Request for Proposals (RFP) Engineering and Planning Services Comprehensive Safety Action Plan

City of Fitchburg, Wisconsin

Issued By City of Fitchburg Public Works Department

July 31, 2026

For further information regarding this RFP, contact Ross T. Kahler, P.E.

Senior Project Engineer - Transportation ross.kahler@fitchburgwi.gov

(608) 270-4266

Proposals must be submitted by 11:00 a.m.

August 31, 2026

Late proposals will be rejected mailto:ross.kahler@fitchburgwi.gov

Table of Contents

1. General Information

1.1 Background

1.2 Project Description

1.3 Project Management Team

1.4 Scope of Work

2. Preparing and Submitting a Proposal

2.1 General Information

2.2 Costs to Prepare RFP

2.3 Submitting the Proposal

2.4 Required Elements in Response

3. Proposal Selection and Award Process

3.1 Selection Criteria

3.2 Interviews

3.3 Right to Reject Proposals and Negotiate Contract Terms

4. Contract Terms and Conditions

4.1 Inclusion of Proposer’s Terms and Conditions

4.2 Agreement for Engineering Services

1. General Information

1.1 Background

The City of Fitchburg (City) is a suburban community of about 36,000 residents located just south of Madison in South Central Wisconsin. The City has approximately 145 miles of streets, not including State and County highways.

The City has received funding from the Federal Highway Administration (FHWA) Safe Streets for All (SS4A) Program via the Greater Madison Metropolitan Planning Organization (MPO) to develop a Comprehensive Safety Action Plan (Plan) for the City.

The Plan will identify and prioritize roadway safety concerns and outline implementation of projects and strategies to address these issues. The goal of the plan is to create a strategy encompassing all road users to eliminate fatalities and serious injuries on the City’s roads. The Plan will enable the City to pursue additional funding sources to implement the projects in the Plan.

1.2 Project Description

The City seeks proposals from qualified professional planning or engineering consulting firms to develop the Plan and to update the City’s Traffic Management Process (TMP) to align with the Plan.

This RFP describes the scope of work, selection process, and required proposal content. Proposals will be evaluated based on qualifications, experience, implementation plan, and cost. The City reserves the right to select a firm based on criteria that serves the City’s best interests.

The Plan will help the City prioritize and fund safety projects. Staff, elected officials, and the public want a clearer picture of safety concerns on the City’s roads, paths, and sidewalks that covers bicycles, pedestrians, drivers, and vulnerable road users. Staff will use this plan to prioritize safety projects and synchronize other road projects with safety concerns. Elected officials will use this plan to share with residents and budget for prioritized projects. The public will use this plan to be aware of safety concerns in the City and gain knowledge of what the City plans to do about those concerns.

The Plan must meet all the requirements for Comprehensive Safety Action Plans as defined by the FHWA SS4A program including:

1. Leadership commitment and goal setting – an official public commitment by a high-ranking official and/or governing body to an eventual goal of zero roadway fatalities and serious injuries.

2. Planning structure – a committee, task force, implementation group or similar body charged with oversight of the Plan development, implementation, and monitoring.

3. Safety analysis - analysis of existing conditions and historical trends that provides a baseline level of crashes involving fatalities and serious injuries across a jurisdiction. Should include an analysis of locations where there are crashes and the severity of the crashes, as well as contributing factors and crash types by relevant road users and analysis of systemic and specific safety needs. Include all roads within the City of Fitchburg, including County and State highways. This Plan should use the MPO’s High Injury Network (HIN) to identify higher-risk locations.

4. Engagement and collaboration - robust engagement with the public and relevant stakeholders, including the private sector and community groups, that allows for both community representation and feedback. Information received through engagement and collaboration should be analyzed and incorporated into the Action Plan. Overlapping jurisdictions are to be included in the process.

Plans and processes should be coordinated and aligned with other governmental plans and planning processes to the extent practicable.

5. Policy and process changes - assessment of current policies, plans, guidelines, and/or standards to identify opportunities to improve how processes prioritize transportation safety. The Action Plan should discuss implementation through the adoption of revised or new policies, guidelines, and/or standards, as appropriate.

