.13


Sewer General Cert of Deposit 960 54962-110 12 months 09/02/22 0.40% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 176,224.97 0.00 0.00 0.00 0.00 0.00 176,224.97

7758002188 12 months 4/6/23 1.00% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 100,000.00 0.00 0.00 100,000.00


NOW account 960 104550099 Daily 0.25% 492,512.02 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 492,512.02


Stormwater Dana Investment 950 3694-7092 (blank) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 150,000.00 150,000.00

Stormwater Equip ReplacementMoney Market 950 104565819 Daily 0.25% 295,812.47 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 295,812.47

Utilities Account Checking 960/970 101000292 Daily 0.04% 505,668.08 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 505,668.08

Utilities Money Market Money Market 960 14890100-0070 Daily 0.22% 0.00 0.00 0.00 0.00 230,838.76 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 230,838.76

960/970 525990 Daily 0.40% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 256,958.82 0.00 0.00 0.00 0.00 0.00 0.00 256,958.82

970 14890100-0070 Daily 0.22% 0.00 0.00 0.00 0.00 45,464.57 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 45,464.57

Water General Money Market 970 101153201 Daily 0.25% 490,313.52 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 490,313.52

Cert of Deposit 970 54962-0116 12 months 09/08/22 0.40% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 321,930.13 0.00 0.00 0.00 0.00 0.00 321,930.13

7758002187 12 months 4/6/23 1.00% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 100,000.00 0.00 0.00 100,000.00

1809504 9 months 2/26/23 0.90% 0.00 0.00 0.00 170,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 170,000.00



Grand Total 6,006,316.15 2,918,531.79 0.00 2,512,200.93 276,954.29 646,742.02 647,982.74 2,828,305.70 648,933.52 1,412,429.36 134,532.92 100,649.61 641,305.06 1,269,356.63 3,500,000.00 23,544,240.72

25.51% 12.40% 0.00% 10.67% 1.18% 2.75% 2.75% 12.01% 2.76% 6.00% 0.57% 0.43% 2.72% 5.39% 14.87% Actual

Bank Rating ***** **** ***** ***** ***** ***** ***** ***** ***** **** ***** *****FDIC / State Insured 2,561,916.20 Unlimited 650,000.00 650,000.00 650,000.00 650,000.00 650,000.00 Unlimited 650,000.00 650,000.00 650,000.00 650,000.00 650,000.00 Unlimited Unlimited 14,524,561$

Collateral 5,744,799.23 2,000,006.00 1,000,000.00 575,681.00 5,519,680$

Brokerage Securites 3,500,000$

Maximum Investment 8,306,715.43 2,650,006.00 1,650,000.00 1,225,681.00 23,544,241$

Lori J Laux, Treasurer

179 of 195 179

TREASURER'S INVESTMENT TRANSACTION REPORT for May 2022

Average Rate of Return on Current Deposits: Benchmarks:

Avg Term LGIP 0.62%

Total Receipts: 370,263.33 General Funds: 5.2 M 0.75%

Utility Funds: 14.8 M 0.54% 90-day T-bill: 1.14%

Total Disbursments: 2,189,245.00 Segregated Funds: 24.9 M 0.59%

Securities w/Dana 4.58 years 0.95%

All Funds: 10.7 M 0.68% 6M CD: 0.32%

Liquid: 72% 12M CD: 0.69%

Term: 28% 18M CD: 1.02%

Policy Objectives:

Safety: ▪ $3,500,000 has been invested in marketable securities with Dana Investments, these are not guaranteed.

Liquidity: ▪ Liquidity remains high until we can transition to longer term investments as the rates improve

Yield: ▪ Some Banks have been willing to offer better CD rates,

TRANSACTIONS

# Action Type Identification Bank Acct # Note Term Maturity Date Rate Amount Interest

(1) Reinvest CD Fire Benefit CFB 1808136 12 mos 5/7/2022 0.25% 50,000.00 Reinvested

WCCU 54962-100 12 mos 5/9/2023 0.60% 50,000.00 Reinvested

Comments:

(2) NEW CD Water Utility CFB 1809504 9 mos 5/26/2022 0.90% 170,000.00 Reinvested

Comments:

(3) CLOSE CD Library Seg WCCU 54962-105 13 mos 5/23/2021 0.40% 234,484.99 Reinvested

Comments: Close for building project

(4) Reinvest CD Fire Equip BWD 155424 18 mos 5/27/2022 0.60% 100,000.00 Reinvested

PDS 60000014 12 mos 5/31/2023 1.00% 180,000.00 Reinvested

Comments: Add $80,000

(5) Reinvest CD Sewer Equipment WCCU 54962-109 12 mos 5/19/2022 0.40% 170,575.01 Reinvested

PDS 60000011 12 mos 5/26/2023 1.00% 171,294.90 Reinvested

Comments:

(6) CLOSE MM General Fund WF 908640 Daily 0.01% 100,000.00

Comments: Consolidate accounts

INVESTMENT ADVISOR TRANSACTIONS

(1) BUY FHLB 3130ARXL0 200000.00 Not rated 2.5 years 11/25/2024 3% 200000.00

Comments:

* Current coupon

180 of 195 180

Finance/Personnel Committee–Dennis Thurow Committee Room, #205 May 24, 2022Members Present: Sloan, Kent, PettyAbsent:Others Present: Adm. Bradley, Clerk Zeman, J. Ostrander, T. Kolb, T. Pinion

Call to Order –Ald. Sloan called the meeting to order at 5:30p.m. noting compliance with the Open Meeting Law.Moved by Kent, seconded by Sloan to approve the minutes of May 10, 2022. Motion carried unanimously. Movedby Petty, seconded by Kent to approve the agenda. Motion carried unanimously.

