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CCR1989238\ COMMON COUNCIL - CITY OF MUSKEG0 AMENDED RESOLUTION U238-89 APPROVAL OF AGREEMENT BETWEEN WASTE MANAGEMENT OF WISCONSIN, INC. AND THE CITY OF MUSKEG0 (Sewer - County Trunk L) WHEREAS, Waste Managment of Wisconsin, Inc. wishes to obtain sanitary sewer services to its sanitary landfill located on Crowbar Road, and WHEREAS, Waste Management agrees to contribute $650,000.00 to the City for the design and installation of an expansion to the City's sewer system for this purpose, and WHEREAS, the Public Utilities Committee has recommended approval of this agreement. NOW, THEREFORE, BE IT RESOLVED that the Common Council of ,the City of Muskego, upon the recommendation of the Public Utilities Committee, does hereby approve the attached agreement subject to all contingencies stated therein and further subject to the Agreement being returned to the City properly executed by October Management, satisfactory to the City Attorney, authorizing this 13, 1989 with a resolution of the Board of Directors of Waste Agreement, a letter of credit to the City as set forth in the Agreement and a payment of $148,688 for the RCA's as referred to in Paragraph 14. BE IT FURTHER RESOLVED if all of the contingencies stated above are not met by October 13, 1989 this Agreement is null and void. BE IT FURTHER RESOLVED that the attached agreement is not binding on the City until such time as the agreement is executed by the Mayor and Clerk. DATED THIS 12th DAY OF September , 1989. PUBLIC UTILITIES COMMITTEE ATTEST : City Clerk 9/89 jz Ald. Harold L. Sanders Ald. William T. Simmons Ald. David J. Sanders AGREEMENT WHEREAS, the CITY OF MUSKEGO, a municipal corporation organized under the laws of the State of Wisconsin, hereinafter referred to as "CITY", wishes to extend sewer service by construction of a sewer main as generally shown on a document entitled MSS-2-89; and WHEREAS, WASTE MANAGEMENT OF WISCONSIN, INC., a Wisconsin corporation, hereinafter referred to as "WASTE", and the. owner of a licensed sanitary landfill within the CITY, wishes to obtain the services of a municipal sanitary sewer line to its sanitary landfill located at (see cross-hatched area on the map which is attached hereto and marked Exhibit A), Muskego, Wisconsin by way of sewer line extension generally as referred to on the document entitled MSS-2-89. That said document and the specifics of the sewer service may be amended by the CITY from time to time as long as the service to be provided is substantially the same. NOW, THEREFORE, for valuable consideration acknowledged by each party, IT IS AGREED AS FOLLOWS: 1. WASTE agrees to contribute $650,000 to the CITY for the design and installation of an expansion to the CITY'S sewer system, and one active connection to said sewer system at the landfill site at Manhole No. 25 as more expressly shown on the document entitled MSS-2-89, but subject to any and all of the terms and conditions of this Agreement and any and all laws, ordinances and regulations of the CITY, the Milwaukee Metropolitan Sewer District ("SD), the Wisconsin Department of Natural Resources (DNR), the Federal Environmental Protection Agency (EPA) and any and all other government agencies and laws as they may from time to time be amended. This connection is to serve only the cross-hatched area on the map which is attached hereto and marked Exhibit A. All additional connections to Manhole No. 25 (a maximum of two are allowed) shall be plugged and may not become active or convey sewage, leachate or effluent flows unless a separate agreement is entered into with the CITY. That said $650,000 will be used by the CITY as a grant in aid of construct ion of the sewer line described on the document entitled MSS-2-89; that furthermore WASTE shall pay to the CITY certain reserved capacity assessments on terms and conditions described later in this Agreement and any and all other connection fees, user charges and other similar charges. 2. WASTE agrees to pay the $650,000 referred to above in accordance with the following schedule of events: A. $125,000.00 (less engineer fees already paid the CITY on this project) upon award of the construction contract known as MsS-2-89. B. $225,000.00 when construction is certified to be 50% complete by the city engineer for the CITY. C. $225,000.00 when construction is substantially completed to be certified by the city engineer for the CITY. D. $75,000.00 upon the certification that the system is ready to use by the city engineer for the CITY. In order to secure payments as stated in the above-schedule, upon execution of this Agreement by the last of the two parties, WASTE shall execute in favor of the CITY an irrevocable Letter of Credit or at WASTE'S option, establish an Escrow Account in favor of the CITY. Either of the above shall be in a form acceptable to the CITY and shall allow the CITY, with no further agreement from anyone, to withdraw the sums stated in this paragraph upon the CITY in writing, stated to the financial institution involved, that the condition stated above has been accomplished. 