6. Strategy and project selections - include identification of a comprehensive set of projects and strategies—shaped by data, the best available evidence and noteworthy practices, and stakeholder input—that will address the safety problems described in the Action Plan. These strategies and countermeasures should focus on a Safe System Approach and effective interventions and consider multidisciplinary activities. To the extent practicable, data limitations should be identified and mitigated. Once identified, the projects and strategies should be prioritized in a list that provides time ranges for when the strategies and countermeasures will be deployed (e.g., short-, mid-, and long-term timeframes). The list should include specific projects and strategies, or descriptions of programs of projects and strategies, and explains prioritization criteria used. The list should contain interventions focused on infrastructure, behavioral, and/or operational safety with references and data demonstrating measurable results from prior implementations.

7. Progress and transparency - include, at a minimum, annual public and accessible reporting on progress toward reducing roadway fatalities and serious injuries and public posting of the Action Plan online.

1.3 Project Management Team

The main contact and project manager is:

Ross T. Kahler, P.E.

Senior Project Engineer - Transportation Fitchburg City Hall 5520 Lacy Road Fitchburg, WI 53711 ross.kahler@fitchburgwi.gov

(608) 270-4266

Other members of City staff will be designated as the Project Management Team and provide support and guidance on the Plan.

1.4 Scope of Work

The selected firm will work under direction of the Project

Management Team to perform the following tasks:

A. Project Management

• Kick-off Meeting – lead a kick-off meeting to discuss Plan goals, tasks, timeline, City expectations, and grant requirements. All key staff from the Consultant and City will attend.

• Check-in Meetings – lead monthly check-in meetings through the Plan development process. Provide agendas and minutes for each meeting. Include monthly progress reports following 2 CFR Part 200 requirements and outline work performed; upcoming milestones; status of scope, schedule, and budget; and mitigation strategies for possible risks.

• Schedule – develop a schedule which meets the timelines presented in this RFP and has realistic deadlines for each major milestone.

mailto:ross.kahler@fitchburgwi.gov

• Steering Committee – in coordination with the Project

Management Team, compile a list of stakeholders to be invited to the Steering Committee to guide plan development.

• Grant Reporting – complete all FHWA and MPO grant reporting requirements.

B. Review of Existing Plans & Policies

Review and integrate relevant components of these documents into this Plan:

• City of Fitchburg Vision Zero Resolution (R-69-25)

• City of Fitchburg Capital Improvement Plan

• City of Fitchburg Traffic Management Process

• City of Fitchburg Transit Plan

• City of Fitchburg Bicycle & Pedestrian Plan

• City of Fitchburg Comprehensive Plan

• MPO Regional Safety Action Plan

• MPO High Injury Network

• Greenfield Neighborhood Plan

• South Stoner Prairie Neighborhood Plan

• McGaw Park Neighborhood Plan

• Northeast Neighborhood Plan

• Healthy Neighborhoods Initiative Strategic Plan (update underway in 2025-2026)

• City in Motion Economic Development Strategy (update underway 2026)

• Southdale Neighborhood Plan

• Dane County Regional Housing Strategy

• Capital Area Regional Planning Commission Regional

Development Framework

• Connect Greater Madison 2020 Regional Transportation

Plan

• Neighboring Community Plans

• City of Madison Southwest Area Plan

• City of Madison Comprehensive Plan

• City of Verona Comprehensive Plan

• Town of Verona Comprehensive Plan

• Town of Dunn Comprehensive Plan

• Village of Oregon Comprehensive Plan

Recommendations for additional plans to be included should be included in the proposal.

C. Data Collection and Analysis

In coordination with the Project Management Team, develop a list of data points and analysis types needed to inform the Plan.

Consultant will collect and analyze all required data. A draft data collection and analysis strategy should be included in the proposal.

• Minimum locations to include: all 31 signalized intersections, 17 roundabouts, 5 interchanges in the City, and all HIN locations identified in the MPO Regional Safety

Action Plan. Include off-street paths if applicable.

• Minimum data types to include: 5-year crash history; 50%, 85%, and 95% speeds; peak hour and daily motor vehicle volumes; bicycle and pedestrian volumes.