Action Itemsa) Accounts Payable – Moved by Petty, seconded by Kent to recommend to Council approval of the accounts

payable for $1,114,157.65. Motion carried unanimously.

b) Tax Incremental District #10 Expenditures – J. Ostrander explained that this is the reimbursementresolution to let the committee know that we will be starting the project before we get the money. Adm.Bradley noted this is publicly stating that we intend to issue municipal bonds to reimburse ourselves for thesecosts as they are incurred. This is estimated at $6M and will be paid by the TID. Motion by Kent, secondedby Petty to recommend to Council approving the Resolution declaring Official Intent to ReimburseExpenditures from Proceeds of Borrowing (TID #10). Motion carried unanimously.

c) Street Improvement Projects – Adm. Bradley noted that this is the bi-annual issuance of bonds to do streetprojects for 2022-2024. Motion by Kent, seconded by Petty to recommend to Council authorizing $1,555,000General Obligation Bonds for Street Improvement Projects. Motion carried unanimously.

d) Community Development Projects – Adm. Bradley noted that this includes the possible acquisition of twoproperties, cleanup of a brownfield site, restoration to a park, and land acquisition. The financiallyresponsible party to the cleanup of the future park location within the TID is Alliant. Adm. Bradley alsonoted that there is no development agreement in place for this. TID proceeds would cover this; however, theintent is that this would be wrapped into the development agreement that will be forthcoming. Motion byPetty, seconded by Kent to recommend to Council authorizing $1,035,000 General Obligation Bonds forCommunity development projects in Tax Incremental Districts. Motion carried unanimously.

e) Publication Relating to Bond Issues – This is the resolution authorizing publication of the bond. Motionby Petty, seconded by Kent to recommend to Council authorizing Direction Publication of Notice toElectors Relating to Bond Issues. Motion carried unanimously.

f) Sale of General Obligation Bonds – Adm. Bradley explained that this is the resolution authorizing the actualsale of the bonds. Motion by Kent, seconded by Petty to recommend to Council authorizing the Sale of$2,590,000 General Obligation Corporate Purpose Bonds. Motion carried unanimously.

g) SeamlessDocs – B. Zeman explained that this software is used in place of paper applications. This softwareallows us to streamline the approval process. This is used by majority of the City departments, both internalforms and external forms for the public. After approval by the required staff, the application returns to the CityClerk for issuance of the license or permit. At this time, it is staff’s recommendation that we accept the three-year contract. Motion by Petty, seconded by Kent to recommend to Council approving the proposal fromSeamlessDocs for a three-year contract in the amount of $4,244.61 per year for a total of $12,733.86. Motioncarried unanimously.

Discussion Items:a. Legal Counsel Options

Ald. Petty explained that he made this request as an attempt to get some structure. There has been conversationregarding revisiting an in-house attorney. Some staff feels it would be more advantageous to have an attorneyhere in the office, at least a few days a week. Contracting for this service gives us access to multiple levels ofspecialties. It is the committee’s recommendation that the attorney review’s the Council agendas and to request

181 of 195 181

an attorney attend all future Council meetings. This can be done by Teams and does not require the attorneybe here in person. The other issue is Council’s access to the attorney. Council members are advised to takeany concerns to the City Administrator or the Mayor for resolution prior to contacting the attorney. This willbe brought back to Committee at a later date.

b. Purchasing PolicyNo discussion took place. This will be included on the June 14, 2022 agenda..

c. Enterprise Fleet ManagementThis will be placed on the next Finance agenda as an action item.

d. Powered Up Baraboo proposalBeth Persche, Co-Presidient for Powered Up Baraboo, presented the committee with an energy efficiencyrevolving fund concept. Powered Up Baraboo is a non-profit looking to increase sustainability and renewableenergy in the City. This specific project would replace all LED lights at the Civic Center for a savings of about$9,000 per year. If Powered Up Baraboo would donate the money for this project, is there someway the Citywould be able to set up a fund for any future energy savings this project creates and use this money to fundfuture energy efficiency projects. These savings could potentially allow for future energy cost saving projectsin other City buildings; it is their goal that the City will realize the benefit of these cost savings. The moneythat is saved with this project would be placed into a revolving fund with requirements as determined by theCommittee. As the donor, Powered Up Baraboo can include a stipulation as to what the funds would be usedfor. As for savings placed in the fund, a future committee could change the requirements of the fund. PoweredUp Baraboo will do some more research and bring this back to the Finance/Personnel Committee.

Adjournment – Moved by Kent, seconded by Sloan and carried to adjourn at 6:51pm.Brenda Zeman, City Clerk

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Minutes Baraboo District Ambulance Service and Baraboo Fire Department Consolidation Committee Meeting

Baraboo EMS & Fire Station 135 4th Street, Baraboo, WI

Monday, May 2, 2022 at 10:00am

Approved: May 23, 2022

Members Present: Joel Petty, Tom Kolb, Tim Stone, Ken Nolden, Robin Meier, Ed Geick, Dave Kitkowski, Casey Bradley, Caleb Johnson, and Kevin Stieve Others Present: Attorney Steven Zach, Megan Marshall Call Meeting to Order - Meeting called to order by Joel Petty at 10:00am, noting compliance with Open Meeting Laws, roll call was taken. Adoption of Agenda - Motion by Robin Meier, second by Ken Nolden to adopt agenda. Voice vote, motion carried unanimously. April 4, 2022 Minutes – Motion by Tom Kolb, seconded by Dave Kitkowski to approve the minutes of the April 4, 2022 meeting. Voice vote, motion carried unanimously. Public Comments - None.

