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Public Works Committee Packet 5-16-11 Page 1 of 1 CITY OF MUSKEGO PUBLIC WORKS COMMITTEE AGENDA DATE: May 16, 2011 TIME: 6:00 P.M. LOCATION: Aldermen’s Room – Upper Level of City Hall W182 S8200 Racine Avenue Muskego, WI 53150 CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL STATEMENT OF PUBLIC NOTICE APPROVAL OF MINUTES OF MEETING HELD April 25, 2011 STATUS OF PROJECTS Discussion update. No formal action may be taken on any of the following: 1. Janesville Road Reconstruction (Moorland to Racine) 2. Durham Drive Reconstruction & Sanitary Sewer Project 3. McShane Pump Station Upgrade 4. Ryan Road Sanitary Sewer Relay 5. Storm Water Studies (Luehring Drive, Circle Drive, & Catalina Drive) 6. PPII Reduction & Sanitary Sewer Backup Prevention Programs UNFINISHED BUSINESS Discussion update and possible action may be taken on any or all of the following: NEW BUSINESS Discussion update and possible action may be taken on any or all the following: 1. Discuss mandatory connection to sanitary sewer under 21.05(2)(a) of the City’s Municipal Code as it relates to S90 W13322 Boxhorn Drive. (Alderman Fiedler) 2. Recommendation of purchase of Public Utilities Chevrolet Colorado Pickup Truck (Public Utilities Superintendent) 3. Recommendation of approval of engineering design services contract for Utility Relocations required by the reconstruction of Janesville Road. (City Engineer) NEW BUSINESS PLACED ON FILE (The following items have been placed on file for staff review. Upon completion of review, staff will submit a supplement detailing options and possible course of action to committee members.) COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW ADJOURNMENT PLEASE NOTE: It is possible that members of and possibly a quorum of members of other governmental bodies of the municipality may be in attendance at the above-stated meeting to gather information; no action will be taken by any governmental body at the above-stated meeting other than the governmental body specifically referred to above in this notice. Also, upon reasonable notice, efforts will be made to accommodate the needs of disabled individuals through appropriate aids and services. For additional information or to request this service, contact Muskego City Hall, (262) 679 -4100. CITY OF MUSKEGO unapproved PUBLIC WORKS COMMITTEE MINUTES OF MEETING HELD MONDAY, APRIL 25, 2011 Alderwoman Tracy Snead called the meeting to order at 6:00 PM. Also present were Aldermen Neil Borgman and Kert Harenda, City Engineer David Simpson, and Public Works Superintendent Wayne Delikat. Alderman Noah Fiedler and Public Utilities Superintendent Scott Kloskowski were absent. Ald. Snead led those present in the Pledge of Allegiance. The meeting was noticed in accordance with the Open Meeting Law on April 21, 2011. APPROVAL OF MINUTES OF MARCH 28, 2011 Ald. Harenda moved to approve the minutes of March 28, 2011. Seconded by Ald. Borgman. Motion carried 3-0. STAFF REPORTS None STATUS OF PROJECTS Janesville Road Reconstruction (Moorland to Racine) – City Engineer Simpson stated nothing new. Durham Drive Reconstruction & Sanitary Sewer Project – City Engineer Simpson advised project moving along nicely. Road is closed officially as of today. No complaints today so advanced warning signs must have helped. McShane Pump Station Upgrade – Start up for the bypass pump should be at 2:00 PM this Thursday which is within their timeframe of April 30 per City Engineer Simpson. Ryan Road Sanitary Sewer Relay – City Engineer Simpson stated they were to pave patch today and they were 99% complete. Storm Water Studies (Luehring Drive, Circle Drive, and Catalina Drive) – City Engineer Simpson advised Circle Drive is pending MMSD - moving forward with that. Catalina Drive – City Engineer met with GRAEF about 2 weeks ago and they are progressing well with the design. It should be done this year. Luehring Drive is progressing well. He had about 10 temporary easements to get and he has 5 of them signed. Residents expressed interest in doing project later in the summer. PPII Reduction & Sanitary Sewer Backup Prevention Programs – City Engineer Simpson stated for PPII Reduction that he had a work plan for Brown and Caldwell he would bring to next committee, and Sanitary Sewer we will talk about later in New Business. UNFINISHED BUSINESS None NEW BUSINESS 2 Review application by Kathleen Grande of S68 W17929 Island Drive for exception to 16.20 of the City’s Municipal Code (Discharge of Clear Water Sump Pumps – Motion was made by Ald. Borgman to approve City Engineer’s recommendation. Ald. Harenda seconded. City Engineer Simpson stated resident Kathleen Grande requested an exception to 16.20 of the City’s Municipal