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CCR2004055COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #055-2004 - APPROVAL OF INTERMUNICIPAL AGREEMENT BETWEEN THE TOWN OF NORWAY SANITARY DISTRICT NO.1 AND THE CITY OF MUSKEGO WHEREAS, The City of Muskego and the Town of Norway Sanitary District NO.1 will enter into an agreement; and WHEREAS, The Public Utilities Committee has reviewed the attached Agreement and has recommended approval. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Publjc Utilities Committee, does hereby approve the attached Intermunicipal Agreement between the Town of Norway Sanitary District NO.1 and the City of Muskego. BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are hereby authorized to execute the agreement in the name of the City. DATED THIS 13TH DAY OF APRIL ,2004. - SPONSORED BY: PUBLIC UTILITIES COMMITTEE Ald. Eric Schroeder Ald. Rick Petfalski Ald. Patrick A. Patterson This is to certify that this is a true and accurate copy of Resolution #055-2004 which was adopted by the Common Council of the City of Muskego. 4/2004jmb (.7, ,,-]& ~. 4" ./ / ," /'1/7 ~Ierk-Treasurer ~ - Intermunicipal Ag Between the Town of Norway Sanitary District No.1 and the City of Muskego - Hostak, HenzI & Bichler. S.C. 840 lake Avenue - Third Floor Racine, WI 53403 262-632-7541 Dated: March 11, 2004 - - INTERMUNICIPAL AGREEMENT BETWEEN THE TOWN OF NORWAY SANITARY DISTRICT NO.1 AND THE CITY OF MUSKEGO This Agreement, entered into as of the date executed by the last signing party hereto, by and between the Town of Norway Sanitary District No.1, hereinafter referred to as "District," a municipal corporation organized and existing under the laws of the State of Wisconsin, and the City of Muskego, hereinafter referred to as "City," a municipal corporation organized and existing under the laws of the State of Wisconsin. 1.1 1.2 1.3 1.4 - 1.5 1.6 1.7 1.8 - 1.9 I. DEFINITIONS Agreement. "Agreement" shall mean this document together with any and all Exhibits attached hereto. Average Daily Flow. "Average Daily Flow" shall mean the total volume of wastewater generated by the District over a period of 365 days divided by 365. BOD. "BOD" shall mean biochemical oxygen demand, as defined in the latest edition of Standard Methods for the Examination of Water and Wastewater. Commercial Users. "Commercial Users" shall mean any property occupied by a nonresidential establishment not within the definition of an "Industrial User," and which is connected to the wastewater facilities. Contracting Municipalitv. "Contracting Municipality" means either the District or the City. Domestic Wastewater. "Domestic Wastewater," also referred to as "sewage," shall mean the water and water-carried wastes from residences, business buildings, institutions or industrial establishments generated by personal activities (from sources such as kitchens, bathrooms, lavatories, and toilets). Strength characteristics of this wastewater shall be deemed to be equal to those of the "residential equivalent connection" unless, in the case of a commercial user, strength characteristics are determined by the District to be different by the completion of a waste strength certification form. Domestic wastewater does not include process wastewater from industrial establishments, infiltration or inflow. Industrial Users. "Industrial Users" shall mean any non residential user identified in Division A, B, D, E, or I of the Standard Industrial Classification Manual. Industrial user also shall include any user that discharges wastewater containing toxic or poisonous substances as defined in Section 307 or 502 of the Clean Water Act, or any substance(s) causing interference in the wastewater facilities. Industrial user shall include any non residential user who: 1) is subject to national categorical pretreatment standards, 2) has a non-domestic flow of 25,000 gallons or more per average day, 3) contributes more than 5% of the average dry weather capacity of the wastewater facility, or 4) is determined by the Facility Manager to have the potential to adversely affect the wastewater facility. Maintenance. "Maintenance" shall mean the preservation of the functional integrity and efficiency of a wastewater treatment facility, including its equipment and structures. The term includes preventive maintenance, correctional maintenance and replacement of equipment. Maximum Monthly Flow. "Maximum Monthly Flow" shall mean the greatest volume of flow discharged to the facility over the course