3. That the monies referred to above to be provided by WASTE will be used for the design, construction, installation and any and all related expenses having to do with the construction of the sewer line described on the document entitled MSS-2-89: that the necessary connection, the sewer lateral from Manhole No. 25 as described on the document entitled MSS-2-89, any holding facility, any pretreatment facility and any other similar facility shall be -2- :. . constructed and paid for by WASTE, but to the specifications of the city engineer for the CITY: that WASTE shall be connected to the CITY sewer system on or before one hundred twenty (120) days from the city engineer, certifying the system is ready to use. 4. That the CITY‘S obligations under this Agreement are contingent upon obtaining the approval of any and all necessary government agencies for this project and obtaining a contract or contracts for construction of said sewer line which are acceptable to the CITY at its sole discretion and the CITY obtaining financing for said project which is acceptable to the CITY at its sole discretion. If any contingency in this paragraph is in the sole opinion of the CITY, not met, the CITY, at its option, may declare’this agreement null and void except that WASTE shall be responsible for any and all engineering, legal and similar expenses incurred by the CITY concerning this project to that date. If the CITY declares this contract null and void, the letter of credit stated above shall be released when all fees stated in this paragraph have been paid and any RCA fees paid will be refunded. 5. WASTE shall provide on site storage for leachate and/or other waste in the event that said leachate and/or other waste is determined to be harmful to the sewer system of the CITY or to be in any other way harmful by the city engineers and/or MMSD and/or any other governmental agency: that in no event shall the on-site storage be determined to be adequate unless it has a minimum capacity for storage of all waste to be generated in a two day period . 6. WASTE shall pretreat its discharge if it is required to do so by the CITY, MMSD or any other governmental agency: in no event shall there be any discharge into the CITY sewer system which has a measured value of a pH level which shall fall below 5.5. 7. WASTE shall pay any and all additional charges (such as use and/or strength changes) for its discharges into the sewer -3- system in compliance with the rules of the CITY, MMSD and any other applicable government agency which may be in affect from time to time. The CITY shall provide all billings to WASTE for user charges including strength of discharge costs in addition to normal sewage user charges. Additional charges for strength will be billed in the quarterly billing period after the charges are incurred by the CITY from MMSD. 8. WASTE is subject to regulation by the Federal, State and local standards and in the event there is a conflict between said standards, WASTE will be subject to the most strict standard: WASTE will never discharge any discharge into the sewer system which contributes to any of the following conditions: A. Interference with the MMSD treatment plant and operation as determined by MMSD or its successors. 9. Excessive hydrogen sulfide formation and/or the formation of other corrosive and or harmful substances in the sewer system as determined by the CITY, "SD or any other governmental agency. C. Contributing to any other condition which the CITY, "SD or any other government agency believes is harmful to said system. D. Any discharge attributable to discharge by WASTE which the CITY, MMSD or any other government agency believes may adversely affect the system. E. Objectional odors in the sewer system as determined by the CITY, "SD or any other governmental agency. 