Common Council Meeting - Third Monday — Agenda Packet

Office of the Clerk/Treasurer W240 N3065 Pewaukee Road Pewaukee WI 53072 Phone: 262-691-0770 COMMON COUNCIL MEETING NOTICE AND AGENDA Monday, October 19, 2026 6:30 PM Pewaukee City Hall Common Council Chambers W240N3065 Pewaukee Road, Pewaukee, WI 1. Call to Order and Pledge of Allegiance 2. Public Comment - Please limit your comments to two minutes. If further time for discussion is needed, please contact your District Alderperson prior to the meeting. 3. Consent Agenda 3.1 Approve the Accounts Payable Listing Dated October 19, 2026 [Tarczewski] 3.2 Approve the Common Council Meeting Minutes Dated September 8, 2026 [Tarczewski] 3.3 Discussion and Possible Action Related to Resolution 26-10-26 Authorizing the Repayment Schedule for the Purchase of a Portion of Land for the Department of Public Works Highway Building Located at W225 N3201 Duplainville Road [Fuchs] 4. Water & Sewer Utility 4.1 Discussion and Possible Action Regarding the Sanitary Sewer Utility [Wagner/Kincaid] 1. Presentation by Ehlers on the Sewer Rate Study. 2. Adopt Ordinance 26-06 An Ordinance to Amend Chapter 284 Sewers of the Municipal Code of the City of Pewaukee and Waive the Second Reading. 3. Adopt Resolution 26-10-28 Resolution Adopting Updated Sanitary Sewer User Rates and Approve the Sewer Rate at $164.70 Per Residential Equivalent Connection with an Annual Increase of Approximately 16.66%. 5. Engineering 5.1 Discussion and Possible Action Regarding Village of Sussex Request for an Emergency Interconnect on Weyer Road [Wagner] 5.2 Discussion and Possible Action Regarding City Hall Parks Garage Roof to Approve the Agreement with Excel Engineering to Review and Provide Recommendations for $22,500. [Wagner/Fuchs/Bierce] 6. Public Comment - Please limit your comments to two minutes. If further time for discussion is needed, please contact your District Alderperson prior to the meeting. 7. Closed Session – You are hereby notified that the Common Council and staff of the City of Pewaukee will convene into closed session after all regular scheduled business has been concluded and upon Page 1 of 49 motion duly made and seconded and acted upon by roll-call vote as required under 19.85(1)(a), Stats. The purpose of the closed session is for the following: • For deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session pursuant to § 19.85(1)(e) specifically regarding Prospect/Oak Pedestrian Crossing. You are further notified that at the conclusion of the Closed Session, the Common Council may convene into open session pursuant to 19.85(2), Stats., for possible additional discussion and action concerning any matters discussed in closed session and for adjournment. 8. Adjournment Kelly Tarczewski Clerk/Treasurer October 15, 2026 NOTICE It is possible that members of other governmental bodies of the municipality may be in attendance to gather information that may form a quorum at the above stated meeting. No action will be taken by any governmental body other than the governmental body specifically referred to above in this notice. Any person who has a qualifying disability under the Americans with Disabilities Act that requires the meeting or materials at the meeting to be in an accessible format must contact the Clerk/Treasurer, Kelly Tarczewski, at (262) 691-0770 three business days prior to the meeting so that arrangements may be made to accommodate your request. Page 2 of 49 1/11City of Pewaukee Invoice Register October 15, 2026 09:49 AM 10.1.2026 - 10.14.2026 Vendor Name Invoice Number Invoice Description GL