• Minimum analysis to include: contributing factors to fatal and serious injury crashes, City specific high-injury network, motor vehicle level of service (LOS) for all movements and motor vehicle, bicycle, and/or pedestrian mitigation recommendations for LOS D or lower, and concept designs to address safety issues.

D. Public Outreach and Engagement

In coordination with the Project Management Team, develop a public outreach strategy including at minimum a City-wide survey with social media and engagement tools, two public information meetings, two steering committee meetings, and two City committee/council meetings. A draft public outreach strategy should be included in the proposal.

E. Implementation Strategy

In coordination with the Project Management Team, develop an implementation strategy for the safety improvements identified in the plan. The implementation strategy should include a project priority ranking, possible grants, possible pilot projects, implementation schedule, concept designs, and approximate costs. A draft implementation strategy should be included in the proposal.

F. Comprehensive Safety Action Plan and Traffic Management

Process

Develop a draft Plan which includes a one- or two-page fact sheet explaining the Plan in an easy-to-follow format, existing plan and policy review, analysis of all collected data, outreach efforts, survey results, meeting minutes, implementation strategy, concept designs, cost estimates, and all other information above. The draft Plan will be presented to the

Committee of the Whole, Transportation and Transit

Commission, Steering Committee, and the public for review and comment. The comments shall be reviewed, and appropriate revisions shall be made to the draft Plan.

Using the draft Plan and comments, develop the final Plan and updated Traffic Management Process for review and approval by Common Council. All meeting summaries, public feedback, and technical analyses should be included as an appendix.

G. Proposed Schedule

July 31, 2026 RFP document made available.

August 31, 2026 Proposal deadline at 11:00 a.m.

September 1-11, 2026 Interviews (if needed) September 15, 2026 Consultant Notification September 21, 2026 Scoping Meeting September 30, 2026 Contract Execution July 31, 2027 Draft Action Plan Submittal September 30, 2027 Final Action Plan Submittal October 26, 2027 Final Action Plan Approval

H. Project Budget

The total budget for the Plan is $300,000. 80% of the budget is funded through the SS4A program and 20% is locally funded.

2. Preparing and Submitting a Proposal

2.1 General Information

The evaluation and selection of a consultant and the contract will be based on the information submitted in the vendor's proposal plus references and any required oral presentations. A response may be rejected if it fails to meet each of the requirements of the RFP.

Elaborate proposals (e.g. expensive artwork) beyond that sufficient to present a complete and effective proposal, are not necessary or desired.

2.2 Costs to Prepare RFP

The City of Fitchburg is not liable for any cost incurred by proposers in replying to this RFP.

2.3 Submitting the Proposal

No Proposals shall be considered unless submitted electronically via email to the project manager by the submittal deadline. The City of Fitchburg reserves the right to reject any or all Proposals, to waive any informalities in the process, and to award the Contract in the best interests of the City.

2.4 Required Elements in Response

Consultants responding to this request shall provide the following information in their RFP response in the order listed herein.

Proposals are not to exceed 20 pages.

A. Cover letter - The letter should be addressed to the Project

Manager and must contain, at a minimum, the following information limited to one page:

• Certification that the information and data submitted is true and complete to the best knowledge of the individual signing the letter,

• The name, address, telephone number, and e-mail of the individual to contact regarding the submittal.

• Acknowledgement of addenda (if applicable),

• The letter shall be signed by an authorized principal or partner of the firm.

B. A description of the qualifications, experience, organizations and resources of the firm limited to two pages.

C. Experience with similar projects. Please submit a detailed description of three similar, previously completed plans, including the following information:

• The actual cost of the project versus estimate

• Examples of successful implementation projects with data showing the effectiveness (if no projects have been implemented, include other locations where similar projects have been successful)

• The date of the plan completion

• Contact information for the client (name, address, telephone number)

D. Qualifications of personnel that would be assigned to work on the project. The respondent shall identify the function/responsibility of each individual identified (e.g. project manager, technician, etc.). Experience summaries of these key individuals shall be provided, with emphasis on previous experience in similar roles on similar projects (and particularly those identified under "Experience with similar projects"). If applicable, include a description of sub-consultants, indicating what portion of the work is to be done by them.