of any calendar month, during a single 1 - 1.10 1.11 1.12 1.13 1.14 1.15 1.16 - 1.17 1.18 1.19 1.20 calendar year, expressed in tenus of gallons per day. Operation. "Operation" 'shall mean control of the unit processes and equipment which make up a treatment works. The tenu includes financial and personnel management, records, laboratory control, process control, safety and emergency operation planning. Peak Daily Flow. "Peak Daily Flow" shall mean the greatest total volume of flow discharged to the facility during any consecutive 24-hour period. Peak Hour Flow. "Peak Hour Flow" shall mean the greatest volume of flow discharged to the Facility during any consecutive 60 minute period, and usually expressed in tenus of gallons per minute. P. "P" shall mean phosphorous as defined in the latest edition of Standard Methods for the Examination of Water and Wastewater. Process Wastewater. "Process Wastewater" shall mean any wastewater, other than domestic wastewater and infiltration and inflow, discharged to the sewerage system. Replacement. "Replacement" shall mean obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed. Residential Equivalent Connection. "Residential Equivalent Connection (REC)" shall mean 300 gallons per day of average daily flow, including all infiltration and inflow resulting from such connection, at 200 mg/l BOD, 250 mg/l TSS, 40 mgll TKN and 8 mgll P. Residential User. "Residential User" shall mean a premise used only for human residency and that is connected to the sewerage system. Sewer Service Area. "Sewer Service Area" shall mean that area defined in Section II and Exhibit A. TKN. "TKN" shall mean total Kjeldahl nitrogen as defined in the latest edition of Standard Methods for the Examination of Water and Wastewater. TSS. "TSS" shall mean Total Suspended Solids as defined in the latest edition of Standard Methods for the Examination of Water and Wastewater. II. SERVICE AREA The Sanitary District shall accept sewage from the City that emanates from the following area within the City: ,..... 2 - Parcel A All that part of Town 5 North, Range 20 East, in the City of Muskego, Waukesha County, Wisconsin, described as follows: Beginning at the Southeast comer of the Southwest 'A of Section 32, T5N, R20E; thence Westerly on the South line of said Section 32 to the Southeast comer of Section 31, T5N, R20E; thence continue Westerly on the South line of said Section 31 to a point located 400 feet West of the centerline of Crowbar Drive; thence Northerly parallel with the centerline of said Crowbar Drive to a point located 450 feet North of the centerline of Kelsey Drive; thence Easterly on a line parallel with the centerline of Kelsey Drive to a point located 500 feet East of the centerline of Racine Avenue (C.T.H. "Y"); thence Southerly on a line parallel with the centerline of said Racine Avenue to the point of intersection with the North-South 'A section line of said Section 32; thence Southerly on the said North-South 'A section line of Section 32 to the point of beginning. Parcel B All that part of Town 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin, more fully described as follows: - Commencing at the South one-quarter of Section 34; thence South 88020'34" West, 1575 feet more or less along the South line of the Southwest one-quarter of said Section 34 to a point; thence Northeasterly 575 feet more or less to a point on the North-South eighth line of said Southwest one-quarter also being 510 feet more or less North of said South line; thence Northerly along said eighth line to the South line of STH "36"; thence Northeasterly along said South line of STH "36" and its extensions to the North-South eighth line of the Northeast one- quarter of said Section 34; thence Southerly along said North-South eighth line to the North line of the Southeast one-quarter of said Section 34; thence Southerly 430 feet along the North-South eighth line of said Southeast one-quarter to a point; thence Southwesterly 2130 feet more or less to a point on the West line of said Southeast one-quarter; thence South 01 0 17' 35" East along said West line, 593 feet more or less to the place of beginning. A map depicting the described City areas is attached hereto as Exhibit A. The Sanitary District shall not serve any areas located outside of the above-described areas within the City, and nothing herein shall be construed as requiring the District to provide such extra-territorial servIce. - 3 - SERVICE TERMS III. A. LIMITATIONS ON QUANTITY AND