Description AECOM TECHNICAL SERVICES, INC 10/7/2026 2001190969 ENG LEXINGTON/TAKOMA PH 2 420-57568-58210 LEXINGTON/TAKOMA PH 2 $839.10 AECOM TECHNICAL SERVICES, INCTotal for: $839.10 AIR ONE EQUIPMENT 10/7/2026 241285 FD EQUIP REPAIR 100-52230-52430 FIRE PROTECTIVE SERVICES - EQUIP REPA $111.00 AIR ONE EQUIPMENTTotal for: $111.00 AIRGAS USA 10/7/2026 9175337274 FD OXYGEN 100-52230-53450 FIRE PROTECTIVE SERVICES - EMS OPERA $600.42 10/7/2026 9175337292 FD OXYGEN 100-52230-53450 FIRE PROTECTIVE SERVICES - EMS OPERA $198.41 AIRGAS USATotal for: $798.83 ALL CITY COMMUNICATIONS INC. 10/7/2026 469951910012026 SW ANSWERING SERVICE 600-10921-52331 ADMIN & GEN OPS-ANSWERING SERVICE $46.48 650-10921-52331 ADMIN & GEN OPS-ANSWERING SERVICE $46.48 ALL CITY COMMUNICATIONS INC.Total for: $92.96 ALL COUNTY ELECTRIC 10/7/2026 60353-01 FD BUILDING REPAIRS 100-52210-52410 FIRE ADMINISTRATION - BUILDING REPAI $6.85 ALL COUNTY ELECTRICTotal for: $6.85 AMERICAN TIRE DISTRUTORS 10/6/2026 S219884014 HWY EQUIPMENT REPAIR & MAINT 230-53650-52430 EQUIPMENT REPAIR & MAINT $405.92 AMERICAN TIRE DISTRUTORSTotal for: $405.92 AMY WHITE 10/8/2026 10062026 P&R SEPT 2026 MILEAGE 100-55300-53300 RECREATION PROGRAM - MILEAGE $47.12 AMY WHITE Total for: $47.12 B.A.T.I. 10/7/2026 6630 FD BUILDING RPRS 100-52210-52410 FIRE ADMINISTRATION - BUILDING REPAI $418.22 B.A.T.I.Total for: $418.22 BATTERY SYSTEMS 10/6/2026 10421034 HWY EQUIPMENT REPAIR & MAINT 230-53650-52430 EQUIPMENT REPAIR & MAINT $51.99 BATTERY SYSTEMSTotal for: $51.99 BOUCHER CHEVROLET 10/7/2026 867787 FD VEHICLE REPAIR 100-52230-52440 FIRE PROTECTIVE SERVICES - VEHICLE RE $144.23 10/7/2026 867749 FD VEHICLE REPAIR 100-52230-52440 FIRE PROTECTIVE SERVICES - VEHICLE RE $184.18 10/7/2026 867911 FD VECHICLE REPAIR Page 3 of 49 2/11City of Pewaukee Invoice Register October 15, 2026 09:49 AM 10.1.2026 - 10.14.2026 Vendor Name Invoice Number Invoice Description GL Description 100-52230-52440 FIRE PROTECTIVE SERVICES - VEHICLE RE $89.95 10/7/2026 868125 FD VECHICLE REPAIR 100-52230-52440 FIRE PROTECTIVE SERVICES - VEHICLE RE $110.24 BOUCHER CHEVROLETTotal for: $528.60 BROOKFIELD, TOWN OF 10/7/2026 6.17.26-9.17.26 SW SEWER SERVICE CHARGE SANITARY DISTIRCT # 650-01827-52343 SEWER SERVICE CHARGE SANITARY DISTI $1,349.60 BROOKFIELD, TOWN OFTotal for: $1,349.60 BUELOW VETTER BUIKEMA OLSON & VLIET 10/6/2026 320 HR ATTORNEY FEES 100-51430-52100 ATTORNEY'S FEES $3,036.00 BUELOW VETTER BUIKEMA OLSON & Total for: $3,036.00 BUMPER TO BUMPER 10/6/2026 06180590503 HWY HIGHWAY - EQUIP REPAIR & MAINT 100-53100-52430 HIGHWAY - EQUIP REPAIR & MAINT $49.29 10/6/2026 06180590504 HWY OPERATING SUPPLIES 100-53100-53400 HIGHWAY - OPERATING SUPPLIES $49.59 230-53650-53400 OPERATING SUPPLIES $24.80 10/7/2026 06180590482 SW ADMIN & GEN OPS-TRANSP EXPS REPAIRS 600-10921-52400 ADMIN & GEN OPS-TRANSP EXPS REPAIRS $18.04 650-10921-52400 ADMIN & GEN OPS-TRANSP EXPS & REPAIR $18.04 10/6/2026 06170343785 P&R VEHICLE RPR & MAINT 100-55200-52440 PARKS - VEHICLE REPAIR & MAINT $241.99 10/6/2026 06180583786 P&R VEHICLE RPR & MAINT 100-55200-52440 PARKS - VEHICLE REPAIR & MAINT $22.47 10/6/2026 06180601169 P&R EQUIP RPR & MAINT 100-55200-52430 PARKS - EQUIP REPAIR & MAINT $22.65 BUMPER TO BUMPERTotal for: $446.87 CHARLIE DWYER 10/9/2026 10072026 BLD SEPT 2026 MILEAGE 100-52400-53300 BUILDING SERVICES - MILEAGE & FUEL $138.32 CHARLIE DWYERTotal for: $138.32 CINTAS CORP 10/7/2026 5363510002 SW MED CABINET 100-51430-53480 EMPLOYEE SERVICES - SAFETY PERSONAL $99.66 600-10921-53100 ADMIN & GEN EXPS OPS-OFFICE SUPPLIES $49.82 650-10921-53100 ADMIN & GEN OPS-OFFICE SUPPLIES $49.83 CINTAS CORPTotal for: $199.31 CIRCLE ELECTRIC, INC 10/9/2026 Q17811-1 P&R GROUNDS MAINT 100-55200-52420 PARKS - GROUNDS MAINTENANCE $885.00 CIRCLE ELECTRIC, INCTotal for: $885.00 CITY OF PEWAUKEE 10/1/2026 10012026 CRT COURT PENALTIES/RESTITUTION 100-00000-45110 COURT PENALTIES $50.00 CITY OF PEWAUKEETotal for: $50.00 Page 4 of 49 3/11City of Pewaukee Invoice Register October 15, 2026 09:49 AM 10.1.2026 - 10.14.2026 Vendor Name Invoice Number Invoice Description GL Description COLLIER GEOPHYSICS, LLC 10/8/2026 2867 SW OUTSIDE ENGINEERING 600-10923-52170 ADMIN & GEN OPS-OUTSIDE ENGINEERIN $5,625.00 COLLIER GEOPHYSICS, LLCTotal for: $5,625.00 COMPLEX SECURITY SOLUTIONS INC 10/7/2026 949045 P&R BUILDING RPRS & MAINT 100-55200-52410 PARKS - BUILDING REPAIRS & MAINT $2,519.99 10/1/2026 949202 P&R BUILDING RPR & MAINT 100-55200-52410 PARKS - BUILDING REPAIRS & MAINT $345.00 COMPLEX SECURITY SOLUTIONS INCTotal for: $2,864.99 CONLEY MEDIA 10/5/2026 3067170926-2 CT PLANNER NOTICES & PUBLICATIONS 100-56300-53470 PLANNER - NOTICES & PUBLICAT $207.72 CONLEY MEDIATotal for: $207.72 CONWAY SHIELD 10/7/2026 0433560 FD NEW EQUIPMENT 100-52230-53950 FIRE PROTECTIVE SERVICES - NEW EQUIP $1,675.00 10/7/2026 0558786 FD NEW EQUIPMENT 100-52230-53950 FIRE PROTECTIVE SERVICES - NEW EQUIP $565.00 10/7/2026 0558787 FD NEW EQUIPMENT 100-52230-53950 FIRE PROTECTIVE SERVICES - NEW EQUIP $565.00 10/7/2026 0558788 FD NEW EQUIPMENT 100-52230-53950 FIRE PROTECTIVE SERVICES - NEW EQUIP $565.00 CONWAY SHIELDTotal for: $3,370.00 CRETEX SPECIALTY PRODUCTS 10/6/2026 050145 HWY CATCH BASIN MAINT - CATCH BASIN CLEANING 230-53655-53510 CATCH BASIN MAINT - CATCH BASIN CLEA $5,692.00 CRETEX SPECIALTY PRODUCTSTotal for: $5,692.00 DAN TIMMERS 10/8/2026 10/08/2026 BLD PERMIT REFUND 100-00000-21110 AUDIT ACCOUNTS PAYABLE $35.00 100-00000-21110 AUDIT ACCOUNTS PAYABLE $65.00 DAN TIMMERSTotal for: $100.00 DIGICOPY INC 10/1/2026 09252026 CT POSTAGE 230-53650-53110 POSTAGE $2,042.45 100-51600-53110 CITY HALL - POSTAGE $2,042.46 DIGICOPY INCTotal for: $4,084.91 EAGLE ENGRAVING 10/7/2026 2026-6861 FD UNIFORMS 100-52230-53410 FIRE PROTECTIVE SERVICES - UNIFORMS $82.55 EAGLE ENGRAVINGTotal for: $82.55 ELEMECH, INC 10/1/2026 REF: PAL9653 SW CUSTOMER ACCTS OPS-CUST RECORDS BILL EXP 600-10903-52401 CUSTOMER ACCTS OPS-CUST RECORDS BI $1,500.00 Page 5 of 49 4/11City of Pewaukee Invoice Register October 15, 2026 09:49 AM 10.1.2026 - 10.14.2026 Vendor Name Invoice Number Invoice Description GL Description ELEMECH, INCTotal for: $1,500.00 ELEVITY GORDON FLESCH CO INC 10/8/2026 C-ELE11036 IT MICROSOFT OCT 2026 100-51450-52480 IT - SOFTWARE MAINTENANCE & UPDATES $2,898.28 10/8/2026 C-ELE11073 IT NETWORK SERVICES OCT 2026 100-51450-52480 IT - SOFTWARE MAINTENANCE & UPDATES $7,422.52 ELEVITY GORDON FLESCH CO INCTotal for: $10,320.80 ELLIOTTS ACE HARDWARE 10/7/2026 765628 P&R NEW EQUIPMENT 100-55200-53950 PARKS - NEW EQUIPMENT $124.98 10/6/2026 765566 HWY BUILDING RPRS & MAINT 100-53100-52410 HIGHWAY - BLDG REPAIRS & MAINT $53.33 230-53650-52410 BUILDING REPAIRS & MAINT $26.66 10/6/2026 765606 HWY SW OPERATING SUPPLIES 230-53650-53400 OPERATING SUPPLIES $9.12 ELLIOTTS ACE HARDWARETotal for: $214.09 ENERGENECS 10/1/2026 EINV0051095 SW FLOWMETER 650-01831-52420 MAINTENANCE/SCS - FLOWMETER $1,484.06 ENERGENECSTotal for: $1,484.06 FRIENDS OF THE PARKS OF PEWAUKEE 10/8/2026 10072026 P&R CASH TO CHECK FOR FUNDRAISER VOLUNTEER ASSIST 100-00000-48908 MISCECLLANEOUS REVENUE (PARKS) $230.00 FRIENDS OF THE PARKS OF PEWAUKETotal for: $230.00 GEAR WASH 10/7/2026 19-19133 FD EQUIP RPR 100-52230-52430 FIRE PROTECTIVE