E. Project approach including identification of specific tasks that will be completed, public engagement strategy, a proposed project timeline, and overall cost for the work.

3. Proposal Selection and Award Process

3.1 Selection Criteria

The City will select the consultant through a qualification-based selection process. Requests for Proposals will be reviewed based on the following factors:

• Approach and scope of work – 30 points

• Engagement & equity strategy – 20 points

• Team experience & project experience – 20 points

• Overall cost, cost effectiveness, and value – 15 points

• Schedule & capacity – 10 points

• Quality of submittal – 5 points

3.2 Interviews

Selected consultants may be required to make oral presentations to supplement their proposals if requested by the City of Fitchburg.

According to the proposed schedule for the RFP, if needed, oral presentations are tentatively scheduled for September 1-11, 2026.

The City will make every reasonable attempt to schedule each presentation at a time that is agreeable to the proposer. Failure of a proposer to conduct a presentation to the City on the date scheduled may result in rejection of the vendor's proposal.

3.3 Right to Reject Proposals and Negotiate Contract

Terms

The City reserves the right to reject any and all proposals and to negotiate the terms of the contract, including the award amount, with the selected proposer prior to entering into a contract. If contract negotiations cannot be concluded successfully with the highest scoring proposer, the agency may negotiate a contract with the next highest scoring proposer.

4. Contract Terms and Conditions

4.1 Inclusion of Proposer’s Terms and Conditions

The final Contract for these services will be with the City of Fitchburg. Proposers should submit terms and conditions with their proposals. The City of Fitchburg reserves the right to negotiate terms and conditions during contract negotiations.

Agreement for Engineering Services

OWNER ENGINEER

City of Fitchburg _________________________ 5520 Lacy Road _________________________ Fitchburg, Wisconsin 53711 _________________________

PROJECT: Comprehensive Safety Action Plan

1. Scope of Services

1.1 Surveys

The services can generally be described as engineering services related to acquisition of site information for the purpose of preparing preliminary and final design plans for the PROJECT. Included in these services will be

1.2 Design

These services can generally be described as engineering services related to preparation of preliminary plans, probable cost estimate, environmental documentation and design study report, final plans for the PROJECT.

These services shall include: __________.

The ENGINEER will provide necessary civil engineering services incidental to the PROJECT along with necessary drafting and field personnel. The ENGINEER'S field and office equipment and office facilities shall be provided as necessary to complete the services required under the Agreement. The ENGINEER has adequate staff and facilities for the services required under this Agreement.

1.3 Service Elements Not Included

The following services are not included under the scope of this Agreement:

_________If such services are required, they shall be provided by an amendment to this Agreement or through a separate Agreement with the

OWNER.

1.4 Extension of Services

This Agreement may be extended for additional services upon authorization by OWNER. Extension of consulting services shall be provided on an hourly basis plus expenses. Hourly services shall be provided on the basis of time actually spent in performance of the additional services

1.5 Completion of Services

No services under this Agreement shall commence unless authorized by the OWNER in writing. If authorization is received by _____________, it is expected that the Design Study Report will be completed on or about __________ and the PS&E shall be ready for a __________ letting. This Agreement shall terminate ___________ unless otherwise amended.

2. Compensation, Billing and Payment

2.1 Compensation

Compensation for the services set forth in Sections 1. 1 and 1. 2 will be at an hourly basis in accordance with ENGINEER'S hourly rates attached as Exhibit A. The ENGINEER will invoice OWNER monthly for the service provided. Direct expenses such as printing, mileage, and other supplies shall be considered incidental to this countract. The invoice shall provide a breakdown of services rendered according to ENGINEER's labor classifications shown on Exhibit A. The total compensation for these services, including fees and expenses, shall be a sum not to exceed

2.2 Billing and Payment

2.2.1 Timing/Format/Acceptance

ENGINEER will invoice OWNER monthly, with net payment due in 60 days. Unless OWNER provides ENGINEER with a written statement of any objections to the invoice within 30 days of receipt, OWNER shall be deemed to accept the invoice as submitted, provided, however, acceptance of the invoice shall not constitute OWNER’s acceptance of improper, faulty, or defective work, shall not release ENGINEER of any of its obligations under this Agreement, and shall not constitute a waiver of any rights or provisions hereof by OWNER.

