Board of Public Works
City of Waupun · Fond du Lac County · meeting of May 12, 2026 · Agendas
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A G E N D A
CITY OF WAUPUN BOARD OF PUBLIC WORKS
MEETING
Waupun City Hall – 201 E. Main Street, Waupun WI
Tuesday, May 12, 2026 at 4:30 PM
The City of Waupun Board of Public Works and Facilities Committee will meet in-person, virtually and
teleconference. Instructions to join the meeting are provided below.
Virtual: https://us02web.zoom.us/j/81987138114?pwd=jmbyz8Ck1Pdb9Bh58wB99oGOinRW9y.1
Meeting ID: 819 8713 8114
Passcode: 359980
Phone: 312.626.6799 US (Chicago)
CALL TO ORDER
ROLL CALL
RECOGNITION OF MAYORAL APPOINTMENT OF BOARD MEMBERS
1. 2026-2027 Board of Public Works and Facilities Committee
NOMINATIONS AND APPOINTMENT OF BOARD CLERK
ESTABLISH DAY OF MONTH AND TIME OF BOARD MEETING
PERSONS WISHING TO ADDRESS THE BOARD OF PUBLIC WORKS--State name, address, and subject of comments.
(2 Minutes)
No Public Participation after this point.
FUTURE MEETINGS AND GATHERING INVOLVING THE BOARD OF PUBLIC WORKS
CONSIDERATION - ACTION
2. Minutes from April 14, 2026 Board of Public Works Meeting
3. Fraser Ln Extension Project
4. Window Repair at Heritage Museum
5. Stop Sign at Elm Ave and Grace St.
6. City Hall Deficiency/Improvement Capital Needs
DISCUSSION
7. April Report
ADJOURNMENT
Upon reasonable notice, efforts will be made to accommodate disabled individuals through appropriate aids and
services. For additional information, contact the City Clerk at 920-324-7915.
BOARD OF PUBLIC WORKS AND FACILITIES COMMITTEE BOARD OF PUBLIC WORKS AND FACILITIES COMMITTEE BOARD OF PUBLIC WORKS AND FACILITIES COMMITTEE BOARD OF PUBLIC WORKS AND FACILITIES COMMITTEE (3 Year Term)
Board of Public Works and Facilities shall regularly meet on the 2nd Tuesday of each month at 4:30pm
The Board of Public Works shall consist of (3) Alde rpersons and (4) City residents, all of whom shall be appointed by the
Mayor, subject to approval by the Common Council. A lderpersons shall each serve for a term of one (1) year. Resident
members shall each serve for a term of three (3) years. The Mayor, Director of Public Works, Recreation Program Director,
Public Utilities Manager, Clerk and Police Chief or his or her designee shall also serve as ex officio , non-voting members of
the Board. The Mayor shall each year designate a voting member of the Board as Chairperson, who shall also serve as Board
President. At its organizational meeting each year, the Board shall by resolution appoint a voting mem ber of the Board to
serve as Board Clerk for that year.
ALDERMAN Mayoral Appointed Chairman Dan Siebers
ALDERMAN Michael Matoushek
ALDERMAN Bobbi Jo Kunz
CITIZEN 4/30/202 7 Dale Heeringa
CITIZEN 4/30/2027 Andrew Sullivan
CITIZEN 4/30/2027 Marcia Maly
CITIZEN 4/30/2027 Dave Rens
MAYOR Ex Officio - Non Voting
DIRECTOR OF PUBLIC WORKS Ex Officio - Non Voting
RECREATION PROGRAM DIRECTOR Ex Officio - Non Voting
UTILITY GENERAL MANAGER/DESIGNEE Ex Officio - Non Voting
CITY CLERK Ex Officio - Non Voting
POLICE CHIEF/DESIGNEE Ex Officio - Non Voting
M I N U T E S
CITY OF WAUPUN BOARD OF PUBLIC WORKS
MEETING
Waupun City Hall – 201 E. Main Street, Waupun WI
Tuesday, April 14, 2026 at 4:30 PM
Meeting called to order at 4:30 pm by Chairperson Dan Siebers.
Roll call taken. Members Present Include: Alderpersons: Dan Siebers, Mike Matoushek, Bobbi Jo Kunz
Citizens: Marcia Maly, Dave Rens, Dale Heeringa. Absent: Andrew Sullivan.
Ex Officio: DPW Director Jeff Daane.
City Staff: Mayor Rohn Bishop, City Administrator Kathy Schlieve
Public Virtual: Jason Whitford
No one present during public comment.
Next regularly scheduled meeting: Tuesday, May 12, 2026, 4:30 p.m. Waupun City Hall, 201 E Main Street,
Waupun, WI,
Motion Kunz, second Matoushek to approve minutes from March 24, 2026 Board of Public Works Meeting.
Carried unanimously.
Motion Matoushek, second Maly to approve ordinance to amend Chapter 6.05 (c) 3 entitled parking limitations as
presented. Carried unanimously.
Public Works Director Jeff Daane explains the back-alley project on the north side of the 300 and 400 blocks of
East Main St. Bids came in higher than expected, however it is a more challenging project with more constraints.
Waupun Utilities approved their portion of the project this evening. The City’s portion is funded by TID 3. Motion
Matoushek, second Kunz to recommend to council the low base bid from Koplin & Kinas Co. Inc. in the amount of
$1,741,299.60. Carried unanimously.
Public Works Director Daane reviews his department report for March. Specific areas of focus over the last month
included snow and ice removal and equipment repair due to the late winter storm. Daane noted the parks just
passed inspections for summer and the community center floor replacement is scheduled to begin in May.
Motion Kunz, second Rens to adjourn this meeting at 4:39 pm. Carried unanimously.