SERVICES - EQUIP REPA $793.50 GEAR WASHTotal for: $793.50 GENERAL CODE 10/1/2026 GC00134749 CT CH DATA PROCESSING 100-51600-52160 CITY HALL - DATA PROCESSING $1,045.00 GENERAL CODETotal for: $1,045.00 GOOD CALL REF LLC 10/7/2026 2026-2 P&R CONTRACTED SERVICES 100-55300-52190 RECREATION PROGRAM - CONTRACTED SE $1,260.00 GOOD CALL REF LLCTotal for: $1,260.00 GRAINGER 10/7/2026 91100378364 SW SOURCE MAINT-BUILDINGS AND GROUNDS 600-10611-52310 SOURCE MAINT-BUILDINGS AND GROUND $24.35 10/7/2026 9102270197 SW PUMP MAINT-MAINT AND REPAIR 600-10633-52400 PUMP MAINT-MAINT AND REPAIR $1,677.22 GRAINGERTotal for: $1,701.57 HARTLAND OVERHEAD DOOR 10/7/2026 46436 FD BUILDING RPRS 100-52210-52410 FIRE ADMINISTRATION - BUILDING REPAI $527.00 Page 6 of 49 5/11City of Pewaukee Invoice Register October 15, 2026 09:49 AM 10.1.2026 - 10.14.2026 Vendor Name Invoice Number Invoice Description GL Description HARTLAND OVERHEAD DOORTotal for: $527.00 HAWKINS, INC. 10/7/2026 7582874 SW TREATMENT OPS-CHEMICALS 600-10641-53410 TREATMENT OPS-CHEMICALS $3,369.78 10/7/2026 7586323 SW TREATMENT OPS-SUPPLIES AND MISC 600-10643-53400 TREATMENT OPS-SUPPLIES AND MISC $309.54 HAWKINS, INC.Total for: $3,679.32 HONEYWELL INTERNATIONAL 10/8/2026 5273818337 FD EQUIP RPR 100-52230-52430 FIRE PROTECTIVE SERVICES - EQUIP REPA $801.00 HONEYWELL INTERNATIONALTotal for: $801.00 HURD, AMI 10/9/2026 10092026 CT OCT 2026 MILEAGE 100-51420-53300 CLERK/TREASURER - MILEAGE $22.04 10/1/2026 09162026 CT MILEAGE 100-51420-53300 CLERK/TREASURER - MILEAGE $28.88 10/1/2026 09112026 CT SEPTEMBER 2026 MILEAGE 100-51420-53300 CLERK/TREASURER - MILEAGE $22.04 HURD, AMITotal for: $72.96 JOHNS DISPOSAL SERVICE 10/7/2026 2321478 ENG GARBAGE COLLECTION 100-53620-52800 RECYCLE - GARBAGE COLLECTION $76,820.10 10/9/2026 10092026 CT YARD WASTE STICKERS 100-00000-48900 MISCELLANEOUS REVENUES $112.50 JOHNS DISPOSAL SERVICETotal for: $76,932.60 JOHNSON'S NURSERY 10/6/2026 09265150 HWY SERVICE FEES 100-53635-52900 SERVICE FEES $1,870.80 JOHNSON'S NURSERYTotal for: $1,870.80 JX ENTERPRISES, INC. 10/7/2026 12368428P SW EQUIP REPAIR & MAINT 100-53100-52430 HIGHWAY - EQUIP REPAIR & MAINT $62.98 600-10921-52400 ADMIN & GEN OPS-TRANSP EXPS REPAIRS $31.49 650-10921-52400 ADMIN & GEN OPS-TRANSP EXPS & REPAIR $31.49 JX ENTERPRISES, INC.Total for: $125.96 KAEREK HOMES INC 10/6/2026 33009 BLD REFUND ON OVERPAYMENT 100-00000-21900 CLEARING $300.00 KAEREK HOMES INCTotal for: $300.00 KWIK TRIP INC. 10/7/2026 SEPT 2026 FD SEPT 2026 FUEL 100-52230-53420 FIRE PROTECTIVE SERVICES - FUEL $10,109.32 KWIK TRIP INC.Total for: $10,109.32 LIFE-ASSIST INC 10/7/2026 2203593 FD EMS OPERATING Page 7 of 49 6/11City of Pewaukee Invoice Register October 15, 2026 09:49 AM 10.1.2026 - 10.14.2026 Vendor Name Invoice Number Invoice Description GL Description 100-52230-53450 FIRE PROTECTIVE SERVICES - EMS OPERA $438.71 10/7/2026 2204233 FD EMS OPERATING 100-52230-53450 FIRE PROTECTIVE SERVICES - EMS OPERA $1.65 10/7/2026 2208135 FD EMS OPERATING 100-52230-53450 FIRE PROTECTIVE SERVICES - EMS OPERA $1,077.56 10/7/2026 2208266 FD EMS OPERATING 100-52230-53450 FIRE PROTECTIVE SERVICES - EMS OPERA $27.25 LIFE-ASSIST INCTotal for: $1,545.17 MENARDS 10/7/2026 69439 FD OPERATING SUPPLIES 100-52210-53400 FIRE ADMINISTRATION - OPERATING SUPP $47.06 10/7/2026 70179 FD OPERATING SUPPLIES 100-52210-53400 FIRE ADMINISTRATION - OPERATING SUPP $19.14 10/7/2026 70207 P&R GROUNDS MAINT 100-55200-52420 PARKS - GROUNDS MAINTENANCE $39.99 10/7/2026 70225 P&R NEW EQUIP 100-55200-53950 PARKS - NEW EQUIPMENT $29.95 10/7/2026 70137 SW PUMP MAINT-BUILD & GROUNDS 600-10631-52310 