Code (discharging to the front of the building) and feels the request is reasonable. She is asking for a variance to discharge out the side of her home. The street does not have curb and gutter or a ditch section, therefore, there is nowhere for the discharge to go than the side or rear of the yard. Should the City ever provide a ditch or storm sewer in the front of the home, the owner should be required to redirect the sump discharge at that time. Motion carried 3-0. Review application by David Koscieiniak on behalf of residents of @ W 197 S8432 Bendingbrae Drive for exception of 16.20 of the City’s Municipal Code (Discharge of Clear Water Sump Pumps) – Motion was made by Ald. Borgman to approve City Engineer’s recommendation. Seconded by Ald. Harenda. City Engineer Simpson advised a request by David Koscieiniak on behalf of residents of W194 S8432 Bendingbrae Drive for exception to 16.20 of the City’s Municipal Code (discharge of clear water sump pumps). He requested approval to install a by-pass valve that will allow the sump pump to discharge to grade at the front of their house and sheet drain storm water to the street. This by-pass valve will only be engaged during excessively heavy rainfall events. City Engineer feels the request is reasonable and recommend this approach to any resident who has experienced problems during large storm events. Motion carried 3-0. Review proposals for load rating calculations for Woods Road Bridge over Muskego Creek – Motion was made by Ald. Borgman to approve City Engineer’s recommendation. Ald. Harenda seconded. City Engineer Simpson advised that during the course of the routine bridge inspections, there was some deterioration that concerned the bridge inspector at the time. Since that time City Engineer has met with and/or spoken with multiple consultants and Waukesha County’s Senior Civil Engineer who manages their bridges. In looking at the condition of the bridge and the type of construction used, it was determined that there is no “one good” solution that exists when considering repairing/replacing the bridge. City Engineer feels the best option would be complete quarterly monitoring of the bridges superstructure within house staff and yearly inspection by a registered bridge inspector. Seal as much of the deck as possible and load rate the bridge. After completing the load rating apply for federal assistance with funding a full bridge or superstructure replacement. This would be a 20% local match grant. This will also most likely allow us to wait until 2014 so that the closure of Woods Road will not run concurrent with the construction of Janesville Road. Motion carried 3-0. Review Sanitary Sewer Back Up Prevention Policy Document – City Engineer Simpson stated a revised Sanitary Sewer Back Up Prevention Policy and Grant Program was done based on some suggestions made by Brown and Caldwell that we hired to help us with the drafting of this policy and the execution of the program. Some of the language added was suggested or asked for by our City Attorney. The “Purpose” section we didn’t have before. Some of the “Eligibility” was cleared up. “Process” we added dollar amount. City Engineer is looking for a recommendation to move forward with this, should go to Finance. Ald. Harenda made a motion to recommend to move forward to the next level for approval process. Ald. Borgman seconded. Motion carried 3-0. Recommendation of purchase of Department of Public Works Pickup Truck – Public Works Superintendent Delikat stated he needed a recommendation for a Capital Budget Item to replace a truck used for many years. Motion was made by Ald. Harenda to approve Public 3 Works Superintendent Delikat’s recommendation. Ald. Borgman seconded. Motion carried 3-0. NEW BUSINESS PLACED ON FILE None. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW None. ADJOURNMENT Ald. Borgman moved to adjourn the meeting at 6:42 PM. Ald. Harenda seconded. Motion carried 3-0. Jeanne Struck Recording Secretary NB-#1 CITY OF MUSKEGO Staff Report to Public Works Committee To: Public Works Committee From: Engineering Department, David Simpson, P.E., City Engineer Subject: Discuss mandatory connection to sanitary sewer under 21.05(2)(a) of the City’s Municipal Code as it relates to S90 W13322 Boxhorn Drive Date: May 12, 2011 The residents of S90 W13322 Boxhorn Drive have expressed concern regarding the impending requirement that they will have to connect to public sewer within nine months of said public sewer becoming available for use. A land division across the street from this home has caused a low pressure force main to be installed which will be publicly dedicated in the near future. This dedication will trigger the nine month window for connection to the