AGENDA SUMMARY SHEET
MEETING DATE: 5/12/26 TITLE: Fraser Ln Extension Project
AGENDA SECTION: CONSIDERATION-ACTION
PRESENTER: Jeff Daane, Public Works Director
DEPARTMENT GOAL(S) SUPPORTED (if applicable) FISCAL IMPACT
High Performance Government $18,980
ISSUE SUMMARY:
Fraser Ln is currently a short dead end that ends just north of Seymour St. This extension would go through the
intersection of Seymour St. and south to the property line. This way if any future development occurs there is a second
exit for the area.
STAFF RECOMMENDATION:
Recommend to City council
ATTACHMENTS:
Agreement with MSA to engineer the project
RECOMMENDED MOTION:
Motion to recommend this agreement with MSA for Fraser Lane Extension Project City of Waupun, Dodge County,
Wisconsin for $18,980 to city council
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MSA Project Number: 00212178
This AGREEMENT (Agreement) is made effective April 27, 2026 by and between
MSA PROFESSIONAL SERVICES, INC (MSA )
Address: 201 Corporate Drive, Beaver Dam, WI 53916
Phone: 920-392-5136
Representative: Jason Laue, MSA Project Manager Email:
jlaue@msa-ps.com
CITY OF WAUPUN, WI (OWNER)
Address: 201 E. Main Street, Waupun, WI 53963
Phone: 920-324-7912
Representative: Kathy Schlieve, City Administrator Email:
kathy@cityofwaupunwi.gov
Project Name: Fraser Lane Extension Project
City of Waupun, Dodge County, Wisconsin
The scope of the work authorized is: See Attachment A: Scope of Services
The schedule to perform the work is: See Attachment A: Scope of Services
The estimated fee for the work is: $18,980
All services shall be performed in accordance with the General Terms and Conditions of MSA,
which is attached and made part of this Agreement. Any attachments or exhibits referenced in
this Agreement are made part of this Agreement. Pay ment for these services will be on a time
and expense basis. Attachment B: Rate Schedule is attached and made part of this Agreement.
Approval: Authorization to proceed is acknowledged by signatures of the parties to this
Agreement.
CITY OF WAUPUN, WI MSA PROFESSIONAL SERVICES, INC.
Kathy Schlieve, City Administrator Jason M. Laue, MSA Project Manager
Date:
Date: April 27, 2026
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(General Terms & Conditions - Public)
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MSA PROFESSIONAL SERVICES, INC. (MSA)
GENERAL TERMS AND CONDITIONS OF SERVICES (PUBLIC) (rev 01/26)
1. Scope and Fee. The scope of Owner’s Project (the “Project”), scope of MSA’s services (the “Work”), for
those services are defined in Attachment A. The scope and fee constitute a good faith estimate of the tasks and
associated fees required to perform the services de fined in Attachment A. This agreement upon executi on by
both parties hereto, can be amended only by written instrument signed by both parties. For those proj ects
involving conceptual or process development service or involve renovation of an existing building or s tructure,
activities often cannot be fully defined during ini tial planning. As the Project progresses, facts un covered may
reveal a change in direction which may alter the Work. MSA will promptly inform the OWNER in writing of such
situations so that changes in this agreement can be made as required.
2. Owner’s Responsibilities .
(a) Project Scope and Budget
The OWNER shall define the scope and budget of the Project and, when applicable, periodically update t he
Project budget, including that portion allocated fo r the cost of the Work. The Project budget shall i nclude
contingencies for design, development, and, when re quired by the scope of the Project, construction of the
Project. The OWNER shall not significantly increas e or decrease the overall Project scope or schedule , the
portion of the budget allocated for the cost of the Work, or contingencies included in the overall bud get or a
portion of the budget, without the agreement of MSA to a corresponding change in the Project scope, qu ality,
schedule, and compensation of MSA.
(b) Designated Owner Representative
The OWNER shall identify a Designated Representative who shall be authorized to act on behalf of the OWNER
with respect to the Project. OWNER’s Designated Re presentative shall render related decisions in a ti mely
manner so as to avoid unreasonable delay in the orderly and sequential progress of MSA’s services. MSA shall
not be liable for any error or omission made by OWN ER, OWNER’s Designated Representative, or OWNER’s
consultant.
(c) Tests, Inspections, and Reports
When required by the scope of the Project, the OWNER shall furnish tests, inspections, and reports required by
law or the Contract Documents, such as planning stu dies; preliminary designs; structural, mechanical, or
chemical tests; tests for air, water, or soil pollution; and tests for hazardous materials.
(d) Additional Consultants
MSA’s consultants shall be identified in Attachment A. The OWNER shall furnish the services of other
consultants other than those designated in Attachme nt A, including such legal, financial, accounting, and
insurance counseling services as may be required for the Project.
(e) OWNER Provided Services and Information
MSA shall be entitled to rely on the accuracy and c ompleteness of services and information furnished b y the
OWNER, Designated OWNER Representative, or Consulta nt. MSA shall use reasonable efforts to provide
prompt written notice to the OWNER if MSA becomes aware of any errors, omissions, or inconsistencies in such
services or information.
3. Billing. MSA will bill the OWNER monthly with net payment due upon receipt. Balances due past thirty
(30) days shall be subject to an interest charge at a rate of 18% per year from said thirtieth day. I n addition,
MSA may, after giving seven days written notice, su spend service under any agreement until the OWNER h as
paid in full all amounts due for services rendered and expenses incurred, including the interest charg e on past
due invoices.
4. Costs and Schedules. Costs (including MSA’s fees and reimbursable expens es) and schedule
commitments shall be subject to change for delays caused by the OWNER's failure to provide specified facilities
or information or for delays caused by unpredictable occurrences including, without limitation, fires, floods, riots,
strikes, unavailability of labor or materials, dela ys or defaults, by suppliers of materials or servic es, process
shutdowns, pandemics, acts of God or the public ene my, or acts of regulations of any governmental agen cy.
Temporary delays of services caused by any of the above which result in additional costs beyond those outlined
may require renegotiation of this agreement.
5. Access to Site. Owner shall furnish right-of-entry on the Project site for MSA and, if the site is not owned
by Owner, warrants that permission has been granted to make planned explorations pursuant to the scope of
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services. MSA will take reasonable precautions to minimize damage to the site from use of equipment, but has
not included costs for restoration of damage that may result and shall not be responsible for such costs.