Old Business Discussion and possible action regarding the following: Review Fire Department Financial Statements - Statements were reviewed and discussed. No action taken. Review Fire Department list of capital assets and replacement fund – Capital Assets and Replacement Fund was reviewed and discussed. No action taken. Review funding formulas – Motion by Stone, seconded by Ed Geick to use the FORMULA METHOD. Voice vote, motion carried unanimously. New Business Discussion and possible action regarding the following: Intergovernmental Agreement (IGA) - The IGA was reviewed page by page and all changes were recorded and will be modified by Attorney Steve Zach pages 1-9 up to Section VI. Update itemized Action List (Separate Document) – Due to timing, this will be tabled until the May 23, 2022, meeting. Bi-weekly Consolidation Committee meetings – Next meetings will be May 23 and June 6 and biweekly thereafter.

Information Items Standards of Cover and Strategic Plan - Due to timing, this will be tabled until the May 23, 2022, meeting. Committee Member Comments & Future Agenda Items Next meeting Dates: May 23, 2022, 10:00am and June 6, 2022, 10:00am

Adjournment – Motion by Robin Meier, seconded by Tom Kolb to adjourn at 12:05pm. Voice vote, motion carried unanimously. __________________________________________________________________________________________ Respectfully submitted, Megan Marshall

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A dministrativeC ommittee M ay2,2022P resent: A lderpersonsKathleen Thurow ,H eatherKierzek,B ryant H azardA bsent: N one.A lso P resent: C ityC lerkB renda Z eman,FinanceD irectorJulieO strander,M ayorRobN elson,

P oliceC aptain SidenC itizen P resent:N one.

Themeetingw ascalledto orderbyC hairman Kathleen Thurow at 8A M ,w ithrollcallandnotingcompliancew ith theO pen M eetingsL aw .

M otion byKierzek,secondedbyH azardto approvetheA pril4,2022minutes,w ith onechangeto removethe1040inadvertentlyinserted.M otion carriedunanimously.

M otion byH azard,secondedbyKierzekto approvetheA genda.M otion carriedunanimously.

A ction Items:

a. Review and recommendation to theC ommon C ouncilfortheL iquorL icenseC hangeof A gent forForeSeasonsat B araboo C ountryC lubto E ricM cC onnell.

C apitan Sinden reported clean background checksfortheC hangeof A gent.

M otion byKierzek,secondedbyH azardforrecommendation to theC ommon C ouncilfortheL iquorL icenseC hangeof A gent forForeSeasonsat B araboo C ountryC lubtoE rickM cC onnell.M otion carriedunanimously.

b. Review and recommendation to theC ommon C ouncilfora C lass“B ”Fermented M altB everageand “C lassC ”W ineL icenseforGordon & H ollieRingelstetterL ogC abinFamilyRestaurant and B akery,L L C ,12158th Street.

C aptain Sinden reported clean background checkforL ogC abin FamilyRestaurant.C lerkZ eman pointed out thisw asa changein ow nership.

M otion byH azard,secondedbyKierzekforrecommendation to theC ommon C ouncilforthea C lass“B :Fermented M alt B everageand “C lassC ”W ineL icenseforGordon& H ollieRingelstetterL ogC abin FamilyRestaurant and B akery,L L C ,12158th Street.M otion carriedunanimously.

D iscussion Items:

InformationalItemsa) D ateandtimefornex t meeting:Tuesday,June7,2022at 8:00A M

M otion to changemeetingdayto TuesdaybyH azard,secondedbyKierzek.

M otion to adjourn byKierzek,secondedbyH azardat 8:06A M andunanimouslycarried.

Respectfullysubmitted,JulieO strander,FinanceD irector

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Administrative Committee May 23, 2022P resent: A lderpersonsKathleen Thurow ,H eatherKierzek,B ryant H azardA bsent: N one.A lso P resent: C ityC lerkB renda Z eman,FinanceD irectorJulieO strander,P oliceA ctingC hief

SindenC itizen P resent:N one.

Themeetingw ascalledto orderbyC hairman Kathleen Thurow at 8A M ,w ithrollcallandnotingcompliancew ith theO pen M eetingsL aw .

M otion byH azard,seconded byKierzekto approvetheM ay2,2022minutes. M otion carriedunanimously.

M otion byH azard,secondedbyKierzekto approvetheA genda.M otion carriedunanimously.

Action Items:

a. C onsiderthe2022,6-month C lass“B ”L iquorL icenseA pplication fortheB arabooD ugout C lub.

C apitan Sinden reported findingno issues.

M otion byKierzek,secondedbyH azardforrecommendation to theC ommon C ouncilforthe6-month C lass“B ”L iquorL icenseA pplication.

M otion carriedunanimously.

Discussion Items:

Informational Itemsa) D ateandtimefornex t meeting:Tuesday,June7,2022at 8:00A M

M otion to adjourn byKierzek,secondedbyH azardat 8:05A M andunanimouslycarried.

Respectfullysubmitted,JulieO strander,FinanceD irector

185 of 195 185

S:\Minutes\Public Safety Committee\2022 Minutes\04-25-22 Minues.doc

Minutes of the Public Safety Committee Meeting – April 25, 2022 Members Present: Phil Wedekind, Tom Kolb and Johnson Ellington. Others Present: Police Chief Mark Schauf, Capt. Rob Sinden, Fire Chief Kevin Stieve, Wade Peterson, Tony Gilman, Jim O’Neill, Lena Nissley, and Bridget (Media). Call to Order - Committee Tom Kolb called the meeting to order at 1:00 P.M. at Baraboo City Service Center. Compliance with the Open Meeting Law was noted. It was moved by Wedekind, seconded by Ellington to approve the agenda as posted. Motion carried unanimously. It was moved by Wedekind, seconded by Kolb to approve the minutes of the February 28, 2022 meeting. Motion carried, Ellington abstained. Public Invited To Speak (Any citizen has the right to speak on any item of business that is on the agenda for this meeting if recognized by

the presiding officer.) – Jim O’Neill and Lena Nissley spoke in favor of the proposed No-Mow May resolution.