2.2.2 Late Payments

Past due balances shall be subject to a service charge at the rate of 1 % (one percent) per month. Any amount that OWNER has objected to shall not be considered due or past due until the objection has been resolved.

2.2.3 Delay/Adjustment

If services continue beyond estimates established herein, other compensation elements may be adjusted to reflect conditions existing at the time of provision of such extended services.

2.2.4 Billing Records

ENGINEER maintains accounting records of its costs in accordance with generally accepted accounting practices. Access to such records will be provided during normal business hours with reasonable notice. OWNER requests for copies of original source documents will be billed as additional services at the rates in effect at the time of the request.

2.2.5 Sales/Use Taxes

Any sale or use taxes imposed upon provision of professional services under this Agreement and in effect on the date of the invoice shall be in addition to the total compensation, and will be added to the invoice amount and billed to OWNER.

2.2.6 Expenses

Expenses incurred on the PROJECT such as travel, computer, printing and telephone shall be considered incidental to the contract.

3. Standard Terms and Conditions

3.1 Standard of Care

Services shall be performed in accordance with the standard of professional practice ordinarily exercised by the profession at the time and within the locality where the services are performed. ENGINEER agrees to indemnify and hold OWNER harmless from all damages, claims, and liability, including attorney's fees arising directly from ENGINEER'S failure to perform in accordance with such standard of care.

3.2 Change of Scope

The Scope of Services set forth in this Agreement is based on facts known at the time of execution of this Agreement, including, if applicable, information supplied by OWNER. For some projects involving conceptual or process development services, scope may not be fully definable during initial phases. As the PROJECT progresses, facts discovered, including discovery of unanticipated hazardous materials, may indicate that scope should be re-evaluated. ENGINEER will promptly inform OWNER in writing of such situations, and if the facts discovered constitute a material change in PROJECT assumptions, the parties shall renegotiate this Agreement as necessary.

3.3 Safety

ENGINEER has established and maintains corporate programs and procedures for the safety of its employees. Unless specifically set forth in this Agreement. ENGINEER specifically disclaims any authority or responsibility for general job site safety and safety of persons other than ENGINEER employees, except any injuries arising from ENGINEER negligence.

3.4 Construction Review

For projects involving construction, OWNER acknowledges that under generally accepted professional practice, interpretations of construction documents in the field are normally required and that performance of construction related services by the design professional permits errors or omissions to be identified and corrected at comparatively low costs.

OWNER agrees to hold ENGINEER harmless from any claims resulting from performance of construction related services by persons other than ENGINEER, except for claims directly caused by, or attributable to, ENGINEER, its employees, or agents.

3.5 Delays

If events beyond the control of ENGINEER, including, but not limited to, fires, floods, riots, strikes, unavailability of labor or materials, process shutdowns, acts of God or the public enemy, or acts or regulations of any governmental agency other than OWNER, result in delays to the schedule established in this Agreement; such schedule and, if necessary, the compensation established in this Agreement shall be amended to the extent necessary to compensate for such delay.

3.6 Termination for Cause

3.6.1 OWNER may terminate this Agreement effective seven days after sending written notice to ENGINEER upon the happening of the following events:

3.6.1.1 ENGINEER fails to deliver any reports, drawings, or designs in final form reasonably acceptable to OWNER by the schedule set forth in 1.1.5 of this agreement.

3.6.1.2 ENGINEER fails to perform any services

required by this Agreement in a timely and professional manner or fails reasonably to cooperate with OWNER.

3.6.2 ENGINEER may terminate this Agreement effective seven days after sending written notice to the OWNER if OWNER materially interferes with the performance of this Agreement by ENGINEER.

3.7 Termination for Convenience

a. OWNER may terminate this Agreement in whole or in part, at any time by written notice to ENGINEER, whether or not ENGINEER is in default.