6. Location of Utilities. Owner shall supply MSA with the location of all pre-existent utilities and MSA has
the right to reasonably rely on all Owner supplied information. In those instances where the scope of services
require MSA to locate any buried utilities, MSA sha ll use reasonable means to identify the location of buried
utilities in the areas of subsurface exploration and shall take reasonable precautions to avoid any damage to the
utilities noted. However, Owner agrees to indemnif y and defend MSA in the event of damage or injury a rising
from damage to or interference with subsurface structures or utilities which result from inaccuracies in information
of instructions which have been furnished to MSA by others.
7. Professional Representative. MSA intends to serve as the OWNER’s professional re presentative for
those services as defined in this agreement, and to provide advice and consultation to the OWNER as a
professional. Any opinions of probable project cos ts, reviews and observations, and other recommendat ions
made by MSA for the OWNER are rendered on the basis of experience and qualifications and represents th e
professional judgment of MSA. However, MSA cannot and does not warrant or represent that proposals, bid or
actual project or construction costs will not vary from the opinion of probable cost prepared by it.
8. Construction. When applicable to the scope of the Project, the OW NER shall contract with a licensed
and qualified Contractor for implementation of cons truction work utilizing a construction contract bas ed on an
EJCDC construction contract and general conditions appropriate for the scope of the Project and for the delivery
method. In the construction contract, the OWNER sh all use reasonable commercial efforts to require th e
Contractor to (1) obtain Commercial General Liabili ty Insurance with contractual liability coverage in suring the
obligation of the Contractor, and name the OWNER, M SA and its employees and consultants as additionall y
insureds of that policy; (2) indemnify and hold harmless the OWNER, MSA and its employees and consultants
from and against any and all claims, damages, losse s, and expenses (“Claims”), including but not limit ed to
reasonable attorney’s fees and economic or conseque ntial damages arising in whole or in part out of th e
negligent act or omission of the contractor, and Su bcontractor or anyone directly or indirectly employed by any
of them. This agreement shall not be construed as giving MSA, the responsibility or authority to dire ct or
supervise construction means, methods, techniques, sequence, or procedures of construction selected by the
contractors or subcontractors or the safety precaut ions and programs incident to the work, the same be ing the
sole and exclusive responsibility of the contractors or subcontractors.
9. Standard of Care. In conducting the services, MSA will apply present professional, engineering and/or
scientific judgment, which is known as the “standar d of care”. The standard of care is defined as tha t level of
skill and care ordinarily exercised by members of t he same profession practicing at the same point in time and
in the same or similar locality under similar circu mstances in performing the Services. The OWNER
acknowledges that "current professional standards" shall mean the standard for professional services, measured
as of the time those services are rendered, and not according to later standards, if such later standards purport
to impose a higher degree of care upon MSA.
MSA does not make any warranty or guarantee, expre ssed or implied, nor have any agreement or contract
for services subject to the provisions of any uniform commercial code. Similarly, MSA will not accept those terms
and conditions offered by the OWNER in its purchase order, requisition, or notice of authorization to proceed,
except as set forth herein or expressly agreed to i n writing. Written acknowledgement of receipt, or the actual
performance of services subsequent to receipt of such purchase order, requisition, or notice of authorization to
proceed is specifically deemed not to constitute acceptance of any terms or conditions contrary to those set forth
herein.
10. Municipal Advisor . MSA Professional Services, Inc. is not acting as a ‘Municipal Advisor’ to the owner
pursuant to Section 15B of the Exchange Act. For financial advice related to the corresponding project, the client
is encouraged to discuss their finances with intern al and/or external advisors and experts before maki ng
decisions incurring debt and/or supporting those obligations. MSA desires to serve each client well by providing
the best information publicly available and is prov iding information as part of its engineering respon sibilities to
inform client options. The information is not intended to provide financial advice or recommendations and is not
bound by the formal Municipal Advisor fiduciary duty.
11. Conduct Expectations. Owner and MSA understand their respective obligati ons to provide a safe,
respectful work environment for their employees. B oth parties agree that harassment on the job (unwel come
verbal, physical or other behavior that is related to sex, race, age, or protected class status) will not be tolerated
and will be addressed timely and in compliance with anti-harassment laws.
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12. Electronic Documents and Transmittals . Owner and MSA agree to transmit and accept pro ject
related correspondence, documents, text, data, drawings and the like in digital format in accordance with MSA’s
Electronic Data Transmittal policy. Each party is responsible for its own cybersecurity, and both par ties waive
the right to pursue liability against the other for any damages that occur as a direct result of elect ronic data
sharing.
13. Building Information Modelling (BIM). For any projects, and not limited to building pro jects, utilizing
BIM, OWNER and MSA shall agree on the appropriate level of modelling required by the project, as well as the
degree to which the BIM files may be made available to any party using the Electronic Document Transmi ttal
provisions of section 12 of this Agreement.
14. Construction Site Visits. If the scope of services includes services during t he Construction Phase,
MSA shall make visits to the site as specified in Attachment A– Scope of Services. MSA shall not, during such
visits or as a result of such observations of Contractor's work in progress, supervise, direct or have control over
Contractor's work nor shall MSA have authority over or responsibility for the means, methods, techniqu es,
sequences or procedures of construction selected by Contractor, for safety precautions and programs in cident
to the work of Contractor or for any failure of Con tractor to comply with laws, rules, regulations, or dinances,
codes or orders applicable to Contractor's furnishi ng and performing the work. Accordingly, MSA neith er
guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish
and perform its work in accordance with the Contract Documents.