Action Items

a. Review STH 136 Median Mowing Proposals and recommend award of contract – Peterson said that two proposals were received, Top 2

Bottom, and Sunrise Property Care. It was staff recommendation to award the contract to the low bidder. It was moved by Ellington,

seconded by Wedekind to award the contract to Top 2 Bottom. Motion carried unanimously.

b. Review Noxious Weeds & Rank Growth Proposals and recommend award of contract – Peterson said that only one proposal was

received for Noxious Weeds and Rank Growth. It was staff recommendation that the award of the contract be Sunrise Property care. It

was moved by Wedekind, seconded by Ellington to award the contract to Sunrise Property Care. Motion carried unanimously.

c. Consider creating a special charge on the City’s Official Fee Schedule for water that is used for firefighting purposes outside of the City

of Baraboo and for fire training events in the City that are hosted by other agencies or organizations – Peterson presented the background

to the Committee. He said that staff has periodically discussed and there is a consensus that the Water Utility should be compensated for

water used for firefighting purposes outside of the City limits. He said that MATC has hosted a couple of driver operator training closes

in the City over the past ear and the participants practice pumping water from the City’s hydrants. It was moved by Wedekind, seconded

by Ellington to approve. Motion carried unanimously.

d. Consider a Resolution officially recognizing “No-Mow May” for the City of Baraboo – Kolb said that this is primarily for homeowners.

He said that the Parks Department are doing their job. He said that they would not be able to alter mowing schedules for ball fields,

playgrounds, etc. It was moved by Ellington, seconded by Wedekind to forward to Council with a positive recommendation. Schauf said

that police department would not be issuing citations for the length of grass if approved; however, as far as rank growth and invasive

species, the department would continue to force removal. Motion carried unanimously.

e. Review and approval of monthly Billing Adjustments/Credits for Sewer and Water Customers for March 2022 – Peterson presented the

background to the Committee. It was moved by Ellington, seconded by Wedekind to approve the monthly Billing Adjustments/Credits as

presented. Motion carried unanimously.

Information Items

Reports

a. Utility Superintendent’s Report

i. Staffing Updates – No report.

ii. Old Business Update – Nothing has happened with West Baraboo agreement in the last month.

iii. Reports - Peterson said that the City Administrator has inquired above moving all the Public Fire Protection fees to the Utility bills.

He said that presently the City pays $289,000 of the fee and $312,000 is paid for by the utility customers. Peterson gave a very

detailed presentation regarding a memo that was submitted to the Finance Committee. He stated that theoretically the fire protection

would double for residents. He said that at this time, the Administrator is trying to move forward to move that off the City and on to

the utility bills. Peterson estimated increases, a residential could range anywhere from $32 to $80, for non-residential increases

could range from $79 to $3944. He said all the City accounts would go up approximately $13,500. He said that the Utility is the

fourth highest taxed entity within the City. Peterson is praying that we do not do this. He said that it has been less than one year that

water rates increased. He said that originally he was to understand that the $289,000 was going to help offset the 2023 Operating for

the City, at the last Finance Committee meeting the Administrator said that it would not do that, that they would collect the $289,000

and use it for capital projects in the future. Peterson said that he is very passionate about this and really hopes the Committee

reconsiders and do not pass this on to the utility customers. Peterson said that if this goes through it would be moving the amount

from the tax bill to the utility bill, which no one would get credit for. Kolb requested that this be placed on the agenda for the May

23 PSC meeting.

iv. Project Updates –Peterson said that the Utility received a Private Lead Service Grant for $182,500. Peterson said that the auditor was

here, Jan and Kelly did a great job putting the data together, and all data looked good so far. Peterson said that rehabilitation of Hwy

A water tower scheduling is not coming together very well. He said that U.S. Cellular is not able to get equipment off until mid-

June. Televising sanitary sewer lines will be starting in mid-May. Peterson said that the R/R bridge (trussell at 1055 Lake Street). He

said that there is a 12” sewer line under the bridge (attached to the structure) and temporarily during the reconstruction, it has to be

186 of 195 186

S:\Minutes\Public Safety Committee\2022 Minutes\04-25-22 Minues.doc

removed, and they are adamant that we will never be able to put it back up again. Therefore, Peterson said that he has to find a way

to get 60,000 of sewage from one side of the bridge to the other. He said if he goes by their wishes, this would happen in the next 60

days. Peterson said that they have been working with Wisconsin Rural Water Association on creating a plan to protect the areas

around our five wells.

b. Street Superintendent’s Report

i. Staffing Updates – Gilman said that as of 3/14, all DPW staff has been operating on a 7:00-3:00 Monday thru Friday schedule. He

said that certain tasks upcoming will be moved to a 6:00-4:00 Monday thru Thursday in order to have the opportunity to utilize the

machinery on Friday.

ii. Activity Report – Gilman said that he intends to be done with snow removal for the season; therefore, equipment will be broken

down for summer use. Stump removals have been completed, the crew is now grinding, cleaning out, and top soiling the 350+

stumps. He said leaf collection has started. He said that the leaf vac that ordered has been delayed until 4/29. He said that the DPW

has been helping the Utilities with the replacement of concrete related to water breaks from the past winter.

iii. Project Updates – Gilman said that he had nothing new to report regarding the equipment tracking capabilities.

iv. Informational – Gilman said that in an effort to further reduce costs without a loss of services, we have been discussing methods to

improve efficiency. He said that things being looked at is brush collection methods, refuse/recycling collection, and snow

plowing/removal. Gilman said that he would be checking costs, etc. to see if it would be advantageous to have the brush site open

certain hours. He said that he would be putting together an RFP for refuse and recycle collection and see what prices come back so

that a comparison can be made. He said that plow routes would also be evaluated to determine the most efficient means of

accomplishing the routes to provide the level of safety needed, in the most effective manner. Gilman then discussed the600 block of