Such termination for convenience shall be effective at the time and in the manner specified in OWNER’s written notice to ENGINEER.

b. Upon receipt of written notice from OWNER of such termination for

OWNER’s convenience, ENGINEER shall:

• Cease work as directed by OWNER in the notice;

• Take actions necessary, or that OWNER may direct, to preserve work performed to date; and

• Terminate all existing consultancy agreements or purchase orders.

c. Upon such termination for convenience, ENGINEER shall be entitled to receive payment for work executed, and reasonable costs, as mutually agreed between OWNER and ENGINEER, incurred by ENGINEER due to such termination, but in no event including loss of anticipated profits for work not performed.

3.8 Suspension

In the event either party defaults in its obligations under this Agreement (including OWNER's obligation to make the payments required hereunder), the non-defaulting party may, after 7 days written notice to the other party, suspend performance under this Agreement. Such written notice must state the party’s intention to suspend performance under the Agreement if cure of such default is not commenced within such time limit contained in the written notice.

3.9 Insurance

ENGINEER shall maintain the following minimum insurance coverage/limits:

Comprehensive General Liability: $1,000,000occurrence/$2,000,000 aggregate

Automobile Liability $1,000,000 occurrence/aggregate

Worker's Compensation Statutory /Employers Liability

Excess Liability $7,000,000 occurrence/aggregate

Professional Liability $5,000,000 occurrence/aggregate

3.10 Hold Harmless and Indemnification

ENGINEER acknowledges and agrees that liability for both bodily injury, disability and/or death of ENGINEER’s employees or any other person, or for damages to property caused in any way by the operations of ENGINEER under this agreement shall be assumed by ENGINEER, and ENGINEER shall indemnify and hold OWNER harmless against all claims, actions, proceedings, direct damages and liabilities, including reasonable attorney’s fees, arising from or connected with ENGINEER’s activities in connection with the services provided to OWNER, including but not limited to, any acts, errors or omissions of ENGINEER, its employees, agents, representatives and any other person doing business with ENGINEER in connection with this agreement. However, in no event and under no circumstances shall ENGINEER be liable to OWNER for consequential, incidental, indirect, special, or punitive damages as incurred by OWNER due to OWNER’s direct acts and omissions. This section is not to be in conflict with Section

893.80 (4), Wis. Stats.

3.11 Liability For Toxic/Hazardous Materials

OWNER agrees that the overall liability for the actual, alleged, or threatened discharge, dispersal, release, or escape of toxic hazardous or asbestos material and the responsibility for ownership and maintenance of such materials relating to the PROJECT, shall remain with OWNER, except for any damages, claims, and liability arising directly from ENGINEER negligence or intentional acts.

3.12 Access

OWNER shall provide ENGINEER safe access to any premises necessary for ENGINEER to provide the services under this Agreement.

3.13 Reuse of Documents

Reuse of any documents pertaining to this PROJECT by OWNER on extensions of this PROJECT or on any other PROJECT shall be at OWNER’S risk. OWNER agrees to release ENGINEER from all claims, damages, and expenses, including attorney’s fees, arising out of such reuse of the documents by OWNER or by others acting through OWNER, except for any damages, claims, and liability arising directly from ENGINEER negligence. OWNER acknowledges that the documents are not intended or represented to be suitable for reuse by OWNER or others on extensions of PROJECT, on any other project, or for any other use or purpose, without written verification or adaptation by ENGINEER.

3.14 Amendment

This Agreement, upon execution by both parties hereto, can be amended only by a written instrument signed by both parties.

3.15 Assignment

Except for assignments (a) to entities which control, or are controlled by, the parties hereto or (b) resulting from operation of law, the rights and obligations of this Agreement cannot be assigned by either party without written permission of the other party.

3.16 Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the matters covered herein and supersedes all prior discussions, understandings or agreements between the parties with respect to such matters.

3.17 No Waiver

No waiver by either party of any default by the other party in the performance of any particular section of this Agreement shall invalidate any other section of this Agreement or operate as a waiver of any future default, whether like or different in character.

3.18 No Third-Party Beneficiary

Nothing contained in this Agreement, nor the performance of the parties hereunder, is intended to benefit, nor shall inure to the benefit of, any third party, including OWNER'S contractors, if any.

3.19 Severability

The various terms, provisions and covenants herein contained shall be deemed to be separate and severable, and the invalidity or unenforceability of any of them shall not affect or impair the validity or enforceability of the remainder.