public sewer for this home. The home owners are requesting that they not have to connect their home to the new sewer. However, the current code (see attached) does not allow for any variation from the required connection. The home is currently served by a private treatment system. The home was constructed in 1968 and the County has no record of a private treatment permit on file which means the current system was installed prior to 1979. The residents will not have to pay a front foot assessment as the cost of this work was paid for by the developer. However, the owners will have to pay the RCA (currently $790.00) and a connection fee of $500.00 in addition to the costs to have a plumber connect their home. The current code exists in order to protect public health by reducing the chance of contamination of ground water or surface waters. This is further defined in 21.05. Recommendation for Action: No change to the existing municipal code. 6 (37) "Waste" shall mean any solids, liquid or gaseous material or combination thereof discharged from any residences, business building, institutions and industrial establishments into the collection system or storm sewer. (38) "Wastewater" shall mean a combination of the water-carried waste discharges into the collection system from residences, business buildings, institutions and industrial establishments, together with such ground surface and storm water as may be present. (39) "Wastewater Pumping Station" shall mean a pumping facility utilized to pump wastewater within the collection system. (40) "Wastewater Treatment Facilities" shall mean any facilities, devices and structures used for receiving and treating wastewater from the Utility collection system. (41) "WPDES Permit" shall mean a permit to discharge pollutants obtained under the Wisconsin Pollutant Discharge Elimination System (WPDES) pursuant to Chapter 147 of the State of Wisconsin Statutes. 21.05 RULES AND REGULATIONS. (1) DECLARATION OF POLICY. The Common Council of the City of Muskego finds and declares that the public health, comfort and safety is preserved and enhanced by the provisions of the Sewerage System in the promotion of a clean and healthful environment and that the failure to connect to the Sewerage System is contrary to minimum health standards. (2) CONNECTIONS. (a) To assure preservation of public health, comfort and safety, the owner of any houses, buildings or properties used for human occupancy, employment, recreation, or other habitations, situated within the City and adjacent to a Public Sewer or in a block through which a Public Sewer extends, is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper Public Sewer in accordance with the provisions of this Ordinance, within nine (9) months after the Public Sewer first becomes operational or if an immediate health hazard exists within 30 days upon receipt of notice from the Health Officer or City Building Inspector. (b) Prior to any person or entity applying for a sanitary permit to allow for a private sewerage system, all such persons or entities making such application shall apply for a determination from the City that public sewer is not available. Upon determination of sewer being unavailable, application for permit will be allowed. (Ord. #1049 – 12/07/00) (c) If a person fails to comply with the said notice to connect within the given period of time the City may, at its option: 1. Cause such connection to be made and bill the property owner for such costs. If such costs are not paid within 30 days, such costs shall be assessed as a special tax lien against the property, unless the owner within 30 days after the completion of the work, files a written option with the City Clerk/Treasurer stating that he cannot pay such amount in one PDF created with pdfFactory trial version www.pdffactory.com 7 sum and asking that it be levied in not to exceed 5 equal annual installments, and the amount shall be so collected with interest at the rate of 9% per annum from the completion of the work, the unpaid balance to be a special tax lien; or 2. Impose a standby charge for the period that such failure continues after 10 days written notice to any owner failing to make a connection to the Sewerage System of an amount equal to 100% of the total charges calculated pursuant to §21.06(2) and §21.06(3), payable monthly for the period in which the failure to connect continues, and upon failure to make such a payment, said charge shall be levied as a tax against the lot or parcel to which sewer service was furnished. (3) ALTERNATIVE DISPOSAL PROHIBITED. (a) No person shall construct or maintain any privy vault, septic tank, cesspool or other facility intended to be used for the disposal of domestic wastewater, if a Public