QUALITY Sec.! Quantity. The Sanitary District shall not accept wastewater flows from the City into the District System that exceeds the following limitations: Average Daily Flow: Maximum Monthly Flow; Peak Daily Flow Peak Hour Flow 256,000 384,000 912,000 845 gallons per day gallons per day gallons per day gallons per minute The District may refuse any additional service connections which, in its opinion, will cause such limitations to be exceeded. In the event such limitations are exceeded, the City shall take steps to reduce the flows therefrom to the limitations allowed hereunder. Any flows in excess of the limitations allowed hereunder shall be subject to a surcharge on such excess flows equal to two times the normal rates for such flows. Both parties to the Agreement recognize that Lift Station #8's capacity is presently limited to approximately 900 gallons per minute, and that any flows to Lift Station #8 in excess of this amount may result in backups. Because Lift Station #8 handles flows from certain areas within the District as well as flows to the District originating from within the City, both parties further recognize that as the City approaches its peak hour flow limitation of 845 gallons per minute, Lift Station #8 will require additional upgrade or replacement work. Both parties agree to pay their proportionate share of the cost of such reconstruction or upgrade, based on the percentage of flow through Lift Station #8 that, at that time, originates within the respective jurisdictions. - Sec. 2 Quality. The Sanitary District shall not accept wastewater flows from the City into the District System that exceeds the following limitations: Average Annual BOD Maximum Month BOD Peak Day BOD Average Annual TSS Maximum Month TSS Peak Day TSS Average Annual Ammonia Nitrogen Maximum Month Ammonia Nitrogen Peak Day Ammonia Nitrogen Average Annual TKN Maximum Month TKN Peak Day TKN Average Annual Total Phosphorus Maximum Month Total Phosphorus Peak Day Total Phosphorus - 259 337 674 277 387 968 35 59 97 57 87 161 6 8 13 pounds per day pounds per day pounds per day pounds per day pounds per day pounds per day pounds per day pounds per day pounds per day pounds per day pounds per day pounds per day pounds per day pounds per day pounds per day If such amounts are exceeded, the City shall be subject to a surcharge for such excessive wastes, in accordance with District ordinances. 4 - - - B. RATES The City shall pay the District quarterly for its actual sewage treatment at a rate as established hereunder. The District shall prepare an annual operation, maintenance, and replacement budget which shall serve as the basis for sewage treatment rates. The budget shall be composed of only those expenditures associated with the Facility; the City shall be charged a fixed rate for applicable collection system costs. The annual budget shall be divided by the estimated number of gallons to be treated during the budget year, and said quotient shall be multiplied by 1,000 so as to yield an estimated sewage treatment rate expressed in terms of dollars per thousands of gallons of sewage treated. This estimated rate shall thereafter be multiplied by the City's actual usage of the Facility in each quarter to determine the City's quarterly sewage treatment billings. The parties recognize that there are residential users presently connected directly to the District's collection system that discharge non-metered wastewater into the system. For purposes of calculating the City's actual usage, the parties agree that the flow from these non-metered residential connections shall be equal to one REC per residence. Such rate shall include a return on investment rate of seven and one-half percent (7.5%). The proportionate share charged to the City hereunder shall be equal to the proportion that the gallonage of sewage emanating from within the City and entering the District System bears to the total gallonage of sewage treated at the District sewerage treatment plan. The District shall bill the City quarterly, and all such quarterly charges shall be paid by the City within thirty days after the date of billing. Outstanding quarterly charges shall accrue interest at the rate of one percent (1 %) per month as of the first day of each month said charge is late. The total amount paid by the City during the year shall be subject to adjustment following the completion of the budget year and the auditing of the District's actual costs and sewage flows. The next quarterly payment due