9. Copies of all sampling results from the testing of discharge from this site shall be forwarded simultaneously to the CITY at the time they are submitted to MMSD or other entity requesting the test. 10. WASTE shall not increase the use of potable or process water or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with limitations contained in this permit. WASTE shall provide -4- . protection from the possibility of discharge of prohibited or regulated materials or substances as may be established from time to time by the CITY, MMSD or other government agency: where the CITY, MMSD or another government agency determines it is necessary, WASTE shall provide, at their expense, facilities to prevent discharge of prohibited materials and said facilities shall be maintained at the expense of WASTE: WASTE shall notify the CITY, MMSD, DNR and any other applicable government agency immediately upon the occurrence of any discharge of prohibited substances and WASTE shall be solely responsible for any expense and/or damages caused by said discharge and any related engineer, legal or similar expense. 11. WASTE may discharge into the sewer system a maximum of 20,000 gallons per day without further consent of the CITY provided, however, that it pays any and all RCA charges, user fees, additional charges based on strength, etc. required for said additional discharge. WASTE'S discharged into the sewer system shall never exceed 20,000 gallons per day on any day unless this contract is amended in writing by the parties hereto, and the CITY is under no obligation to provide for any larger volume of use by WASTE: that WASTE will only discharge into the sewer system using the discharge procedure set by the Utility Superintendent of the CITY. The Utility Superintendent may not prohibit discharge from WASTE without reasonable cause. If such cause does arise, WASTE will store its leachate until such cause is removed, at which time it shall be allowed to discharge the stored leachate in an amount up to, but not exceeding the aforementioned maximum daily limit. The Utility Superintendent shall not intentionally restrict or prohibit WASTE'S discharge so as to cause the discharge once the restriction or prohibition is removed, to be in excess of the aforesaid daily discharge limit. Appropriate notice shall be given by either party prior to altering the discharge schedule. WASTE shall only be allowed discharges for those areas allowed within this Agreement and as more specifically described and shown - 5- as the cross-hatched area on the map which is attached hereto and marked Exhibit A. 12. Agents, employees or representatives of the CITY, MMSD and any other governmental agency shall have the right to inspect the property of WASTE at any time upon reasonable prior notice concerning compliance with the terms of this agreement and any and allother governmental laws, ordinances or regulations: the CITY, MMSD and/or any other governmental agency shall have the right to calibrate the sewer meter or meters used by WASTE at any reawnable time upon reasonable not ice. 13. WASTE shall indemnify and save harmless the CITY, its officers, agents and employees and shall defend the same from and against any and all claims, losses, damages, suits, -judgments, costs, expenses, attorneys fees, etc., to whomever owed and by whoever and whenever they are sought, ordered or maintained, which may in any manner result from, or arise in the course of, out of or as a result of WASTE'S discharge into the CITY'S sewer system pursuant to this Agreement; or by the violation of WASTE of any rules, laws, regulations, ordinances of any governmental unit or agency pertaining to the discharge into said sewer system. Saia losses or damages indemnified against may be those of the CITY. 14. Over and above any other payments required by the CITY, upm the execution of this contract, WASTE shall pay a reserve capacity assessment in the total amount of $148,688 for the purchase of 84 RCA's at a price of $1,770 per RCA. One RCA equals two hundred gallons per day and will allow, at no further RCA cost, WASTE to discharge into the system a maximum of 16,800 gallons per day; any flow in excess of 16,800 gallons per day shall result in WASTE having to purchase additional RCA's at the then current terms and conditions and price and the monies for the purchase of said RCA's shall be due and payable immediately, and if not paid immediately, shall be extended upon the tax role as a delinquent tax against the property of WASTE described as the -6- cross-hatched area on the map which is attached hereto and marked Exhibit A attached hereto and all proceedings in relation to the collection, return and sale of the property for delinquent real estate taxes shall apply to such special assessment except as otherwise provided by law. DATED this day of , 1989. CITY OF MUSKEG0 WISCONSIN, INC. WASTE MANAGEMENT OF By: By: WAYNE G. SALENTINE, Mayor President