Ash Street parking across from the Fire Department. He said the north half of the block has a 4-hour parking and the south half is no

parking anytime due to Fire Department needing space for the vehicle exist and entry of their facility. He said that several times

vehicles are parked beyond the 4-hour limit and there is a 24-hour parking lot across the street; therefore, he is recommending that

Ash Street parking be prohibited from 2:00 a.m. to 6:00 a.m. Kolb asked this item to be placed on the May agenda.

c. Police Chief’s Report

i. Staffing Updates – No report.

ii. Case/Response Update – All reports included in the packet. Schauf said that the department is busy. He said that they are seeing a

significant increase in iCAC, which is Internet Crimes Against Children. He said that every tip is investigated, which takes a lot of

time, but also having luck getting some prosecutions. He said the department is up from last year in traffic enforcement areas.

Schauf said that the department is still seeing an influx of mental health cases and is working with Social Services to find some

different resolutions, doing that within the best interests of not only the police department, but also the people and the taxpayer’s

dollars. Schauf said that the department is actively dealing with several absent landlords issues. The special permit application for

Memorial Day was then discussed.

iii. PFC Meeting – Schauf said that at the PFC meeting Rob Sinden was appointed as that acting chief, effective May 7.

d. Fire Chief’s Report

i. Monthly Incident Report – Report was included in Council packet. He said that calls are up about 16% from last year.

ii. Fire & EMS Facility Design Update – Stieve said that the Consolidation Committee has met once and will be meeting again next

week. He said that they are working on the intergovernmental agreements. He said that they met with the projected chosen firm for

the Fire/EMS building last Thursday.

iii. Staffing updates – No update.

AJOURNMENT – It was moved by Wedekind, seconded by Ellington to adjourn at 2:00 p.m. Motion carried. Respectfully submitted, Tom Kolb, Chairman

187 of 195 187

Minutes of Plan Commission Meeting April 19, 2022

Call to Order – Mike Palm called the meeting of the Commission to order at 7:00 PM.

Roll Call – Present were Mike Palm, Phil Wedekind, Roy Franzen, Jim O’Neill, Tom Kolb, Dee Marshall, and

Matthew Boeggner.

Also in attendance were Tom Pinion, John & Raquel Schwanbeck, Bob & Janet Konen, Robert Simon, Stacy Jax,

Kerry Zimmerman, Barry Hartup, and Brian Heller.

Call to Order

a. Note compliance with the Open Meeting Law. Mayor Designee Palm noted compliance with the Open Meeting

Law.

b. Agenda Approval: There was a motion and a second to approve the agenda as posted. Motion carried

unanimously.

c. Minutes Approval: Kolb stated that New Business, Item c should be Motion carried 6-1, not 6-0. It was moved

by Kolb, seconded by Marshall to approve the minutes of the March 15, 2022 meeting with the correction.

Motion carried unanimously.

Public Invited to Speak (Any citizen has the right to speak on any item of business that is on the agenda for

Commission action if recognized by the presiding officer.) – There were no speakers.

Public Hearings a. The request of Kardannic Properties, LLC for a Conditional Use Permit to convert the existing two-unit

residential dwelling on Lot 39 of Parkside Subdivision to two side-by-side single-family attached residential

dwellings at 1130/1132 Spruce Drive, City of Baraboo, Sauk County, Wisconsin. – Brian Heller, 307 Mulberry

Street addressed the Commission, speaking for both Public Hearing for Kardannic because the same issues

apply to both cases. He advised the Commission that a healthy community has multiple segments of the

housing market, rental properties, single family (owner occupied), and also rental properties in the single-

family detached or duplexes. He said that he moved to Baraboo in 2010 and since that, time has seen a lot

rental properties disappear from the market, endangering a segment of the housing market. Brian would like the

Commission to look at the entire market.

b. The request of Kardannic Properties, LLC for a Conditional Use Permit to convert the existing two-unit

residential dwelling on Lot 2 of Harding’s Addition to two side-by-side single-family attached residential

dwellings at 307/309 Mulberry Street, City of Baraboo, Sauk County, Wisconsin – Heller spoke to this public

hearing when speaking to the above; therefore, this hearing was declared closed.

c. The request of Robert Simon for a Conditional Use Permit for a Professional Home Office for insurance sales

at Lot 2 Block 6 Victory Heights, 515 Badger Drive, City of Baraboo, Sauk County, Wisconsin. – There being

no speakers, the hearing was declared closed.

New Business

a. Consider John Schwanbeck’s request for a Conditional Use Permit to allow the sale of limited firearms as a

Home Occupation at 1514 Ash Street, City of Baraboo, Sauk County, Wisconsin. – Pinion presented the

background to the Commission. Pinion said that this request does fall within the definition of a home

occupation. Kolb asked Schwanbeck if he has applied to the ATF for a license, Schwanbeck stated that he has

not done it yet; however, it is a requirement, but he was told by ATF that the first step would be to get the

property properly zoned. Kolb asked if he deals in ghost guns and Schwanbeck answered no. It was stated that

Schwanbeck does have a home security system. Schwanbeck said that as far as selling anything, he does not

ever plan to have any inventory of firearms. Kolb moved to approve the conditional use permit providing the

highlighted sections of Home Occupation in the City Code (listed below) are followed:

(56) HOME OCCUPATION. (2235 08/22/2006)

(a) A “Home Occupation” is defined as the production of goods and/or services, customarily conducted for gain or support, within a residence by a member of the family residing in the residence, and that has three or more of the following characteristics:

1. The direct sales of merchandise or service to customers at the residence, or meeting directly with customers at the residence. 2. Non-immediate family employees come to the residence. 3. The delivery of materials used in the home occupation to the residence. 4. Equipment used in the home occupation is stored outside the residence.