Sewer is available. (b) No person shall discharge to any Natural Outlet within the City or in any area under the jurisdiction of the City, wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this Ordinance. (4) PLUMBERS. No plumber, pipe fitter, or other persons will be permitted to do any plumbing or pipe fitting work in connection with the Sewerage System without first receiving a license from the State of Wisconsin. If the work is performed by or under the direction of the City, and is on property subject to easement for highway or street purposes or public service right-of-way, this requirement is not applicable. (5) MAINTENANCE OF SERVICES All sewer services within the limits of the City from the street main to the property line and including all controls between the same, shall be maintained and repaired without expense to the property owner except when they are damaged as a result of negligence or carelessness on the part of the property owner in which case they will be repaired at the expense of the property owner. All building sewers and all facilities throughout the premises served must be maintained free of defective conditions, by and at the expense of the owner or occupant of the property served. If any repairs are made by the City, the City will issue a statement for the expenses of the repairs to the property owner who shall pay said statement within 30 days of receipt. Failure to pay shall result in the charges being placed on the tax roll as a special charge under 66.60(16). (6) USERS. (a) Application for Service. Every person requesting connection to the Sewerage System shall file an application in writing to the Utility, in such form as is prescribed for that purpose. Blanks for such applications will be furnished at the office of the City Clerk/Treasurer. The application must state fully and truly all the use that will be presently made. If any change in use from that set forth in this application is contemplated, the user must obtain further application and PDF created with pdfFactory trial version www.pdffactory.com B O X H O R N D R 1 INCH = 2 39 FEET014028042056070070Feet MapMuskegoMapMuskego ² NB-#3 CITY OF MUSKEGO Staff Report to Public Works Committee To: Public Works Committee From: Engineering Department, David Simpson, P.E., City Engineer Subject: Engineering design services contract for Utility Relocations required by the reconstruction of Janesville Road Date: May 12, 2011 As part of the Janesville Road Reconstruction Project, all utilities located within the right-of-way must be relocated, where needed, at the expense of each Utility. The City has both sanitary sewer and water within the Janesville Road Reconstruction Project limits. I have been working with the County and the design engineer for Janesville Road to establish a scope and cost to complete all the necessary survey and design work for our utilities. The attached proposal from Ayres Associates will provide for the necessary work to be completed for a cost of $16,500.00. Recommendation for Action: Approve proposal from Ayres Associates for a lump sum fee of $16,500.00 File: z:\marketing\2011\muskego work - cth l\muskego util relocates & adjust_71150-combined.doc One Riverwood Place ● N17 W24222 Riverwood Drive ● Suite 310 ● Waukesha, WI 53188 ● 800.959.4489 ● www.AyresAssociates.com May 3rd, 2011 Mr. David Simpson, PE City of Muskego W182 S8200 Racine Avenue PO Box 749 Muskego, WI 53150-0749 Re: CTH L (CTH Y/Racine Avenue to CTH O/Moorland Road) City of Muskego Utility Relocates and/or Adjustments Dear Mr. Simpson: Thank you for the opportunity to submit this proposal for professional services for the City of Muskego Utility Relocates & Adjustments necessary for the reconstruction of CTH L/Janesville Road from CTH Y/Racine Avenue to CTH O/Moorland Road. This letter presents our proposed scope of services, time schedule, fee, and contract terms and conditions. Project Description Ayres Associates is working under contract with the Waukesha County Highway Department on the CTH L/Janesville Road 2.5-mile Reconstruction Project from CTH Y/Racine Avenue to CTH O/Moorland Road, County Project ID 06-2380(13) and State Project ID 2380-00-73. CTH L/Janesville Road will be widened to provide two (2) driving lanes in each direction with a raised median. All the side road intersections will be brought up to current standards. An urban typical section with storm sewer will be used on all portions of the roadway. Waukesha County is acquiring right-of-way to 60-ft from the roadway centerline with additional grading easements as necessary. Items such as street lighting, sidewalks, and streetscaping will be incorporated in the project design in coordination with the City of Muskego and their