15. Termination. This Agreement shall commence upon execution and shall remain in effect until terminated
by either party, at such party's discretion, on not less than thirty (30) days' advance written notice. The effective
date of the termination is the thirtieth day after the non-terminating party's receipt of the notice of termination. If
MSA terminates the Agreement, the OWNER may, at its option, extend the terms of this Agreement to the extent
necessary for MSA to complete any services that wer e ordered prior to the effective date of terminatio n. If
OWNER terminates this Agreement, OWNER shall pay MSA for all services performed prior to MSA's receipt of
the notice of termination and for all work performe d and/or expenses incurred by MSA in terminating Se rvices
begun after MSA's receipt of the termination notice. Termination hereunder shall operate to discharge only those
obligations which are executory by either party on and after the effective date of termination. These General
Terms and Conditions shall survive the completion o f the services performed hereunder or the Terminati on of
this Agreement for any cause.
This agreement cannot be changed or terminated ora lly. No waiver of compliance with any provision or
condition hereof should be effective unless agreed in writing and duly executed by the parties hereto.
16. Betterment. If, due to MSA’s error, any required or necessary item or component of the Project is omitted
from the construction documents, MSA’s liability sh all be limited to the reasonable costs of correctio n of the
construction, less what OWNER’S cost of including t he omitted item or component in the original constr uction
would have been had the item or component not been omitted. It is intended by this provision that MSA will not
be responsible for any cost or expense that provides betterment, upgrade, or enhancement of the Project.
17. Hazardous Substances. OWNER acknowledges and agrees that MSA has had no r ole in identifying,
generating, treating, storing, or disposing of haza rdous substances or materials which may be present at the
Project site, and MSA has not benefited from the pr ocesses that produced such hazardous substances or
materials. Any hazardous substances or materials encountered by or associated with Services provided by MSA
on the Project shall at no time be or become the pr operty of MSA. MSA shall not be deemed to possess or
control any hazardous substance or material at any time; arrangements for the treatment, storage, transport, or
disposal of any hazardous substances or materials, which shall be made by MSA, are made solely and
exclusively on OWNER's behalf for OWNER's benefit and at OWNER's direction. Nothing contained within this
Agreement shall be construed or interpreted as requ iring MSA to assume the status of a generator, stor er,
treater, or disposal facility as defined in any federal, state, or local statute, regulation, or rule governing treatment,
storage, transport, and/or disposal of hazardous substances or materials.
All samples of hazardous substances, materials or contaminants are the property and responsibility of
OWNER and shall be returned to OWNER at the end of a project for proper disposal. Alternate arrangeme nts
to ship such samples directly to a licensed disposal facility may be made at OWNER's request and expense and
subject to this subparagraph.
18. Insurance. MSA will maintain insurance coverage for: Worker's Compensation, General Liability, and
Professional Liability. MSA will provide informati on as to specific limits upon written request. If the OWNER
requires coverages or limits in addition to those in effect as of the date of the agreement, premiums for additional
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insurance shall be paid by the OWNER. The liability of MSA to the OWNER for any indemnity commitments, or
for any damages arising in any way out of performan ce of this contract is limited to such insurance co verages
and amount which MSA has in effect.
19. Reuse of Documents. Reuse of any documents and/or services pertaining t o this Project by the
OWNER or extensions of this Project or on any other project shall be at the OWNER’s sole risk. The OW NER
agrees to defend, indemnify, and hold harmless MSA for all claims, damages, and expenses including attorneys’
fees and costs arising out of such reuse of the doc uments and/or services by the OWNER or by others ac ting
through the OWNER.
20. Indemnification. To the fullest extent permitted by law, MSA shall i ndemnify and hold harmless,
OWNER, and OWNER’s officers, directors, members, pa rtners, consultants, and employees (hereinafter
“OWNER”) from reasonable claims, costs, losses, and damages arising out of or relating to the PROJECT,
provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, diseas e, or death,
or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting
therefrom but only to the extent caused by any negl igent act or omission of MSA or MSA’s officers, dir ectors,
members, partners, employees, or Consultants (hereinafter “MSA”). In no event shall this indemnity agreement
apply to claims between the OWNER and MSA. This in demnity agreement applies solely to claims of third
parties. Furthermore, in no event shall this indem nity agreement apply to claims that MSA is responsi ble for
attorneys’ fees. This agreement does not give rise to any duty on the part of MSA to defend the OWNER on any
claim arising under this agreement.
To the fullest extent permitted by law, OWNER shal l indemnify and hold harmless, MSA, and MSA’s officers,
directors, members, partners, consultants, and empl oyees (hereinafter “MSA”) from reasonable claims, c osts,
losses, and damages arising out of or relating to t he PROJECT, provided that any such claim, cost, los s, or
damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction o f tangible
property (other than the Work itself) including the loss of use resulting therefrom but only to the ex tent caused
by any negligent act or omission of the OWNER or th e OWNER’s officers, directors, members, partners,
employees, or Consultants (hereinafter “OWNER”). In no event shall this indemnity agreement apply to claims
between MSA and the OWNER. This indemnity agreement applies solely to claims of third parties. Furthermore,
in no event shall this indemnity agreement apply to claims that the OWNER is responsible for attorneys ’ fees.
This agreement does not give rise to any duty on th e part of the OWNER to defend MSA on any claim aris ing
under this agreement.
To the fullest extent permitted by law, MSA’s tota l liability to OWNER and anyone claiming by, throug h, or
under OWNER for any cost, loss or damages caused in part or by the negligence of MSA and in part by th e
negligence of OWNER or any other negligent entity o r individual, shall not exceed the percentage share that
MSA’s negligence bears to the total negligence of OWNER, MSA, and all other negligent entities and individuals.
21 . Accrual of Claims . To the fullest extent permitted by Laws and Regulations, all causes of action arising
under this Agreement will be deemed to have accrued, and all statutory periods of limitation will commence, no
later than the date of Substantial Completion; or, if MSA’s services do not include Construction Phase services,
or the Project is not completed, then no later than the date of Owner’s last payment to MSA.