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5. Evidence of use as a home occupation visible or audible from off the property. Regardless of circumstances, a home occupation shall not include a daycare not required to be licensed by the State, home sales parties not exceeding twice per calendar month, an activity engaged in by persons under the age of 18 years, or private lessons offered in a home, such as music or reading.

(b) If a home occupation is permitted as a conditional use for a residence, it shall comply with the following general conditions: 1. Retail sales are not permitted within a home occupation building. 2. Shopping by customers is not permitted within a home occupation building. 3. Displayed items produced by the home occupation may be displayed but not sold. 4. A home occupation shall produce no offensive noise, vibration, dust, odors, smoke, heat, pollution, glare, or radio, electrical, or television

interference or otherwise produce a nuisance. 5. No materials which decompose by detonation shall be allowed in conjunction with a home occupation. 6. No home occupation shall be permitted which changes the outside appearance of the dwelling or is visible from the street. 7. Materials used in or produced by a home occupation may not be stored or displayed outside of any building. 8. Nonresident employees of a home occupation may be permitted by the Plan Commission if the Plan Commission makes the

following findings: i. That no non-resident employee shall perform any work or services at the site of the home occupation, ii. That a non-resident employee shall not work out of a branch office located in his/ her home within the City unless the said branch

office is also granted a conditional use permit, and iii. That a non-resident employee shall not report for work at the site of the home occupation and leave his/her vehicle parked in

the vicinity of the home occupation during the work day. 9. The volume of vehicular or pedestrian traffic or parking shall not result in congestion or be in excess of what is compatible with a residential

neighborhood. There shall be no deliveries to or from a home occupation with a vehicle larger than a 30-foot long single-unit truck nor more than one delivery per day. Trucks shall not operate out of resident districts as part of a home occupation.

10. No more than one (1) home occupation shall be permitted per each lot. 11. A home occupation shall be carried on wholly within buildings on the lot by resident occupants and the total area devoted to the

home occupation shall not exceed 20 percent of the gross floor area of the dwelling unit. 12. No home occupation shall be permitted that generates sewerage or water use in excess of what is normal for a residential dwelling. 13. No home occupation shall be permitted which requires plumbing, electrical, or structural changes when such changes are not dictated by the

primary residential use of the property. 14. Home occupation uses shall meet all applicable fire and building code safety requirements. 15. No home occupation involving visits to the site of the home occupation by customers or the loading and unloading of business-oriented

material shall be operated between the hours of 8:00 p.m. and 8:00 a.m. 16. The following uses are prohibited as home occupations:

i. Veterinary clinics, pet grooming or boarding. ii. Antique shop. iii. Automobile or other motor vehicle repair or paint shops. iv. Barber shops and beauty parlors. v. Furniture stripping and/or refinishing. vi. Gift shops. vii. Manufacturing or assembling items for sale from components not made on the same premises. viii. Mortuaries. ix. Photographic studios.

x. Private clubs.

no ghost guns are allowed, and a license is obtained through ATF. Franzen seconded the motion. On roll call

for the motion, Ayes – Wedekind, Franzen, O’Neill, Kolb, Marshall, Boeggner, and Palm. Nay – 0. Motion

carried 7-0.

b. Consider the request of Kardannic Properties, LLC for a Conditional Use Permit to convert the existing two-

unit residential dwelling on Lot 39 of Parkside Subdivision to two side-by-side single-family attached

residential dwellings at 1130/1132 Spruce Drive, City of Baraboo, Sauk County, Wisconsin. – Pinion presented

background to the Commission. It was moved by Wedekind, seconded by Kolb to approve the conditional use

as presented. On roll call vote for the motion, Ayes – Franzen, O’Neill, Kolb, Marshall, Boeggner, Palm, and

Wedekind. Nay – 0, motion carried 7-0.

c. Review and approve a 2-Lot Certified Survey Map for Kardannic Properties, LLC to create two side-by-side

single-family attached residential dwellings in an R-1A Single-Family Residential zoning district at 1130/1132

Spruce Drive, City of Baraboo, Sauk County, Wisconsin, being Lot 39 of Parkside subdivision located in the

NW1/4 of the NE1/4 of Section 11, T11N, R6E in the City of Baraboo, Sauk County, Wisconsin. – Moved by

Kolb, seconded by Marshall to approve the CSM as presented. On roll call vote for the motion, Ayes – O’Neill,

Kolb, Marshall, Boeggner, Palm, Wedekind, and Franzen. Nay – 0, motion carried 7-0.

d. Consider request of Kardannic Properties, LLC for a Conditional Use Permit to convert the existing two-unit

residential dwelling on Lot 2 of Harding’s Addition to two side-by-side single-family attached residential

dwellings at 307/309 Mulberry Street, City of Baraboo, Sauk County, Wisconsin. – Pinion presented

background to Commission. Moved by O’Neill, seconded by Marshall to approve the Conditional Use Permit

as presented. Kolb acknowledged Bryan Heller’s concerns. On roll call vote for the motion, Ayes – Kolb,

Marshall, Boeggner, Palm, Wedekind, Franzen, and O’Neill. Nay – 0, motion carried 7-0.