subconsultant. In addition to the items the City of Muskego is incorporating into the project as listed above, the City has asked Ayres Associates to provide services for the city owned utility relocations and adjustments that will be needed as a result of the CTH L/Janesville Road reconstruction. The City owned utilities that will need to be adjusted and relocated include sanitary sewer manholes, water main valves, water main manholes, fire hydrants, and water service curb stops. Separate plan sheets will be developed detailing the City owned utility relocation and adjustment work and included in roadway plan set for the project. This work will be locally funded and designated as such using separate group codes in the miscellaneous quantities. Special provisions will be written and construction details will be included for each separate utility relocation and adjustment bid item. It is not anticipated that any sanitary sewer (main or lateral) replacement will occur at this time. The City of Muskego is planning on televising the sanitary sewer main to determine any deficiencies (main and/or lateral). If replacement of main or lateral is needed, Ayres Associates can provide and detail the work on the plans sheets as an additional service. The level of effort will be based on the lineal footage of main and/or lateral to be replaced. Likewise, no water Mr. David Simpson, PE May 3rd, 2011 Page 2 main is expected to be replaced at this time. Water main replacement can also be provided as an additional service. Lastly, the project has recently been broken up into two (2) phases. Phase I will be from Lannon Drive to CTH O/Moorland Road. Phase II will be from CTH Y/Racine Avenue to Lannon Drive. Additionally, Phase I will be constructed with Waukesha County funding while Phase II will be constructed with Federal funding. Scope of Services 1. Develop 22-plan view sheets showing the City owned utility relocation and adjustment work within the CTH L/Janesville Road reconstruction area. 2. Develop necessary construction details for each bid item associated with the utility relocation and adjustment work. 3. Write special provisions. 4. Complete miscellaneous quantities for the work. A separate group code will be associated with this work so as to denote the work being locally funded. 5. Make necessary revisions at the 90% review phase. 6. Make necessary revisions at the 100% PS&E phase. 7. Analyze water main for adjustments. 8. Analyze water main as it relates to the proposed storm sewer. Identify conflicts (if any) and provide a vertical offset detail for each conflict. 9. Analyze hydrants for adjustments. 10. Locate all curb stops and water service locations that need to be extended or relocated as part of this project (surveyed previously). Responsibilities of Owner (City of Muskego) 1. Televise the sanitary sewer main and recommend to Ayres Associates the replacement of any deficient mains and/or laterals. 2. Provide necessary manhole invert depths (if needed by Ayres Associates). 3. Provide As-Built drawings for the sanitary sewer and water main along the project corridor. Additional Services 1. Measuring down any structures (sanitary sewer) to obtain invert elevation data (only needed if the sanitary sewer is to be re-layed). 2. Detailing sanitary sewer main and/or lateral replacement on the plans (i.e. additional profile work). The amount of additional service will depend on the lineal footage of replacement needed. 3. Detailing water main replacement on the plans (i.e. additional profile work). The amount of additional service will depend on the lineal footage of replacement needed. Time Schedule This work will follow the same schedule as the CTH L project schedule as established by Waukesha County Public Works Department and DAAR Engineering. Mr. David Simpson, PE May 3rd, 2011 Page 3 Phase I = Waukesha County Funding Phase II = Federal Funding Final Road Plans – Phase 1 July 1st, 2011 Final P.S. & E. – Phase 1 November 1st, 2011 Final Road Plans – Phase 2 July 1st, 2012 Final P.S. & E. – Phase 2 November 1st, 2012 Fee We will perform the above services for a lump sum amount of $16,500. Contract Terms and Conditions Attached are "Contract Terms and Conditions" which will apply to the services and which are incorporated into this proposal by reference. Acceptance If this proposal and terms and conditions are acceptable to you, a signature on the enclosed copy of this letter will serve as our authorization to proceed. This proposal is valid until December 31st, 2011, unless extended by us in writing. Proposed by Consultant: Accepted by Owner: Ayres Associates Inc City of Muskego Owner's Name Kristine K. Anderson, PE Signature Supervisor – Civil Engineering KKA:sem Name Attachments Title Date Contract Terms and Conditions Page 1 of 1 AYRES ASSOCIATES CONTRACT TERMS AND CONDITIONS 1. Performance of Services: Consultant shall perform the services outlined in its proposal to Owner in consideration of the stated fee and payment terms. 