22. Dispute Resolution. OWNER and MSA desire to resolve any disputes or are as of disagreement
involving the subject matter of this Agreement by a mechanism that facilitates resolution of disputes by
negotiation rather than by litigation. OWNER and M SA also acknowledge that issues and problems may ar ise
after execution of this Agreement which were not an ticipated or are not resolved by specific provision s in this
Agreement. Accordingly, both OWNER and MSA will endeavor to settle all controversies, claims, counterclaims,
disputes, and other matters thru mediation with a mutually agreed upon mediator. Demand for mediation shall
be filed in writing with the other party to this Ag reement. A demand for mediation shall be made with in a
reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for
mediation be made after the date when institution of legal or equitable proceedings based on such claim, dispute
or other matter in question would be barred by the applicable statute of limitations. Neither demand for mediation
nor any term of this Dispute Resolution clause shall prevent the filing of a legal action where failing to do so may
bar the action because of the applicable statute of limitations. If despite the good faith efforts of OWNER and
MSA any controversy, claim, counterclaim, dispute, or other matter is not resolved through negotiation or
mediation, OWNER and MSA agree and consent that suc h matter may be resolved through legal action in th e
court having jurisdiction as specified in this Agreement.
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23. Exclusion of Special, Indirect, Consequential and Liquidated Damages. MSA shall not be liable, in
contract or tort or otherwise, for any special, indirect, consequential, or liquidated damages including specifically,
but without limitation, loss of profit or revenue, loss of capital, delay damages, loss of goodwill, c laim of third
parties, or similar damages arising out of or connected in any way to the Project or this contract.
24. Limitation of Liability. Neither MSA, its Consultants (if any), nor their employees shall be jointly,
severally, or individually liable to the OWNER in excess of the amount of the insurance proceeds available.
25. Successors and Assigns . The successors, executors, administrators, and legal representatives of
Owner and MSA are hereby bound to the other party to this Agreement and to the successors, executors,
administrators and legal representatives (and said assigns) of such other party, in respect of all covenants,
agreements, and obligations of this Agreement. Neither party may assign, sublet, or transfer any rights under
or interest (including, but without limitation, claims arising out of this Agreement or money that is due or may
become due) in this Agreement without the written consent of the other party, which shall not be unreasonable
withheld, except to the extent that any assignment, subletting, or transfer is mandated by law.
26. Notices . Any notice required under this Agreement will be in writing, and delivered: in person (by
commercial courier or otherwise); by registered or certified mail; or by e-mail to the recipient, with the words
“Formal Notice” or similar in the e-mail’s subject line. All such notices are effective upon the date of receipt.
27. Survival. Subject to applicable Laws and Regulations, all express representations, waivers,
indemnifications, and limitations of liability included in this Agreement will survive its completion or termination
for any reason.
28. Severability . Any provision or part of the Agreement held to be void or unenforceable under any Laws
or Regulations will be deemed stricken, and all remaining provisions will continue to be valid and binding upon
Owner and MSA.
29. No Waiver . A party’s non-enforcement of any provision will not constitute a waiver of that provision,
nor will it affect the enforceability of that provision or of the remainder of this Agreement.
30. State Law. This agreement shall be construed and interpreted in accordance with the laws of the State
in which the project is located.
31. Jurisdiction. OWNER hereby irrevocably submits to the jurisdictio n of the state courts of the State in
which the project is located for the purpose of any suit, action or other proceeding arising out of or based upon
this Agreement. OWNER further consents that the ve nue for any legal proceedings related to this Agree ment
shall be in the County in which the project is located.
32. Understanding. This agreement contains the entire understanding between the parties on the subject
matter hereof and no representations. Inducements, promises or agreements not embodied herein (unless
agreed in writing duly executed) shall be of any fo rce or effect, and this agreement supersedes any ot her prior
understanding entered into between the parties on the subject matter hereto.
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(Attachment A: Scope of Services)
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ATTACHMENT A:
SCOPE OF SERVICES
PROJECT UNDERSTANDING IS:
See the exhibit below for an illustration of the proposed project area.
The "Project" involves the extension of public utilities (sanitary, water, & storm sewer)
and street improvements along Fraser Lane as shown in the exhibit above. The project
includes extending sanitary and water main from the intersection of Fraser Lane &
Seymour Street to the southern end of the project limits. The project includes extending
storm sewer to the middle of the project area and installing an area drain to the west
side of the street. The project also includes extending street improvements (pavement,
curb, and sidewalk) from the intersection of Fraser Lane & Seymour Street to the
southern end of the project limits.
MSA proposes to provide the following scope of serv ices. When OWNER or CITY is
mentioned herein it should be construed to mean the CITY OF WAUPUN, WI, including
WAUPUN UTILITIES. When ENGINEER is mentioned herei n it should be construed to
mean MSA PROFESSIONAL SERVICES, INC. performing in the role of project
representative for the Owner.
PROJECT
AREA
Page 8 of 14
(Attachment A: Scope of Services)
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The Owner shall furnish any available pertinent project information for use by MSA. This
may include reports, investigations, property descriptions, land use restrictions,
development agreements, permits/approvals, easements, data from previous designs,
concept maps, wetland delineations, architectural building plans, and any other
information relative to the design and construction of the proposed improvements.
THE SCOPE OF THE WORK AUTHORIZED IS:
1. LIMITED TOPOGRAPHIC DATA COLLECTION & BASE MAPPING
MSA shall provide limited topographic data collection of the project site to
prepare a base map of existing conditions within the immediate area of the
project limits (generally within 25 feet), which will be used for all additional work.
The proposed survey work includes the following basic services:
a. Location of existing right-of-way survey markers , if visible and readily
observable.
b. Location, elevation, size, and type (as applicab le) of existing public utility
structures and piping systems (culverts, manholes, inlets, water
valves/hydrants, storm sewer, sanitary sewer, and w ater main) as readily
observable or as marked by contacting Digger’s Hotline. MSA will not be liable
for issues resulting from mapping utilities that ar e not members of Digger’s
Hotline or from utilities that are incorrectly marked or not completely marked by
the Digger’s Hotline representative(s).
c. Location of any private utility facilities withi n or adjacent to the project site
(electric, telephone, natural gas, cable TV, fiber optic) as marked by contacting
Digger’s Hotline. MSA will not be liable for issue s resulting from mapping
utilities that are not members of Digger’s Hotline or from utilities that are
incorrectly marked or not completely marked by the Digger’s Hotline
representative(s).
d. Location of other pertinent features such as: trees, fences, walls, poles, surface
structures, driveways, and other related features as readily observable.