following the calculation of the District's actual costs for the previous year shall be adjusted upward or downward to reflect any adjustment in the user charge for the previous year made necessary on account of the actual costs during the preceding year. An example of such annual user charge rate adjustment is attached hereto as Exhibit B. A copy of the annual calculation of costs shall be forwarded by the District to the City upon completion of the same. The cost of the annual calculation itself shall be a proper item to be added to the computation of the City's user charges hereunder. The City may, at its own expense, procure an independent audit of the District's annual calculation of costs and, if such audit shall disclose error in the District's calculations, such calculation shall be adjusted accordingly. c. APPLICATION OF DISTRICT ORDINANCES The District's provision of sewage treatment services to the City shall be in accordance with all District ordinances, except to the extent any ordinance conflicts with this Agreement, in which case the provisions of this Agreement shall controL Each of the parties to this Agreement shall by ordinance, resolution or agreement with individual users require all users, including industrial or commercial users within its jurisdiction, to conform and comply with the provisions of such District ordinances together with such amendments to said ordinances which are made during the term of this Agreement, and in order to comply with laws, orders, or directives of the United States Government or the State of Wisconsin. The term "sewage" shall include only flows amenable to treatment. Flows which are not amenable to treatment shall be pretreated or corrected at their source, so that they are amenable to treatment at the point of entry into the 5 - District System. Wastes from holding tanks or septic tanks, whether from within or without of the area described in Exhibit A, shall not be deposited, emptied or allowed to enter into the City's system served by the District System. III. CAPITAL COST SHARING A. FUTURE COST SHARING The City agrees to pay the District its proportionate share of the cost of any construction or upgrade/refurbishment of any lift station or appurtenances thereto that are constructed to service the City or the City and the District. The proportionate share of cost shall be determined based upon anticipated use by the respective parties of the design capacity of such new or upgraded lift station or appurtenances thereto. In the absence of any method to accurately determine the parties' actual capacity usage, proportionate cost may be based on the parties' respective populations serviced by said lift station or appurtenances thereto. B. REIMBURSEMENT FOR LIFT STATION #8 - The District recently upgraded Lift Station #8, the lift station receiving sewage primarily from the City, from a capacity of approximately 500 gallons per minute to a capacity of approximatel y 900 gallons per minute. Attached as Exhibit C, and incorporated herein by reference, is an itemization of the cost of such upgrade. The City hereby agrees to remit to the District 65.5% of said amount, which percentage equals the approximate number of total residents served by such lift station who are residents of the City at the time of execution of this Agreement. Furthermore, when the demand on Lift Station #8 rises to the level that such lift station will again require reconstruction or upgrade, the City hereby agrees to pay its proportionate share of the cost of such reconstruction or upgrade, based on the percentage of flow through Lift Station #8 that, at that time, originates within the City. IV. ADMINISTRATION OF AGREEMENT A. OWNERSHIP The District and the City agree that nothing in this Agreement shall operate to impair or undermine the District's ownership of the Facility, nor is it the intention of either party hereto that the City shall acquire any ownership interest, either actual or equitable, in the Facility as a result of this Agreement. The right to manage the Facility remains fully and exclusively vested in the District, and nothing herein shall imply or in any way be construed so as to vest in the City any authority regarding, or responsibility for, management of the Facility. B. DISPUTES - Sec. 1 Discussion Before Dispute Resolution. At least thirty (30) days before initiating formal dispute resolution to enforce any of the terms of this Agreement, the party contemplating such dispute resolution shall so notify in writing