3.20 Authority

The persons signing this Agreement warrant that they have the authority to sign as, or on behalf of, the party for whom they are signing.

3.21 Notices

Any notice required hereunder shall be sent to the business address designated on the signature page of this Agreement and shall be deemed served if sent by registered or certified mail or hand-delivered to an officer or authorized representative of the party to whom the notice is directed.

3.22 Opinions of Construction Cost

Any opinion of construction costs prepared by ENGINEER is supplied for the general guidance of OWNER only. Since ENGINEER has no control over Contractor's costs of labor or materials, or competitive bidding or market conditions, ENGINEER cannot guarantee the accuracy of such opinions as compared to contract bids or actual costs to OWNER.

3.23 Relations with Contractors

ENGINEER shall serve as OWNER's professional representative for the services defined in this Agreement, and may make recommendations to OWNER concerning actions relating to OWNER's contractors, but ENGINEER specifically disclaims any authority to direct or supervise the means, methods, techniques, safety programs, sequences, or procedures of construction selected by OWNER's contractors.

3.24 Laws to be Observed

ENGINEER shall at all times observe and comply with all Federal and State Laws and administrative rules, local laws, ordinances, and regulations which in any manner affect the conduct of the PROJECT, and all orders or decrees, as exist at the present time or which may be enacted within the time frame of this agreement of bodies or tribunals having jurisdiction or authority over the PROJECT.

3.25 Affirmative Action

ENGINEER agrees that qualified small and minority owned business enterprises shall have the maximum practicable opportunity to participate in the performance of DOT aid-assisted contracts and subcontracts. In connection with the performance of services under this agreement, ENGINEER agrees not to discriminate against any employee or applicant for employment because of age, race, creed, color, religion, handicap, sex, physical condition, marital status, national origin, ancestry, sexual orientation, developmental disability as defined in section 111.01(5), Wis.

Stats., arrest record, conviction record, or membership in the National Guard, state defense force, or any other reserve component of the military forces of the United States or the State. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruiting advertising, lay-off or termination, rates of pay or other forms of compensation, selection for training, including apprenticeship. ENGINEER agrees to post in a conspicuous place available for employees and applicants for employment notices to be provided by ENGINEER setting forth the provisions of this non-discrimination clause.

3.26 Professional Services

ENGINEER intends to serve as OWNER's professional representative for those services as defined in this Agreement and to provide advice and consultation to OWNER as a professional. Any opinions of probable PROJECT costs, approvals, and other decisions made by ENGINEER for OWNER are rendered on the basis of experience and qualifications and present ENGINEER's professional judgment.

ENGINEER acknowledges and agrees that it is an independent contractor of OWNER, that its business is independently owned and operated, that nothing in this contract shall be interpreted to cause or result in, directly or indirectly, any principal/agent or employer/employee relationship between ENGINEER and OWNER, and that nothing in this agreement shall in any way whatsoever be construed as an agreement of partnership, general or limited, joint venture, or as an agency relationship, between the OWNER and ENGINEER. ENGINEER agrees not to represent or advertise in any way that its relationship with the OWNER is other than as provided in this paragraph.

3.27 Disputes

a. OWNER and ENGINEER agree to initially attempt mediation regarding any dispute arising between OWNER and ENGINEER under this Agreement. Such proceedings shall be held in Fitchburg, Wisconsin. At OWNER’s option, any such mediation will be consolidated with related dispute resolution proceedings involving

OWNER, ENGINEER, or any other party. Sole jurisdiction for all proceedings shall be Dane County Wisconsin.

b. Nothing contained in the aforementioned paragraph shall be construed to relieve ENGINEER of any obligations it may have under Section 893.80, Wis. Stats.

IN WITNESS WHEREOF the parties hereby have made and executed this Agreement.

ENGINEER:

BY: ____________________________ _____________________________

Date

ATTEST: _______________________ _____________________________

Date

OWNER:

BY: ___________________________ _____________________________

Date

ATTEST: _______________________ _____________________________

Date Provision has been made to pay the liability that will accrue with this agreement.

City’s Financial Officer Date