A base map of these existing conditions shall be prepared and shall include
ground contours at a 1-foot interval across the project site as well as other
pertinent features as described above. The base map of existing conditions shall
be used for the subsequent design work.
2. ENGINEERING PLAN PREPARATION
MSA shall prepare engineering plans for the proposed utility and street
reconstruction improvements. Using the topographic data of the existing site
conditions and City staff input, engineering plan sheets depicting the following
shall be prepared:
Page 9 of 14
(Attachment A: Scope of Services)
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i. Existing Site Conditions & Erosion Control Plan depicting existing site
conditions and proposed erosion control measures re quired by the
applicable approval agencies.
ii. Utility Plan & Profile depicting location, size , and elevation of the
proposed public sanitary sewer, water, and storm sewer utilities that will
be reconstructed within the project area. Layout a nd design of other
utilities (electric, gas, telephone, street lighting, etc.) are assumed to be
performed by others and are not included in this contract.
iii. Street Plan & Profile depicting location, size , and elevation of proposed
street improvements, including a typical cross-section. It shall also show
basic (grass lawn) site restoration details. If sp ecific landscaping
plantings and a detailed landscaping plan are requi red as a part of
regulatory approvals, the details of this work effo rt shall be provided by
others or provided by MSA as additional services.
iv. Construction Details Plan depicting various det ails for construction
clarification purposes and street cross-section sheets.
MSA shall submit a copy of the preliminary engineer ing plans (in PDF format) to
the City for their review and comments. MSA shall attend one meeting with the
City staff to review the preliminary plans, discuss any site construction constraints,
review any applicable design requirements, and discuss staff comments/concerns.
MSA shall finalize the plans based upon the compreh ensive comments received.
The City shall provide MSA with fire flow data for the existing water system
surrounding the project area. MSA shall also coord inate the final design with
affected private utilities (electric, telephone, na tural gas, and cable television) as
applicable. It is assumed that the project disturbance will remain under 1-acre (no
WisDNR WRAPP permit) and that the impervious area o f the new street will be
directed to the existing City regional storm water pond (no storm water
management plan).
Deliverables: One electronic (PDF format) version of the preliminary plan set.
One electronic (PDF format) version of the final plan set.
3. PROJECT SPECIFICATIONS
MSA shall prepare project specifications to local requirements and reference the
current State of Wisconsin Specifications for Sewer and Water Main Construction
as well as the State of Wisconsin Specifications for Highway and Structure
Construction. The specifications shall also include work items and estimated
quantities for the site improvements, which shall be used for bidding purposes.
Deliverables: One electronic (PDF format) version of the project specifications.
Page 10 of 14
(Attachment A: Scope of Services)
G:\00\00212\00212178\Proposal\00212178 PSA.docx
4. PROJECT PERMITTING
MSA proposes to complete the following permitting related services that are
anticipated for this project.
a. Submit permit applications on behalf of the Owne r to the applicable review
agencies. Anticipated permits are as follows:
i. WDNR public sanitary sewer extension permit.
ii. WDNR public water extension permit.
All permit and review fees shall be the responsibility of the client and are not
included in the fees shown herein. MSA will request a check from the client for
the fee amount when it has been determined prior to submittal. Any other permits
not specifically listed as included within this contract are assumed to be by others
or can be performed by MSA as an extra to this contract.
Deliverables: Permit applications filled out on behalf of the Owner for the permits
listed above.
5. BIDDING RELATED SERVICES
Assist the Owner during the bidding process as fol lows.
a. Prepare an advertisement for bid and provide to Owner for publication in official
newspaper.
b. Assist Owner in advertising for and obtaining bi ds or proposals for the Work
and, where applicable, maintain a record of prospec tive bidders to whom
Bidding Documents have been issued, attend pre-bid conferences, if any, and
receive and process contractor deposits or charges for the bidding documents.
c. Coordinate the distribution of the bid documents to perspective bidders,
subcontractors and suppliers.
d. Answer bidder’s questions and issue addenda as appropriate to clarify, correct,
or change the bidding documents.
e. Conduct a public online bid opening, compile the bid results and make a
recommendation for the award of the construction contract to the Owner.
f. Assist the Owner with the preparation and execut ion of a construction contract
(including performance bonds, payment bonds, and insurance certificates).
Deliverables: One electronic (PDF format) version of the ad for bid.
One electronic (PDF format) version of the bid sum mary and the
recommendation for award of the construction contract.
6. CONSTRUCTION ADMINISTRATION SERVICES
Provide construction administration services as directed by the City staff, which
may include (but is not limited to) the following:
Page 11 of 14
(Attachment A: Scope of Services)
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a. Conduct a preconstruction conference with the co ntractor(s), representatives
of the Owner, resident field engineer, project mana ger, and other affected
service utilities as applicable. (assume one 1-hour meeting)
b. Review and approve shop drawings and submittals as applicable.
c. Confer with the Owner in preparing, administering and accepting change orders
and field modifications. (assume 1 change order)
d. Review the contractor’s periodic payment request s and make a
recommendation to the Owner for payment. (assume 4 pay requests)
e. Assist the Owner with the construction contract closeout documentation.
f. Prepare construction record drawings of the comp leted utility improvements
(sanitary sewer, water, and/or storm sewer).
7. CONSTRUCTION STAKING SERVICES
Provide construction staking for alignment and grade for the proposed site
improvements as directed by the City staff on a time and expense basis.