PUMP MAINT-BUILD & GROUNDS $46.88 10/7/2026 70300 SW PUMP MAINT-MAINT AND REPAIR 600-10633-52400 PUMP MAINT-MAINT AND REPAIR $28.47 10/6/2026 70177 HWY CATCH BASIN MAINT/ CLEANING 230-53655-53510 CATCH BASIN MAINT - CATCH BASIN CLEA $57.32 10/6/2026 70213 HWY ROAD SIGNS & MARKINGS 100-53100-53720 HIGHWAY - ROAD SIGNS & MARKINGS $42.42 MENARDSTotal for: $311.23 MENARDS - WAUKESHA 10/6/2026 3281 HWY SW CATCH BASIN MAINT/CLEANING 230-53655-53510 CATCH BASIN MAINT - CATCH BASIN CLEA $487.29 10/6/2026 3319 HWY/BLD RPRS & MAINT 100-53100-52410 HIGHWAY - BLDG REPAIRS & MAINT $75.00 230-53650-52410 BUILDING REPAIRS & MAINT $37.58 MENARDS - WAUKESHATotal for: $599.87 MIDWEST METER INC. 10/7/2026 0192925-CM SW METERS 600-00346-18566 METERS $3,233.50 MIDWEST METER INC.Total for: $3,233.50 MIKE HADLEY 10/5/2026 SEPT 2026 MILEAGE BD SEPT 2026 MILEAGE 100-52400-53300 BUILDING SERVICES - MILEAGE & FUEL $885.40 MIKE HADLEYTotal for: $885.40 MOTION CONNECTED 10/1/2026 INV-116756 HR EMPLOYEE WELLNESS PROGRAM 100-51430-52700 EMPLOYEE SERVICES - EMPLOYEE WELLNE $405.00 MOTION CONNECTEDTotal for: $405.00 MSA PROFESSIONAL SERVICES INC 10/7/2026 032472 ENG WATERTOWN ROAD/CTH M NORTH AVE TO CREEKS 440-53550-58250 WATERTOWN ROAD/CTH M NORTH AVE T $2,107.60 10/7/2026 033781 ENG WATERTOWN ROAD/CTH M NORTH AVE TO CREEKS Page 8 of 49 7/11City of Pewaukee Invoice Register October 15, 2026 09:49 AM 10.1.2026 - 10.14.2026 Vendor Name Invoice Number Invoice Description GL Description 440-53550-58250 WATERTOWN ROAD/CTH M NORTH AVE T $92.00 MSA PROFESSIONAL SERVICES INCTotal for: $2,199.60 MUNICIPAL LAW & LITIGATION GROUP S. 10/9/2026 18048 CT ATTORNEY FEES 100-51300-52100 ATTORNEY'S FEES $15,427.40 10/9/2026 18338 CT ATTORNEY FEES 100-51300-52100 ATTORNEY'S FEES $14,154.95 MUNICIPAL LAW & LITIGATION GROTotal for: $29,582.35 MUSSON BROTHERS INC 10/7/2026 26-10110.201 FINAL ENG PROJECTS - VALLEY BROOK SUB. DITCH 230-57354-58210 PROJECTS - VALLEY BROOK SUB. DITCH $8,542.11 MUSSON BROTHERS INCTotal for: $8,542.11 NAPA 10/7/2026 200281 FD VEHICLE REPAIR 100-52230-52440 FIRE PROTECTIVE SERVICES - VEHICLE RE $21.30 10/7/2026 200337 FD VEHICLE REPAIR 100-52230-52440 FIRE PROTECTIVE SERVICES - VEHICLE RE $31.16 10/7/2026 200393 FD VEHICLE REPAIR 100-52230-52440 FIRE PROTECTIVE SERVICES - VEHICLE RE $31.47 NAPATotal for: $83.93 NAPA AUTOMOTIVE SUPPLY OF SUSSEX 10/7/2026 709080 SW ADMIN & GEN OPS-TRANSP EXPS REPAIRS 100-53100-52430 HIGHWAY - EQUIP REPAIR & MAINT $18.18 600-10921-52400 ADMIN & GEN OPS-TRANSP EXPS REPAIRS $9.09 650-10921-52400 ADMIN & GEN OPS-TRANSP EXPS & REPAIR $9.09 NAPA AUTOMOTIVE SUPPLY OF SUSSTotal for: $36.36 NORTHERN LAKE SERVICE, INC 10/7/2026 2617603 SW TREATMENT OPS-WATER TESTING & LAB EXPS 600-10642-52310 TREATMENT OPS-WATER TESTING & LAB E $93.00 NORTHERN LAKE SERVICE, INCTotal for: $93.00 N-STORE Services 10/6/2026 10/06/2026 BUILDING PERMIT REFUND 100-00000-24400 BUILDING SERVICES DUE TO VILLAGE $231.00 100-00000-47380 CONTRACTED BUILDING INSPECTION $429.00 N-STORE ServicesTotal for: $660.00 PARTNER2LEARN, LLC 10/7/2026 2042 SW CONT EDUC & MEMBERSHIP 600-10930-53200 ADMIN & GEN OPS-UTILITY MEMB & CONT $169.69 650-10930-53200 ADMIN & GEN OPS- MEMBERSHIP & CONT $169.68 PARTNER2LEARN, LLCTotal for: $339.37 PAYNE & DOLAN 10/6/2026 10-00072165 HWY ROAD REPAIRS 100-53100-53730 HIGHWAY - ROAD REPAIRS $218.79 10/1/2026 120314 APPL 9.9.2026 ENG WETHERSFIELD PH. 1 420-57569-58210 WETHERSFIELD PH. 1 $346,143.80 Page 9 of 49 8/11City of Pewaukee Invoice Register October 15, 2026 09:49 AM 10.1.2026 - 10.14.2026 Vendor Name Invoice Number Invoice Description GL