2. Billing and Payment: Invoices for Consultant's services shall be submitted to Owner on a monthly basis. Invoices shall be due and payable within 30 days from date of invoice. If any invoice is not paid within 30 days, Consultant may, without waiving any claim or right against Owner, and without liability whatsoever to Owner, suspended or terminate the performance of services. Accounts unpaid 30 days after the invoice date will be subject to a monthly service charge of 1.5% on the unpaid balance, or the maximum rate of interest permitted by law, if less. The amount of any excise, value-added, gross receipts, or sales taxes that may be imposed on payments shall be added to Consultant's compensation. No deductions or offsets shall be made from Consultant’s compensation or expenses on account of any setoffs or back charges. 3. Access to Site: Owner shall furnish right-of-entry on the project site for Consultant and, if the site is not owned by Owner, warrants that permission has been granted to make planned explorations pursuant to the scope of services. Consultant 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. 4. Location of Utilities: Consultant shall 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 indemnify and defend Consultant in the event of damage or injury arising from damage to or interference with subsurface structures or utilities which result from inaccuracies in information or instructions which have been furnished to Consultant by others. 5. Hazardous Materials: In the event that unanticipated potentially hazardous materials are encountered during the course of the project, Owner agrees to negotiate a revision to the scope of services, time schedule, fee, and contract terms and conditions. If a mutually satisfactory agreement cannot be reached between both parties, the contract shall be terminated and Owner agrees to pay Consultant for all services rendered, including reasonable termination expenses. 6. Insurance: Consultant shall maintain Workers' Compensation, General Liability, and Automobile Liability Insurance during its services for Owner. Consultant shall furnish a Certificate of Insurance to Owner upon written request. Owner agrees that Consultant shall not be liable or responsible to Owner for any loss, damage, or liability beyond the amounts, limits, exclusions, and conditions of such insurance. 7. Limitation of Professional Liability: Owner agrees to limit Consultant's professional liability to an amount of $50,000 or Consultant's fee, whichever is greater. In the event that Owner does not wish to limit Consultant's professional liability to this sum, Consultant agrees to raise the limitation of liability to a sum not to exceed $1,000,000 for increased consideration of ten percent (10%) of the total fee or $500, whichever is greater, upon receiving Owner's written request prior to the start of Consultant's services. 8. Opinions of Probable Costs: Consultant's opinions of probable project costs are made on the basis of Consultant's experience, qualifications and judgment; but Consultant cannot and does not guarantee that actual project costs will not vary from opinions of probable cost. 9. Construction Review: Consultant does not accept responsibility for the design of a construction project unless the Consultant's contract includes review of the contractor's shop drawings, product data, and other documents, and includes site visits during construction in order to ascertain that, in general, the work is being performed in accordance with the construction contract documents. 10. Construction Observation: On request, Consultant shall provide personnel to observe construction in order to ascertain that, in general, the work is being performed in accordance with the construction contract documents. This construction observation shall not make Consultant a guarantor of the contractor's work. The contractor shall continue to be responsible for the accuracy and adequacy of all construction performed. In accordance with generally accepted practice, the contractor will be solely responsible for the methods of construction, direction of personnel, control of machinery, and falsework, scaffolding, and other temporary construction aids. In addition, all matters related to safety in, on, or about the construction site shall be under the direction and control of the contractor and Consultant shall have no responsibility in that regard. Consultant shall not be required to verify any part of the work performed unless measurements, readings, and observations of that part of the construction are made by Consultant's personnel. 