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e. Review and approve a 2-Lot Certified Survey Map for Kardannic Properties, LLC to create two side-by-side

single-family attached residential dwellings in an R-3 Three- and Four-Family Residential zoning district at

307/309 Mulberry Street, City of Baraboo, Sauk County, Wisconsin, being Lot 2 of Harding’s Addition,

located in the NE1/4 of the SW1/4 of Section 2, T11N, R6E in the City of Baraboo, Sauk County, Wisconsin. –

Moved by Kolb, seconded by Wedekind to approve the CSM as presented. On roll call vote for the motion,

Ayes – Marshall, Boeggner, Palm, Wedekind, Franzen, O’Neill, and Kolb. Nay – 0, motion carried 7-0.

f. Consider the request of Robert Simon for a Conditional Use Permit for a Professional Home Office for

insurance sales at Lot 2 Block 6 Victory Heights, 515 Badger Drive, City of Baraboo, Sauk County, Wisconsin.

– Pinion presented the background for this request to the Commission. He said that this is a request for a

Professional Home Office, which differs a little from the previous request of a Home Occupation. He said that

this request would entitle Mr. Simon to put up a sign that would not exceed four square feet, but it meets every

provision of a Home office definition. It was moved by Franzen, seconded by Marshall to approve the

Conditional Use as presented. On roll call vote for the motion, Ayes – Boeggner, Palm, Wedekind, Franzen,

O’Neill, Kolb, and Marshall. Nay – 0, motion carried 7-0.

g. Review and approve a one-lot Certified Survey Map for Ann Downing for land on the south side of CTH W in

the City’s Extraterritorial Plat Approval Jurisdiction, being part of the NE1/4 of the SE1/4, Section 5, T11N,

R7E, Town of Greenfield, Sauk County, Wisconsin. – Pinion presented this CSM to the Commission. He said

that it does comply with the City’s subdivision and platting ordinance. He said that the CSM has been reviewed

and approved by both the Plan Commission and the Town Board of Greenfield. It was moved by Kolb,

seconded by Wedekind to approve the CSM as presented. On roll call vote for the motion, Ayes – Palm,

Wedekind, Franzen, O’Neill, Kolb, Marshall, and Boeggner. Nay – 0, motion carried 7-0

h. Review and approve a one-lot Certified Survey Map for Stacy Jax for land on the west side of Rocky Point

Road in the City’s Extraterritorial Plat Approval Jurisdiction, being part of the NW1/4 of the NW 1/4 of

Section 29, T12N, R7E, in the Town of Greenfield, Sauk County, Wisconsin. – Pinion presented this CSM to

the Commission. He said that this was also reviewed and approved by the Town of Greenfield. Wedekind

moved, Kolb seconded to approve the CSM as presented. On roll call vote for the motion, - Ayes – Wedekind,

Franzen, O’Neill, Kolb, Marshall, Boegnner, and Palm. Nay – 0, motion carried 7-0.

i. Review a three-lot Certified Survey Map for H. Allan Davis for land on the south side of Gall Road in the

City’s Extraterritorial Plat Approval Jurisdiction, being part of the NW1/4 of the SW1/4, Section 12, T11N,

R7E, Town of Baraboo, Sauk County, Wisconsin. - Pinion said that the CSM is in the Town of Baraboo

Sanitary District No. 1. This means that the 2-acres or 35 acres does not apply. He said that each of the lots

comply and the Town of Baraboo has reviewed and approve the CSM. Moved by O’Neill, seconded by Kolb,

to approve the CSM as presented. On roll call vote for the motion, Ayes – Franzen, O’Neill, Kolb, Marshall,

Boegnner, Palm, and Wedekind. Nay – 0, motion carried 7-0.

j. Consider Amending Section 18.02(9) of the Subdivision and Platting Ordinance to require a minimum 50-foot

setback from the right-of-way of STH 33 from CTH T (Taft Avenue) east approximately 3,650 feet to the

eastern City Limits. – Pinion said that this is a housekeeping item. He said that anytime there is a land division

adjoining a state highway it goes through a Trans 233 review. It was moved by Kolb, seconded by O’Neill to

forward to Council with a positive recommendation to amend Section 18.02(9) as presented. On roll call vote

for the motion, Ayes – O’Neill, Kolb, Marshall, Boegnner, Palm, Wedekind, and Franzen. Nay – 0, motion

carried 7-0.

k. Request to rezone the City-owned land on the west side of Lake Street between Well No. 7 and Lot 1 of

Springbrook Hills subdivision from I-3, Industrial/Business to R-4, Four thru Twelve Unit Multi-Family

Residential, for Devil’s Lake Townhomes, LLC. – Pinion presented the request to the Commission. He

presented the map to the Commission. He the developer is the same finishing the apartment building on Lynn

Street, and have express an interest in developing some townhouses. He said the Council did approve a pre-

development agreement with them. He said one of the provisions was that they provide a site plan, have the

property rezoned before the City executes a developer’s agreement and ultimately conveys the property. Pinion

said that they are living up to the conditions of the pre-developer’s agreement. Pinion said that ultimately

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consist of 3 building, the two outer buildings are ten unites apiece, and the center one is nine units. It was

moved by Kolb, seconded by Wedekind to forward to Council with a positive recommendation to rezone the

property from I-3 to R-4. On roll call vote for the motion, Ayes – Kolb, Marshall, Boeggner, Palm, Wedekind,

Franzen, and O’Neill.

Pinion then thanks Palm and Marshall for their service to the Plan Commission.

Adjournment - It was moved by Kolb, seconded by Wedekind to adjourn at 4:32 p.m. The motion carried

unanimously.

Mike Palm

Mayor Designee

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Minutes

Baraboo District Ambulance Service

Finance/Personnel Ad Hoc Committee

Baraboo Fire & EMS Station

135 4th Street, Baraboo, WI

Wednesday, April 27, 2022 at 6:30pm


Page 1 of 1

Members Present: Robin Meier, Scott Sloan, Karl Berna

Others Present: Joel Petty, Caleb Johnson, Megan Marshall

1. Call to Order: Finance/Personnel AD HOC Committee meeting was called to order by Robin Meier

on April 27, 2022, at 6:30p.m., noting compliance with Open Meeting Laws, roll call was taken.