Description PAYNE & DOLANTotal for: $346,362.59 PREMIUM WATERS, INC 10/8/2026 363540049 P&R 5 GALLON WATER 100-55200-53400 PARKS - OPERATING SUPPLIES $36.24 PREMIUM WATERS, INCTotal for: $36.24 PROHEALTH PHARMACY WAUKESHA 10/7/2026 AUG 2026 FD MEDICATIONS EMS OPERATING 100-52230-53450 FIRE PROTECTIVE SERVICES - EMS OPERA $475.17 PROHEALTH PHARMACY WAUKESHATotal for: $475.17 PUBLIC SERVICE COMMISSION OF WI 10/7/2026 RA27-I-04625 SW PSC REMAINDER TAX 600-00408-55200 PSC REMAINDER TAX $3,272.74 PUBLIC SERVICE COMMISSION OF WTotal for: $3,272.74 ROBERT E LEE & ASSOCIATES, INC 10/1/2026 91502 ENG GREENHILL/YENCH 420-57563-58210 GREENHILL/YENCH $1,706.25 ROBERT E LEE & ASSOCIATES, INCTotal for: $1,706.25 RUEKERT & MIELKE, INC. 10/7/2026 165950 SW PROJECT SCADA UPGRADE 650-00107-18150-26.6 PROJECT SCADA UPGRADE $359.30 600-00107-18150-26.6 PROJECT SCADA UPGRADE $359.30 10/7/2026 165957 SW PROJECT SCADA UPGRADE 600-00107-18150-26.6 PROJECT SCADA UPGRADE $87.00 10/7/2026 165947 SW BLUEMOUND RD FOSTER CT TO BUSSE RD 600-00107-18150-26.6 BLUEMOUND RD FOSTER CT TO BUSSE RD $696.50 10/7/2026 165951 SW BLUEMOUND RD FOSTER CT TO BUSSE RD 600-00107-18150-26.6 BLUEMOUND RD FOSTER CT TO BUSSE RD $1,896.00 10/7/2026 165946 ENG OUTSIDE ENGINEERING 230-53650-52190 OUTSIDE ENGINEERING $622.25 100-53110-52190 ENGINEERING - OUTSIDE ENGINEERING $4,238.02 10/7/2026 165948 ENG LEXINGTON/TACOMA PH 1 420-57426-58210 LEXINGTON/TACOMA PH 1 $447.75 10/7/2026 165949 ENG OUTSIDE ENGINEERING 230-53650-52190 OUTSIDE ENGINEERING $502.22 10/7/2026 165952 ENG LEXINGTON/TAKOMA PH 2 420-57568-58210 LEXINGTON/TAKOMA PH 2 $37,512.29 10/7/2026 165953 ENG WETHERSFIELD PH. 1 420-57569-58210 WETHERSFIELD PH. 1 $20,293.56 10/7/2026 165954 ENG SPRINGDALE ESTATES - GLENWOOD 420-57570-58210 SPRINGDALE ESTATES - GLENWOOD $43,810.24 10/7/2026 165955 ENG OUTSIDE ENGINEERING 230-53650-52190 OUTSIDE ENGINEERING $1,408.25 100-53110-52190 ENGINEERING - OUTSIDE ENGINEERING $200.90 10/7/2026 165956 ENG OUTSIDE ENGINEERING 230-53650-52190 OUTSIDE ENGINEERING $379.72 10/7/2026 165958 ENG SPRINGDALE ESTATES - GLENWOOD 420-57570-58210 SPRINGDALE ESTATES - GLENWOOD $1,447.95 RUEKERT & MIELKE, INC.Total for: $114,261.25 SABRA WISCONSIN II, LLC Page 10 of 49 9/11City of Pewaukee Invoice Register October 15, 2026 09:49 AM 10.1.2026 - 10.14.2026 Vendor Name Invoice Number Invoice Description GL Description 10/8/2026 10052026 TRAIL ACQ ENG MEADOWBROOK TRAIL ACQ FEE 440-53550-58220 FIELDHACK PATH $30,117.82 10/8/2026 10052026 TEMP ACQ ENG MEADOWBROOK TRAIL TEMP ACQ FEE 440-53550-58220 FIELDHACK PATH $1,900.00 SABRA WISCONSIN II, LLCTotal for: $32,017.82 SHORT ELLIOTT HENDRICKSON INC 10/7/2026 516259 ENG GREENHILL/YENCH 420-57563-58210 GREENHILL/YENCH $29,810.91 SHORT ELLIOTT HENDRICKSON INCTotal for: $29,810.91 SIGNARAMA 10/8/2026 IN-P-64438 SW ADMIN & GEN OPS-TRANSP EXPS & REPAIRS 600-10921-52400 ADMIN & GEN OPS-TRANSP EXPS REPAIRS $67.32 650-10921-52400 ADMIN & GEN OPS-TRANSP EXPS & REPAIR $67.31 SIGNARAMATotal for: $134.63 STACI JOERS 10/6/2026 08192026 P&R GRILLING COOKING CLASS 100-55300-52190 RECREATION PROGRAM - CONTRACTED SE $540.00 STACI JOERSTotal for: $540.00 STATE OF WI COURT FINES & ASSMTS 10/1/2026 10012026 CRT COURT PENALTIES 100-00000-45110 COURT PENALTIES $2,593.92 STATE OF WI COURT FINES & ASSMTTotal for: $2,593.92 TDS 10/7/2026 3258 SEPT 2026 FD PHONE & CELL 100-52210-52260 FIRE ADMINISTRATION - PHONE & CELL $162.17 10/7/2026 3278 SEPT 2026 FD PHONE & CELL 100-52210-52260 FIRE ADMINISTRATION - PHONE & CELL $297.23 TDSTotal for: $459.40 TK ELEVATOR CORPORATION 10/7/2026 3009761120 CT CITY HALL - BUILDING REPAIRS & MAINT 100-51600-52410 CITY HALL - BUILDING REPAIRS & MAINT $280.26 TK ELEVATOR CORPORATIONTotal for: $280.26 TRUCK & AUTO ELEGANCE 10/6/2026 70452 HWY EQUIP RPR & MAINT 100-53100-52430 HIGHWAY - EQUIP REPAIR & MAINT $975.00 TRUCK & AUTO ELEGANCETotal for: $975.00 ULINE 10/6/2026 213982879 HWY BLDG RPR & MAINT 100-53100-52410 HIGHWAY - BLDG REPAIRS & MAINT $19.50 ULINETotal for: $19.50 UNIFIRST CORP 10/7/2026 1470158560 FD OPERATING SUPPLIES 100-52210-53400 FIRE ADMINISTRATION - OPERATING SUPP $151.35 UNIFIRST CORPTotal for: $151.35 Page 11 of 49 10/11City of Pewaukee Invoice Register October 15, 2026 09:49 AM 10.1.2026 - 10.14.2026 Vendor Name Invoice Number Invoice Description GL Description USPS 10/7/2026 1052026 ENG POSTAGE 2026 FALL/WINTER NEWSLETTER 230-53650-53110 POSTAGE $884.00 100-53110-53110 ENGINEERING - POSTAGE $884.00 600-10930-53307 ADMIN & GEN OPS-PUBLISH NEWSLETTER $884.00 USPSTotal for: $2,652.00 WAUKESHA CO TECHNICAL COLLEGE 10/7/2026 S0905565 FD TRAINING 100-52230-52980 FIRE PROTECTIVE SERVICES - TRAINING $126.00 WAUKESHA CO TECHNICAL COLLEGETotal for: $126.00 WAUKESHA CO TREASURER 10/1/2026 10012026 CRT COURT PENALTIES 100-00000-45110 COURT PENALTIES $630.86 WAUKESHA CO TREASURERTotal for: $630.86 WE ENERGIES 10/1/2026 6076878589 HWY ELECTRICTY/NATURAL GAS 100-53100-52210 HIGHWAY - ELECTRICITY $202.57 230-53650-52210 ELECTRICITY $101.73 100-53100-52220 GAS FOR HEAT (NATURAL GAS) $40.81 230-53650-52220 GAS FOR HEAT (NATURAL GAS) $20.85 10/1/2026 6095097778 P&R ELECTRICITY KVP BELL TOWER 100-55200-52210 PARKS - ELECTRICITY $29.41 WE ENERGIESTotal for: $395.37 WI SUPREME COURT 10/6/2026 10012026 CRT CLERKS CONFRENCE 100-51200-53210 COURT - MEETINGS & CONVENTIONS $55.00 WI SUPREME COURTTotal for: $55.00 WOLF PAVING 10/6/2026 57189 HWY ROAD REPAIRS 100-53100-53730 HIGHWAY - ROAD REPAIRS $181.50 10/6/2026 57205 HWY ROAD REPAIRS 100-53100-53730 HIGHWAY - ROAD REPAIRS $250.50 WOLF PAVINGTotal for: $432.00 Page 12 of 49 11/11City of Pewaukee Invoice Register October 15, 2026 09:49 AM 10.1.2026 - 10.14.2026 Vendor Name Invoice Number Invoice Description GL Description Total Amount Being Paid: $730,305.99 Page 13 of 49 Common Council Meeting Minutes ~ September 8, 2026 Page 1 of 5 City of Pewaukee W240 N3065 Pewaukee Road Common Council Meeting Minutes Tuesday, September 8, 2026 In Attendance: Mayor S. Bierce, Alderpersons C. Brown, B. Dziwulski, R. Reinbold, S. Tabbert, P. Vetterkind, and J. Wamser. Also In Attendance: Administrator S. Klein, DPW Director M. Wagner, Assistant Utility Manager R. Kincaid, City Planner & Community Development Director N. Fuchs, Employee Services Director J. Anderson, Library Director N. Champe and Clerk/Treasurer K. Tarczewski. 1. Call to Order and Pledge of Allegiance Mayor Bierce called the meeting to order at 7:36 p.m. and asked everyone to stand for the Pledge of Allegiance. 2. Public Comment - None. 3. New Business 3.1 Direct Public Administration Associates to Negotiate with Selected City Administrator Candidate A motion was made and seconded (C. Brown, S. Tabbert) to direct staff and Public Administration Associates to move forward with negotiations with the selected candidate. Motion Passed: 6-For, 0-Against. 3.2 Approval of Resolution 26-09-24 Requesting Exemption from the 2026 Waukesha County Library Tax Levy for 2027 Purposes and Committing to Required Funding of at Least $885,669 for the Pewaukee Public Library Mr. Klein stated this is an annual formality asking to be exempt from the County Library tax and committing to at least the maintenance of effort as far as the Library’s budget is concerned. A motion was made and seconded (P. Vetterkind, R. Reinbold) to approve Resolution 26-09-24 requesting exemption for the County Library tax levy. Motion Passed: 6-For, 0-Against. 