11. Standard of Performance: The standard of care for all professional services performed or furnished by Consultant under this contract will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Consultant does not make any warranty or guarantee, expressed or implied, nor is this contract subject to the provisions of any uniform commercial code. Similarly, Consultant will not accept those terms and conditions offered by Owner in its purchase order, requisition, or notice of authorization to proceed, except as set forth herein or expressly agreed to in 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. Contract Terms and Conditions Page 2 of 2 12. Ownership of Documents: All documents produced by Consultant under this contract are instruments of Consultant's professional service and shall remain the property of Consultant and may not be used by Owner for any other purpose without the prior written consent of Consultant. 13. Electronic Files: Owner and Consultant agree that any electronic files furnished by either party shall conform to the specifications agreed to at the time this contract is executed. Electronic files furnished by either party shall be subject to an acceptance period of 60 days during which the receiving party agrees to perform appropriate acceptance tests. The party furnishing the electronic file shall correct any discrepancies or errors detected and reported within the acceptance period. After the acceptance period, the electronic files shall be deemed to be accepted and neither party shall have any obligation to correct errors or maintain electronic files. Owner is aware that differences may exist between the electronic files delivered and the printed hard-copy documents. In the event of a conflict between the hard-copy documents prepared by Consultant and electronic files, the hard-copy documents shall govern. 14. Termination of Services: This contract may be terminated at any time by either party should the other party fail to perform its obligations hereunder. In the event of termination for any reason whatsoever, Owner shall pay Consultant for all services rendered to the date of termination, all reimbursable expenses incurred prior to termination, and reasonable termination expenses incurred as the result of termination. 15. Controlling Law: This contract is to be governed by the law of the place of business of Consultant at the address in its proposal to Owner. 16. Assignment of Rights: Neither Owner nor Consultant shall assign, sublet or transfer any rights under or interest in this contract (including, but without limitation, moneys that may become due or moneys that are due) without the written consent of the other, except to the extent mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this contract. Nothing contained in this paragraph shall prevent Consultant from employing such independent subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder. 17. Third Party Benefits: This contract does not create any benefits for any third party. 18. Dispute Resolution: Owner and Consultant agree to negotiate all disputes between them in good faith for a period of 30 days from the date of notice prior to exercising their rights under the following dispute resolution provision. If direct negotiations fail, Owner and Consultant agree that they shall submit any and all unsettled claims, counterclaims, disputes, and other matters in question between them arising out of or relating to this contract or the breach thereof to mediation in accordance with the Construction Industry Mediation Rules of the American Arbitration Association effective on the date of this contract prior to exercising other rights under law. 19. Exclusion of Special, Indirect, Consequential, and Liquidated Damages: Consultant 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, claim of third parties, or similar damages arising out of or connected in any way to the project or this contract. 20. Betterment: If, due to Consultant's negligence, a required item or component of the project is omitted from the construction documents, Consultant's liability shall be limited to the reasonable cost of correction of the construction, less what Owner's cost of including the omitted item or component in the original construction would have been had the item or component not been omitted. It is intended by this provision that Consultant will not be responsible for any cost or expense that provides betterment, upgrade, or enhancement of the project. 21. Amendments: This contract may only be amended, supplemented, modified, or canceled by a duly executed written instrument.