the other party and request a meeting to discuss and resolve the matter in contention. Said meeting shall be held and concluded within 30 days of receipt of said notice. Thereafter said party may initiate formal dispute resolution, subject to a request for mediation made pursuant to subsection (b) below. Prior to initiating any dispute 6 - resolution involving operation and maintenance charges, all outstanding operation and maintenance charges due and owing shall be satisfied. The party receiving such notification shall make itself available at reasonable times and places for such discussions and attempted resolution. The parties represent that they will each make a good faith effort to resolve any disputes that may arise between them. Sec. 2 Mediation. In the event the parties are not able to reach agreement within 60 days after the initial meeting of the parties, any party may, by 60-day prior written notice to the others, require submission of such dispute to an impartial mediator, to be selected by the parties during such 60-day period, for non-binding mediation if the dispute is not resolved during such 60-day period. The mediator selected shall be the best qualified individual the parties can find to mediate their differences regarding how best to resolve the dispute. Within 30 days after the mediation notice, each party to the mediation shall notify the other parties in writing of its nomination of one disinterested potential mediator, together with appropriate background information regarding each. If the parties to the mediation are unable to agree upon a mediator, the mediator shall be selected by the flip(s) of a coin. The parties shall jointly retain the mediator. The fees and expenses of the selected mediator shall be paid by the District as an overhead cost. The parties may be represented by legal counsel in the mediation, but each party shall be responsible for its own attorneys' fees. Sec. 3 Public Service Commission. The parties hereto agree to be bound by the provisions of Section 66.0821(5), Wisconsin Statutes, in the resolution of any dispute concerning the interpretation of rates, rules and practices of the parties. - c. PENALTIES AND REMEDIES The City agrees that in the event the City discharges any wastewater to the District sewerage system that is injurious or detrimental to the sewerage system, the District may recover from the City the amount of any penalty levied by DNR, EP A, or other governmental entity against the District plus any actual costs or related expenses incurred by the District associated with the discharge. D. ACCOUNTING METHODS To the extent any provision of this Agreement requires calculations involving accounting principles, those generally accepted accounting principles and practices utilized in maintenance of municipal and utility records, as determined by a certified public accounting firm shall be utilized. E. NOTICES All notices required or permitted by this Agreement shall be deemed given if made in writing and deposited in the United States mail, addressed as follows: - 7 - Town of Norway Sanitary District No.1 Norway Town Hall 6419 Heg Park Road Wind Lake, WI 53185 City of Muskego City Hall W182 S8200 Racine Ave. - P. O. Box 749 Muskego, WI 53150-0749 F. W AIVERIMODIFICATION - The City may request, or the District may grant on its own initiative, a waiver of the enforcement of any requirement of the City, or a lessening of the penalty for any violation by the City, that is otherwise applicable under the terms of this Agreement. Any such request by the City shall be in writing, shall specify the provision from which relief is sought, shall specify the exact relief sought, and shall specify the reasons therefor. No waiver or modification shall be effective unless approved unanimously by the District Commission, and unless such unanimous approval is recorded in the official minutes of the Commission meeting at which such waiver or modification was granted. It is intended by the parties hereto that this Section may be used only to allow relief from distinct, isolated, and fact-specific situations that would otherwise render strict enforcement of this Agreement unjust. It is further agreed by the parties that any grant of a waiver or modification under this Section does not imply, nor may be used as evidence of, any generalized waiver or modification of the District's rights hereunder, and also that any ongoing waiver or modification of the terms of this Agreement may be accomplished only as set