By: By: JEAN K. MARENDA, Clerk Secretary - 7- t PAYNE AND DOLAN INC. 1 SALENTINE BROTHERS I I -. PROPERTY LIMITS . MUSKEG0 LANDFILL I 0 COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION ,1238-89 APPROVAL OF AGREEMENT THE CITY OF MUSKEG0 (Sewer - County Trunk L) BETWEEN WASTE MANAGEMENT OF WISCONSIN, INC. AND WHEREAS, Waste Managment of Wisconsin, Inc. sanitary sewer services to its sanitary landfildlocated on Crowbar Road, and WHEREAS, Waste Management agrees to contrip $650,000.00 to the City for the design and installation of a,n expansion to the City's sewer system for this purpose, and WHEREAS, the Public Utilities Committ e has recommended approval of this agreement. NOW, THEREFORE, BE IT RESOLVED th, i t the Common Council of the City of Muskego, upon the recomm,endation of the Public Utilities Committee, does hereby approve,the attached agreement subject to all contingencies stated theryin and further subject to the Agreement being returned to ?he City properly executed by October Management, satisfactory tp the City Attorney, authorizing this 13, 1989 with a resolution yf the Board of Directors of Waste Agreement, a letter of crfdit to the City as set forth in the Agreement and a payment of $148,688 for the RCA's as referred to in Paragraph 14. BE IT FURTHER RESOLVE,D if all of the contingencies stated above are not met by October 13, 1989 this Agreement is null and void. / / DATED THIS ,&Y OF , 1989. / PUBLIC UTILITIES COMMITTEE / Ald. Harold L. Sanders / Ald. William T. Simmons / ATTEST : 9/89 jz i City Clerk 9/89 jz I. City Clerk Ald. David J. Sanders AGREEMENT WHEREAS, the CITY OF MUSKEGO, a municipal corporation organized under the laws of the State of Wisconsin, hereinafter referred to as "CITY", wishes to extend sewer service by construction of a sewer main as generally shown on a document entitled MSS-2-89; and WHEREAS, WASTE MANAGEMENT OF WISCONSIN, INC., a Wisconsin corporation, hereinafter referred to as "WASTE", and the owner of a licensed sanitary landfill within the CITY, wishes to obtain the services of a municipal sanitary sewer line to its sanitary landfill located at (see cross-hatched area on the map which is attached hereto and marked Exhibit A), Muskego, Wisconsin by way of sewer line extension generally as referred to on the document entitled MSS-2-89. That said document and the specifics of the sewer service may be amended by the CITY from time to time as long as the service to be provided is substantially the same. NOW, THEREFORE, for valuable consideration acknowledged by each party, IT IS AGREED AS FOLLOWS: 1. WASTE agrees to contribute $650,000 to the CITY for the design and installation of an expansion to the CITY'S sewer system, and one active connection to said sewer system at the landfill site at Manhole No. 25 as more expressly shown on the document entit led MSS-2-89, but subject to any and all of the terms and conditions of this Agreement and any and all laws, ordinances and regulations of the CITY, the Milwaukee Metropolitan Sewer District ("SD), the Wisconsin Department of Natural Resources (DNR), the Federal Environmental Protection Agency (EPA) and any and all other government agencies and laws as they may from time to time be amended. This connection is to serve only the cross-hatched area on the map which is attached hereto and marked Exhibit A. All additional connections to Manhole No. 25 (a maximum of two are allowed) shall be plugged and may not become active or convey sewage, leachate or effluent flows unless a separate agreement is entered into with the CITY. That said $650,000 will be used by the CITY as a grant in aid of construct ion of the sewer line described on the document entitled MSS-2-89; that furthermore WASTE shall pay to the CITY certain reserved capacity assessments on terms and conditions described later in this Agreement and any and all other connection fees, user charges and other similar charges. 0 2. WASTE agrees to pay the $650,000 referred to above in accordance with the following schedule of events: A. $125,000.00 (less engineer fees already paid the CITY on this project) upon award of the construction contract known as MSS-2-89. .. B. $225,000.00 when construction is certified to be 50% complete by the city engineer for the CITY. C. $225,000.00 when construction is substantially completed to be certified by the city engineer for the CITY. D. $75,000.00 upon the certification that the system is ready to use by the city engineer for the CITY. In order to secure payments as stated in the above-schedule, w upon execution of this Agreement by the last of the two parties, WASTE shall execute in favor of the CITY an irrevocable Letter of Credit or at WASTE'S option, establish an Escrow Account in favor of the CITY. Either of the above shall be in a form acceptable to the CITY and shall allow the CITY, with no further agreement from anyone, to withdraw the sums stated in this paragraph upon the CITY in writing, stated to the financial institution involved, that the condition stated above has been accomplished. 