Assume staking for sanitary sewer utility work, water utility work, storm sewer
utility work, and street curb & gutter only. Additional staking required because of
lost or damaged stakes during construction or staking in addition to what is
described above can be provided as an additional cost. Staking will require a 72-
hour prior notice.
8. CONSTRUCTION OBSERVATION SERVICES
Provide the services of a Resident Project Represen tative (RPR) to observe the
activities of the construction contractor, provide quality assurance testing, etc. as
directed by the City staff on a time and expense ba sis. Services may include; but
are not limited to, travel time to/from the site, o nsite observation time,
documentation, record keeping, and reimbursable expenses. Also conduct a final
site visit with the City staff and the Contractor. Prepare a punch list of items to be
corrected and/or completed. Provide a follow-up ch eck to see that all punch list
items are successfully completed.
ASSUMPTIONS & CONDITIONS OF SERVICE :
1. MSA is not responsible for the timeliness or out come of agency reviews or
approvals.
2. Fees charged by agencies for plan review, inspec tion, or other purposes are the
sole responsibility of the client including fees for bid advertisement and public
notices, if required.
3. Payment is expected in accordance with the "Pric es and Terms of Payment"
section of our standard contract. In addition to the provisions set forth therein,
MSA Professional Services, Inc. reserves the right to stop work any time after
balances are more than 30 days past due and all other efforts are exhausted to
resolve any conflicts or disputes.
4. If work is requested of MSA that is not included in the Scope of Services herein,
Page 12 of 14
(Attachment A: Scope of Services)
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or is a change to work in progress, MSA shall notif y the Owner of the change in
scope and the Owner shall provide written (letter, email, contract amendment, etc.)
authorization to proceed prior to starting the work.
5. All work will be done in accordance with the ter ms and conditions set forth in the
contract. Items not specifically mentioned in the scope of services are not a part
of this contract.
6. Additional meetings not mentioned in the enclose d scope of services will be
attended by MSA staff when requested by the client on a time and expense basis
as additional work.
7. It is assumed that MSA will not be involved in acquisition of any additional property
from adjacent land owners and that the project area does not impact any wetlands,
floodplains, environmentally sensitive areas, conta minated soils, hazardous
materials, endangered species habitat, cultural/his torical sensitive areas, or
involve high bedrock, and/or groundwater issues unl ess specifically indicated in
the scope of work. If additional investigation int o any of these items or if testing
performed by a sub-consultant is required, it shall be provided by others or
provided by MSA as additional services.
8. MSA assumes no liability for the project’s compl iance with local zoning, land use,
and shoreland ordinances.
9. This proposal assumes that the layout and locati on of the improvements will be
adhered to throughout the project once provided (or approved) by the Owner and
that no major changes will be made during the course of the work. If changes are
made, MSA will provide the client with an estimated fee for inclusion of the changes
into the plans and will require the client’s authorization of the additional fee prior to
making any change.
10. Other design services (storm water management p onds, earthwork calculations,
retaining walls, site lighting, cross-section sheet s, etc.) not specifically mentioned
in this proposal or any offsite design will be comp leted by others or by MSA as
additional services.
11. This scope of service is premised upon one prime contract for the construction. If
more than one prime contract is awarded, or the wor k phased or segmented
somehow, MSA shall be entitled to an equitable increase in compensation.
FEE SCHEDULE SUMMARY:
1. Topographic Survey & Base Mapping $ 1,670
2. Engineering Plan Preparation $ 8,950
3. Project Specifications $ 3,310
4. Project Permitting $ 2,190
5. Bidding Related Services $ 2,860
6. Construction Administration Services As Dir ected By The City
7. Construction Staking Services As Directed By The City
8. Construction Observation Services As Directed By The City
================================================== ================
SUBTOTAL $ 18,980 (Per Diem)
Page 13 of 14
(Attachment A: Scope of Services)
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The retainer amount required is: None
SCHEDULE TO PERFORM THE WORK:
Once authorization to proceed is provided by a signed agreement, MSA can begin work
related to this project immediately. The preliminary plans are anticipated to be
completed and ready for review by the Owner within approx. 3-4 weeks. After
preliminary review comments are received from the City staff, MSA can proceed with
the final design phase. The final plans and project specifications are anticipated to be
complete and ready for permit submittals and bidding within approximately 2-3 weeks.
Construction of the project is anticipated during the fall of 2026.
Page 14 of 14
(Attachment B: Rate Schedule)
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ATTACHMENT B:
RATE SCHEDULE
Administrative ....................................................................................... ..... $ 90 – $160/hr.
Architects ........................................................................................... ........ $ 90 – $208/hr.
Community Development Specialists ......................................................... $144 – $208/hr.
Digital Design ....................................................................................... ...... $121 – $159/hr.
Environmental Scientists/Geologists .......................................................... $116 – $203/hr.
Geographic Information Systems (GIS) ...................................................... $105 – $203/hr.
Housing Administration .............................................................................. $ 97 – $198/hr.
Inspectors/Zoning Administrators ............................................................... $115 – $160/hr.
IT Support ........................................................................................... ....... $184 – $203/hr.
Land Surveying ....................................................................................... ... $ 90 – $208/hr.
Landscape Designers & Architects ............................................................. $ 90 – $231/hr.
Planners........................................... ................................................... ....... $ 90 – $226/hr.
Principals ........................................................................................... ........ $230 – $330/hr.
Professional Engineers/Designers of Engineering Systems ....................... $163 – $214/hr.
Project Managers ..................................................................................... .. $126 – $259/hr.
Real Estate Professionals .......................................................................... $147 – $203/hr.
Staff Engineers ...................................................................................... .... $ 90 – $157/hr.
Technicians .......................................................................................... ...... $105 – $159/hr.
Utility Treatment Operators ........................................................................ $ 90 – $190/hr.
Labor rates represent an average or range for a particular job classification. These rates are in effect until December 31, 2026.
REIMBURSABLE EXPENSES (effective April 19, 2026)
Building Inspection Permit Management ................................ $25/permit
Copies/Prints ................................................................. Rate based on volume
Specs/Reports ............................................................... $10
Copies ........................................................................... $0.20/page | $0.13/page for DOT
Plots .............................................................................. $0.01/sq.in.