2. Adoption of Agenda: Motion by Scott Sloan, seconded by Robin Meier to adopt agenda. Motion

carried unanimously.

3. Approve of Previous Minutes: Motion by Scott Sloan, seconded by Robin Meier to approve

previous minutes from March 23, 2022. Motion carried unanimously.

4. Public Comments: Robin Meier reported no public comments were received.

Old Business

1. Review proposed purchase of Stryker Power Loads, Power Pro Cots. Caleb Johnson reported

that BDAS would expect receipt and installation in June. Scott Sloan made a motion for a

positive recommendation to the full commission. Motion died for a lack of a second. No

further action taken.

New Business

Discussion and possible action regarding the following items:

1. Approve check details and online payments for March 16, 2022 – April 15, 2022 in the amount

of $200,680.34. Motion by Scott Sloan, seconded by Karl Berna to forward to Commission

with a positive recommendation for approval. Voice vote, motion carried unanimously.

2. Write-off of patient accounts in the amount of $86,073.82, per AMB recommendation. Motion

by Scott Sloan, seconded by Robin Meier to forward to Commission with a positive

recommendation for approval. Voice vote, motion carried unanimously.

3. Approve transfer of funds in the amount of $2,344.55 from LGIP-FAP-ATI to Community First

Money Market General account, for eligible expenses. Motion by Scott Sloan, seconded by

Karl Berna to forward to Commission with a positive recommendation for approval. Voice

vote, motion carried unanimously.

4. Discussion and possible action regarding Resolution No. 2022-03 – Assignment of 2021 Fund

Balances. Motion by Karl Berna, seconded by Scott Sloan to forward to Commission with

a positive recommendation for approval. Voice vote, motion carried unanimously.

Additional Comments & Future Agenda Items – None noted.

Adjournment - Motion by Karl Berna, seconded by Scott Sloan to adjourn at 6:55pm. Voice vote,

motion carried unanimously.

Respectfully submitted, Megan Marshall, Administrative Assistant

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Minutes


Commission Meeting





Page 1 of 2

Commissioners Present: Karl Berna, Ed Geick, Heather Kierzek, Dave Kitkowski, Robin Meier, Joel

Petty, Randy Puttkamer, Scott Sloan, Tim Stone, Terry Turnquist

Others Present: Caleb Johnson, Megan Marshall

1. Call to Order: Commission President Joel Petty called the meeting to order at 7:00pm, noting

compliance with Open Meeting Laws, roll call was taken.

2. Adoption of Agenda: Motion by Terry Turnquist, seconded by Scott Sloan to adopt agenda.

Voice vote, motion carried unanimously.

3. Approval of Previous Minutes: Motion by Ed Geick, seconded by Heather Kierzek to approve

previous minutes from March 23, 2022. Voice vote, motion carried unanimously.

4. Public Comments: None.

Reports

• Legal Counsel Report – None.

• President’s Report - Fire/EMS building is moving forward with architectural design bid

awarded to Five Bugles Design.

• Treasurer/Financial Report – Financial reports and cash flow were discussed.

• Chief’s Report – Chief Johnson reported that today is Administrative Professional’s Day

and thanked Megan Marshall for all of her hard work. Staffing – We have two full time

paramedics starting in May. Two more part time positions are in the process of hire. We

currently have two full time positions open. The demographic data report was presented.

The audit is coming to an end with the field work scheduled for Friday, April 29. In looking

into the new Fire/EMS Station being a regional training facility appropriation requests

have been submitted for funding Senator Baldwin’s and Congressman Pocan’s office.

Consent Agenda

Recommendations from Finance-Personnel Committee:

1. Approve check details and online payments for March 16, 2022 – April 15, 2022 in the amount

of $200,680.34. Motion by Robin Meier, seconded by Scott Sloan to approve. Voice vote,


2. Write-off of patient accounts in the amount of $86,073.82, per AMB recommendation. Motion

by Scott Sloan, seconded by Karl Berna to approve. Voice vote, motion carried

unanimously.

3. Approve transfer of funds in the amount of $2,344.55 from LGIP-FAP-ATI to Community First

Money Market General account, for eligible expenses. Motion by Robin Meier, seconded by

Terry Turnquist to approve. Voice vote, motion carried unanimously.

4. Discussion and possible action regarding Resolution No. 2022-03 – Assignment of 2021 Fund

Balances. Motion by Scott Sloan, seconded by Terry Turnquist to approve. Voice vote,


Old Business

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Minutes


Commission Meeting





Page 2 of 2

Discussion and possible action regarding the following items:

1. Proposed purchase of Stryker Power Loads, Power Pro Cots. Chief Johnson reported that

BDAS would take receipt of the cots/power loads in June. Motion by Terry Turnquist,

seconded by Scott Sloan to approve. Voice vote, motion carried unanimously.

2. Revised Draft Employee Handbook (Reviewed by legal) No Action Taken. The board would

like Chief Johnson to bring back the handbook at the May meeting and go through the

policies specifically involving benefits for discussion.

New Business

1. Discussion and possible action regarding Human Resources Director vacant position. Chief

Johnson requested an approval to formulate a job description and go forward with the

recruitment process in hiring an Assistant Chief of EMS. Motion by Ed Geick, seconded by

Randy Puttkamer to approve. Voice vote, motion carried unanimously.

Commissioner Comments & Future Agenda Items

• Next Meeting Date: May 25th, 2022

• The May 25th, 2022, will involve the Election of Commission Officers

Adjournment – Motion by Robin Meier, seconded by Randy Puttkamer to adjourn. Voice vote, motion

carried unanimously. Adjourn at 8:21pm.

_________________________________________________________________________________

Respectfully submitted, Megan Marshall, Administrative Assistant

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