3. That the monies referred to above to be provided by WASTE will be used for the design, construction, installation and any and all related expenses having to do with the construction of the sewer line described on the document entitled MSS-2-89; that the necessary connection, the sewer lateral from Manhole No. 25 as described on the document entitled MSS-2-89, any holding facility, any pretreatment facility and any other similar facility shall be -2- 0 constructed and paid for by WASTE, but to the specifications of the city engineer for the CITY: that WASTE shall be connected to the CITY sewer system on or before one hundred twenty (120) days from the city engineer, certifying the system is ready to use. 4. That the CITY’S obligations under this Agreement are contingent upon obtaining the approval of any and all necessary government agencies for this project and obtaining a contract or contracts for construction of said sewer line which are acceptable to the CITY at its sole discretion and the CITY obtaining financing for said project which is acceptable to the CITY at its sole discretion. If any contingency in this paragraph is in the sole opinion of the CITY, not met, the CITY, at its option, may declare this agreement null and void except that WASTE shall be responsible for any and all engineering, legal and similar expenses incurred by the CITY concerning this project to that date. If the CITY declares this contract null and void, the letter of credit stated above shall be released when all fees stated in this paragraph have been paid and any RCA fees paid will be refunded. 5. WASTE shall provide on site storage for leachate and/or other waste in the event that said leachate and/or other waste is determined to be harmful to the sewer system of the CITY or to be in any other way harmful by the city engineers and/or MMSD and/or any other governmental agency; that in no event shall the on-site storage be determined to be adequate unless it has a minimum capacity for storage of all waste to be generated in a two day period . I 6. WASTE shall pretreat its discharge if it is required to do so by the CITY, MMSD or any other governmental agency; in no event shall there be any discharge into the CITY sewer system which has a measured value of a pH level which shall fall below 5.5. 7. WASTE shall pay any and all additional charges (such as use and/or strength changes) for its discharges into the sewer -3- system in compliance with the rules of the CITY, “SD and any other applicable government agency which may be in affect from time to time. The CITY shall provide all billings to WASTE for user charges including strength of discharge costs in addition to normal sewage user charges. Additional charges for strength will be billed in the quarterly billing period after the charges are incurred by the CITY from MMSD. 0 8. WASTE is subject to regulation by the Federal, State and local standards and in the event there is a conflict between said standards, WASTE will be subject to the most strict standard: WASTE will never discharge any discharge into the sewer system which contributes to any of the following conditions: A. Interference with the MMSD treatment plant and operation as determined by “SD or its successors. B. Excessive hydrogen sulfide formation and/or the formation of other corrosive and or harmful substances in the sewer system as determined by the CITY, “SD or any other governmental agency. C. Contributing to any other condition which the CITY, is harmful to said “SD or any other government agency believes system. D. Any discharge attributable to d which the CITY, “SD or any other government adversely affect the system. ischarge by WASTE agency believes may E. Objectional odors in the sewer system as determined by the CITY, MMSD or any other governmental agency. 