forth in this Section. V. MISCELLANEOUS A. ENTIRE AGREEMENT This Agreement contains the entire agreement of the parties, and may not be modified unless such a modification is in writing, approved by the governing body of each party, and duly executed by each party's authorized representative. B. PREVIOUS AGREEMENT To the extent the parties have previously agreed upon any matter which is the subject of this Agreement, this Agreement shall supersede all previous agreements between the parties as to that issue or issues. C. EFFECTIVE DATE --. The effective date of this Agreement shall be the date upon which the last Contracting Municipality signs its version of the master Agreement. 8 - D. TERM OF CONTRACT This Agreement shall be in effect and in full force through December 31, 2019, unless the Agreement is terminated by mutual agreement. Specific tenns of this Agreement shall be renegotiated in the event of an occurrence beyond the control of the District, or caused by a governmental agency, and not covered by this Agreement. E. EFFECT OF CONTRACT The City and the District recognize that this Agreement is the product of a unique set of circumstances. Accordingly, it is mutually acknowledged that many of the provisions contained herein are unique unto themselves and should not be seen as precedent for any future Agreement between the District and other entities. F. SEVERABILITY If any clause, provision, or section of this Agreement be declared invalid by any Court of competent jurisdiction, the invalidity of such clause, provision or section shall not affect any of the remaining provisions of this Agreement. G. BINDING AGREEMENT This Agreement is binding upon the parties hereto and their respective successors and assIgns. - IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers. Dated this JL day of ;t1 wcÄ 2004. TOWN OF NORWAY SANITARY DISTRICT NO.1 ) : , ~ I ; By: Dated this - day of 2004. CITY OF MUSKEGO By: Mayor Attest: Clerk Approved as to fonn: ~~~\,~ Timothy J. mitt, Norway Sanitary District's Attorney _. Stanley Riffle, City's Attorney 9 z,.... !:: co - :r: >< w c;: - - ,-' ,~ - ". c;: a .,;;, --< . 2: (/', ;.u u..':::-a;: ~..;c:.<t ..... :>' Zz!,1;:>- - <:0 ~~t-J ;,.,;':::->- ,. .... z V: zz;;;rJj ~ (5 'z 1:-:>-,-, -..iIJ<to:: .-. >- ~ >- ":". ..J a: ""'....1",2 >-<:('""w <1-2 a. z... 0 wOZ i=~2-: ~~~d :::::2 >~ z::: WI- I -. - :0 . ~ ~ .- , '" -----. . . - -- -. : ~ . .- ? --' " " '" ;. , - ~..;~ \ \ , I ,~i~'_, ,,-,'J " .ct '~~(i þ>Þ \ .~ ~"i~~i~lt,~~ d;r'" - ;..J.."f.'.".-- , ,,' ;,.." --."-~~~ , 1:'"" -~", \ ':;~~:t,!;r~"d~~~ ;.'-~~1 - :'<\~St'-'.:..~5.'~.',',.~..~.'.~.:.:.',.~.";'-' .. '-' ...; !;zt ,i! '":. ' \ ::~:l~:;- -, -0< .. \ \ ., '~ì+4:~ ç <. . -, .....~ :;'~:~~~~~ '~1r~.,~ff~~~;~~: ~"~~:,' .-: r.,~::f._~'~~'~~;:_:.,~, ' ,,-- \-:':~~~~( -- ,~ I ':'~~~A=~0C I ..-,,' ~ \2~~ft~';F~ ..,'\~ i i ! ! ! ì ! i i \ \ . ---- .~ H .- - - .--. \ ! I \ \ \ I \ \ .....- ~ - ORDINANCE NO. 32 AN ORDINANCE TO AMEND ORDINANCE NO. 28 RELATING TO LIMITATIONS ON QUANTITY AND QUALITY OF WASTEWATER AND RATES FOR CITY OF MUSKEGO The Cormnissioners of Sanitary District No.1 of the Town of Norway. Racine County, Wisconsin, do ordain as follows: WHEREAS, the Sanitary District has adopted Ordinance No. 28 establishing the areas of service, limitations on quantity and quality of wastewater and rates for the portions oftbe City of Muskego that are serviced by the Sanitary District; and WHEREAS, the Sanitary District has adopted a budget for 2004 and has trued up the rate for 2003, which Tequin:d an adjustment in the rates for 2004; - 1. Section] Rates. The fates fOT the flows from the City of Muskego for the year 2004 shall be as follows: A charge ofS per one thousand galloDs of wastewater entering into the Sanitary District system (calculated in accord with Exhibit A attached hereto and made a part herrof), subject to adjustment at the end of the year based upon actual costs during the year 2004 and subject to excess charges. if app1icable. The excess charge for gallonage in excess of the limits imposed under Section 2a shall be a charge equal to tWO times the normal charge for sucb gallonage under Section 3. 2. This ordinance shall take effect upon adoption and posting as provided by law. Adopted by the Commissioners of Sanitary District No.1 ofthc: Town of Norway this 11 th day of March. 