Flash Drive .................................................................... $10
Dini Laser Level ..................................................................... $85/per day | $85/day for DOT
Drone Flight ........................................................................... $375/flight | $250/flight for DOT
Geodimeter ............................................................................ $30/hour
GPS Equipment ..................................................................... $20/hour | $18/hour for DOT
GPS R2 Equipment ............................................................... $20/hour | $18/hour for DOT
Mailing/UPS ........................................................................... At cost
Mileage – Reimbursement ..................................................... IRS Rate – IRS Rate + $5/day
Mileage – MSA Vehicle .......................................................... $0.77/mile | $0.77/mile for DOT
Nuclear Density Testing ......................................................... $45/day | $45/day for DOT
Organic Vapor Field Meter ..................................................... $100/day
PC/CADD Machine ................................................................ Included in labor rates
Robotic Survey Equipment ..................................................... $20/hour | $14/hour for DOT
Stakes/Lath/Rods ................................................................... At cost
Travel Expenses, Lodging, & Meals ....................................... At cost
Traffic Counting Equipment & Data Processing ...................... At cost
Expense rates represent an average or range for a particular category and are subject to change to match incurred cost in real time.
AGENDA SUMMARY SHEET
MEETING DATE: 5/12/26 TITLE: Repair of Windows on Heritage Museum
AGENDA SECTION: CONSIDERATION-ACTION
PRESENTER: Jeff Daane, Public Works Director
DEPARTMENT GOAL(S) SUPPORTED (if applicable) FISCAL IMPACT
Infrastructure $10,777.20
ISSUE SUMMARY:
The Carnegie Foundation donated $10K to the Library in honor of our Carnegie building and in celebration of
America’s 250th anniversary. The Library board is dedicating $9K of that contribution to the City for the purpose
of maintaining the Carnegie building. Staff is recommending that we complete the full repair of the leaded
windows, estimated at $10,777. We have annually been doing a few but the person who does this work is retiring
and it is growing increasingly difficult to find a tradesman with this skill.
STAFF RECOMMENDATION:
Recommend to City council
ATTACHMENTS:
Window estimate
RECOMMENDED MOTION:
Motion to recommend the repair of the leaded windows at the Carnegie Building in the amount of $10,777.20
to city council. It is understood that the library has contributed $9,000 from a Carnegie gift to support this work
with $1,777.20 coming from the capital fund.
AGENDA SUMMARY SHEET
MEETING DATE: 5/12/26 TITLE: Stop sign at Elm Ave. and Grace St.
AGENDA SECTION: CONSIDERATION-ACTION
PRESENTER: Jeff Daane, Public Works Director
DEPARTMENT GOAL(S) SUPPORTED (if applicable) FISCAL IMPACT
Infrastructure N/A
ISSUE SUMMARY:
The stop sign at this intersection has been discussed in the past. Traffic from Fox Lake Rd. often uses this as a short cut
over to Beaver Dam St. A couple years back we added a couple of stop sign ahead signs. The alderman has received another
complaint from a neighbor that states each day a few vehicles go right through the intersection. As with all requests , we
checked the crash history at the intersection to try and make an informed decision and in the past 3 years there have not
been any crashes reported.
The discussion has been possibly an LED flashing stop sign at each direction. Rough costs on that without installation are
about $3,500. A couple different cost effective options are attached as well.
STAFF RECOMMENDATION:
ATTACHMENTS:
Sign Costs
Spin Alert Costs
Red Flashing Light Costs
RECOMMENDED MOTION:
0
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AGENDA SUMMARY SHEET
MEETING DATE: 5/12/26 TITLE: City Hall Deficiency/Improvement capital needs
AGENDA SECTION: CONSIDERATION-ACTION
PRESENTER: Jeff Daane, Public Works Director
DEPARTMENT GOAL(S) SUPPORTED (if applicable) FISCAL IMPACT
Facilities
ISSUE SUMMARY:
We have been working through as many of the facility’s needs as we can over the past years. We have really been focusing
on city hall needs over the past few months. The overall cost of doing the complete list of repairs was around 5 million
dollars.
I have narrowed to the list below as critical needs and on those projects really tried to nail down good cost estimates. We
believe the list below hits most of the short-term building needs and should be considered in the next few years.
Add ADA accessible ramp and parking stall on the west side of the building $35,000
Sidewalk repairs $5,460
Carpet replacement $30,000
Replace stairs on east and west exterior of building $130,000 (do not have updated number yet)
North stairs repair $25,000 (do not have updated number yet)
Landscape in front and around monument $25,860
Exterior tuck pointing $400,000
Repair south exterior wall stucco $22,500
Update (2) restrooms for accessibility $50,000
Update council chamber furnishings and electrical/technology needs $114,240 (do not have updated number yet)
City hall boiler replacement $220,000
Auditorium Cooling $53,450
Generator $85,000
Design and bidding documents $150,000
Total costs $1,346,510
STAFF RECOMMENDATION:
Work these into the capital plan over the next couple years
ATTACHMENTS:
Copy of City Hall spreadsheet
RECOMMENDED MOTION:
Motion to recommend to city council to work on the list of short-term needs at city hall.
0 50 100 150 200 250 300
Building Maintenance
Equipment / Vehicle Maintenance
Events
Garbage/Recycling/Bulk Pickup
Mowing
Park Maintenance
Signs
Storm Damage
Storm Sewer
Street Maintenance
Training
Trees
Yard Waste
Work Orders
Employee Hours # of Work Orders
April 2026
$0.00
$2,000.00
$4,000.00
$6,000.00
$8,000.00
$10,000.00
$12,000.00
$14,000.00
$16,000.00
$18,000.00
$20,000.00
Cost
Employee Cost Equipment Cost Material Cost PO Cost
April 2026
Source: City of Waupun website. First collected Oct 14, 2026.