9. Copies of all sampling results from the testing of discharge from this site shall be forwarded simultaneously to the CITY at the time they are submitted to MMSD or other entity requesting the test. 10. WASTE shall not increase the use of potable or process water or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with limitations contained in this permit. WASTE shall provide -4- protection from the possibility of discharge of prohibited or regulated materials or substances as may be established from time to time by the CITY, MMSD or other government agency: where the CITY, MMSD or another government agency determines it is necessary, WASTE shall provide, at their expense, facilities to prevent discharge of prohibited materials and said facilities shall be maintained at the expense of WASTE: WASTE shall notify the CITY, MMSD, DNR and any other applicable government agency immediately upon the occurrence of any discharge of prohibited substances and WASTE shall be solely responsible for any expense and/or damages caused by said discharge and any related engineer, legal or similar expense. 11. WASTE may discharge into the sewer system a maximum of 20,000 gallons per day without further consent of the CITY provided, however, that it pays any and all RCA charges, user fees, additional charges based on strength, etc. required for said additional discharge. WASTE'S discharged into the sewer system shall never exceed 20,000 gallons per day on any day unless this contract is amended in writing by the parties hereto, and the CITY is under no obligation to provide for any larger volume of use by WASTE: that WASTE will only discharge into the sewer system using the discharge procedure set by the Utility Superintendent of the CITY. The Utility Superintendent may not prohibit discharge from WASTE without reasonable cause. If such cause does arise, WASTE will store its leachate until such cause is removed, at which time it shall be allowed to discharge the stored leachate in an amount up to, but not exceeding the aforementioned maximum daily limit. The Utility Superintendent shall not intentionally restrict or prohibit WASTE'S discharge so as to cause the discharge once the restriction or prohibition is removed, to be in excess of the aforesaid daily discharge limit. Appropriate notice shall be given by either party prior to altering the discharge schedule. WASTE shall only be allowed discharges for those areas allowed within this Agreement and as more specifically described and shown - 5- . as the cross-hatched area on the map which is attached hereto and marked Exhibit A. 12. Agents, employees or representatives of the CITY, MMSD and any other governmental agency shall have the right to inspect the property of WASTE at any time upon reasonable prior notice concerning compliance with the terms of this agreement and any and all other governmental laws, ordinances or regulations: the CITY, MMSD and/or any other governmental agency shall have the right to calibrate the sewer meter or meters used by WASTE at any reasonable time upon reasonable notice. 13. WASTE shall indemnify and save harmless the CITY, its officers, agents and employees and shall defend the same from and against any and all claims, losses,' damages, suits, judgments, costs, expenses, attorneys fees, etc., to whomever owed and by whomever and whenever they are sought, ordered or maintained, which may in any manner result from, or arise in the course of, out of or as a result of WASTE'S discharge into the CITY'S sewer system pursuant to this Agreement: or by the violation of WASTE of any rules, laws, regulations, ordinances of any governmental unit or agency pertaining to the discharge into said sewer system. Said losses or damages indemnified against may be those of the CITY. 14. Over and above any other payments required by the CITY, upon the execution of this contract, WASTE shall pay a reserve capacity assessment in the total amount of $148,688 for the purchase of 84 RCA's at a price of $1,770 per RCA. One RCA equals two hundred gallons per day and will allow, at no further RCA cost, WASTE to discharge into the system a maximum of 16,800 gallons per day; any flow in excess of 16,800 gallons per day shall result in WASTE having to purchase additional RCA's at the then current terms and conditions and price and the monies for the purchase of said RCA's shall be due and payable immediately, and if not paid immediately, shall be extended upon the tax role as a delinquent tax against the property of WASTE described as the 0 -6- .- -. cross-hatched area Exhibit A attached - collection, return estate taxes shall otherwise provided on the map which is attached hereto and marked hereto and all proceedings in relation to the and sale of the property for delinquent real apply to such special assessment except as by law. DATED this day of , 1989. CITY OF MUSKEG0 WASTE MANAGEMENT OF WISCONSIN, INC. By: By: WAYNE G. SALENTINE, Mayor President By: By: JEAN K. MARENDA, Clerk Secretary - 7-