2004. SANITARY DISTRICf NO 1 OF THE TOWN OF NORWAY By: Norman L. Schultz, President Attest. - By: David S. Koenîngs, Secretary- I II EXHIBIT ß ..... TOWN OF NORWAY SANITARY DISTRICT NO.1 2003 Muskego User Charge ..... -.. Town of NOTWay Sanitary District No.1 2003 Muskego User Charge - A. Allocation of Operating and Maiøtenance Expenses 1'0 Service Cost Functions * Salary Expense FICA Expense Rerirernenr Expense Insurance Health and Life Propaty and Casualty AccO\U1ting and Legal Fees Telephone Plant Office Rent- Office Office Supplies Norway Dover Drainage District Gas and Electric Truck Expense Sludge Removal Chemicals Opera ring Supplies Repairs and Maintenance Laboratory Expense Rental Equipment Postage Printing Miscellaneous DNR Expense Total SI71,547 13,027 15,337 34,5 10 22.814 53.137 3.107 2,150 14,300 3,822 26,035 63,260 4.217 56,835 13,116 5,507 10,442 2.965 3,497 2,119 805 2,751 5.199 - S53Ç).499 Balance 01101/03 AdditioDs (Disposals) Balance Current Year 12/31/03 Depreciation B. Depreciation of PJant Costs Structures- Old Auxiliary Equipment-Old New Plant $ 526,098 137.461 5.997.934 $6.661 493 $ -- $ 526,098 137.461 5.997.934 - ,Sfj.661.493 $ 20,104 211.2 I 8 $ 237.322 s -- * Muskego is being charged 5% of collection system costs. - C. Return on Iovestment Plant Costs-Old: Strucrures Auxiliary Equipment Land Costs Plant Costs-New Total Costs Less: Average Accumulated Depreciation Net Costs Net Return Computation (Net Cost x .075) - Town of Norway Sanitary District No.1 2003 Mnskego User Cbarge Balance 01101/03 Additions (Disposals) Balance 12/31/03 Average Balance $ 526,098 $ -- $ 526,098 S 526,098 137,46) 137.461 137,461 125,854 125,854 125,854 5,997,934 5,997,934 5,997.934 6,787,347 6,787,347 6.787,347 1.018.273 237.322 1.255,595 1.) 36,934 5,650,413 $ 423.781 Computation of Rate Per 1,000 Gallons Tota) Cost (A, n, C) $ 1,191,602 Total Gallons Treated 248,656,900 -.. $ 4.7922 - 2003 Quarterly Billings Quarter GalloDs I SI 2nd 3Td 41h 8,957.000 11,839,300 10,704,600 11,641,600 ~3. 142.500 Actual Regular Usage Charge 43,142,500 Gallons x 4.7922 Balance Due 00 Regular Usage Overage Rate Usage - Actual Overage Usage Charge Balance Due on Overage Usage Total Balance Due --- Town of Norway Sanitary District No.1 2003 Muskego Use.. Charge Rate Per 1,000 Gallons 3.30 3.30 3.30 3.30 Total Paid Per Quarter $ 29,558.10 39,069.69 35.325.18 38.417.28 $142.370.25 206.741.49 64,377.24 . . $ 64.377.24 - Town of Norway Sanitary Lift Station #8 cost breakout Hogan Electric Construction Contract Natural Gas Piping Modifications Painting Control Panel Cathodic Protection Motors & Pump Work Electrical Conduit & Wiring Valve Allowance Amount of Hogan Invoice qualifing as Repairs only Plus Engineering Costs - _. T alai Cost for Lift Station #8 Upgrades , I EXHIBIT C .. 103,845.64 (7,497.93) 96,347.71 16,790.56 113,138.27 /!. HEI Invoice #2646 Town of Norway Sanitary Dlstricl #1 From: Hogen Electric, Inc Contract: Project: Norway lift Station No.8 Upgrade OWNER's Contract No. For Work accomplished through the dare at: APPLICATION FOR PAYMENT NO. 6 (C lEI (CONTRACTOI ENGINEER's Project No. N/A May 31,2003 1 2 3 4 5 Original Contract Price Net change by Change Orders Bnd Written Amendments (-I- or -): Current Contract Price (1 plus 2): Total completed and stored to date: Retainage (per Agreement): 10% of first 50% of completed Work: % of stored material: Total Ratainage: Total completed and stored to date less retainage (4 minus 5): Less previous Application for Payments: DUE THIS APPLICATION (6 MINUS 7): $ $ $ $ 10S,117.0C (1.271.36 103.845.64 103,845.64 $ $ 5,192.28 $ ~ $ $ 5,192.28 98,653.36 95.861.15 2.792.21 6 7 8 Accompanying Documentation: CONTRACTOR'S Certification: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the contract referred to above have been applied on account to discharge CONTRACTOR'S legitimate -- ltions incurred in connecrion with Work covered by prior Applications for Payment numbered 1 through-L ...sive; (2) title ro all Work, materiars and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, security interests and encumbrances (except such as are covered by Bond acceptabJe to OWNER indemnifying OWNER against any such lien. security interest or encumbrance); and (3) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective. Dated 5/30 ,2002 Hogen Electric. Inc. CONTRACTOR By 7~~;R~~. State of Wisconsin County of Washington Subscribed and swom to before me this ?n~ day of -f!1o. 'I ' 2~3 '-Kt~ \(rlJ&i~~{f Notary Public My Commission expires: {)j~h I amG ( I Payment of the above AMOUNT DUE THIS APPLICA nON is recommended. Qated - 6 /;;;t k2 I .I .2002 , fltpbt:d 1écA/lo0í~ /1/(;. '(ENGINEER) By ~~~