3.3 Approve the Accounts Payable Listing Submitted September 8, 2026 Ms. Brown asked what the negative entries were on the report. Ms. Tarczewski stated negative numbers indicated that we received a credit from a vendor. Ms. Brown stated it relates to the Village of Pewaukee. Ms. Tarczewski stated she didn’t know what it was specifically for but would research it further and let the Council know. A motion was made and seconded (C. Brown, B. Dziwulski) to approve the accounts payable listing. Motion Passed: 6-For, 0-Against. Page 14 of 49 Common Council Meeting Minutes ~ September 8, 2026 Page 2 of 5 4. Water & Sewer 4.1 Discussion and Possible Action to Reallocate Funds in the Amount of $49,575.80 from the Spice Creek Lift Station Rehabilitation Project to the Broken Hill Lift Station Pump Replacement Project Mr. Kincaid was present for this item. He stated during a bi-annual inspection, they found the pumps to be making significant bearing noises. He stated they were approximately 20 years old and are getting to be considered at their “end-of-life”. Mr. Kincaid stated if the pumps were to be rebuilt, the Utility would also be required to rent temporary pumps in order stay operational. He added, once they are torn apart additional issues may present themselves. He said the cost of replacing the pump with a new one is similar to the cost of rebuilding it. He requested that Council consider reallocating funds from the Spice Creek Lift Station to replace the sewage pump at the Broken Hill Lift Station. Ms. Brown asked about the warranty period. Mr. Kincaid stated it was two years. He stated “ragging” is a continual issue; when people flush items that aren’t intended for the sewer system such as “flushable” wipes. Ms. Brown asked if a letter could go out to Broken Hill residents. Mr. Kincaid stated the department annually sends out that messaging related to how harmful it is to flush things down the toilet other than toilet paper. He said his crew constantly finds shirts and toys. A motion was made and seconded (P. Vetterkind, J. Wamser) to approve the reallocation of funds to the Broken Hill Lift Station pump replacement project in the amount of $49,575.80. Motion Passed: 6-For, 0-Against. 4.2 Discussion and Possible Action to R eallocate Funds; Taking $167,500 from the Water Utility - Well No. 4 & 7 Rehabilitation Project and $137,500 from the Sewer Utility - Meadowbrook Lift Station Rehabilitation / Replacement Project to Upgrade the SCADA Software and Hardware System. Mr. Kincaid said SCADA stands for Supervisory Control and Data Acquisition, which he said runs the sewer system. He said it communicates with the towers and wells and tells it to turn on to provide water to the community. He said updates are performed regularly. Mr. Kincaid stated Ruekert & Mielke is the Utility’s consultant related to the system. They have discovered that the system is aging out and is no longer compatible with recent Windows upgrades. He said they have been rewriting code to get the two to communicate properly but feel it is now time to upgrade the system. He said this would also help with security concerns and fortify firewalls. Mr. Kincaid added there are patching issues within the system and historical data is being lost due to memory issues. He said it will take 12 – 14 months to completely rebuild it. Mr. Vetterkind asked how old the system was. Mr. Kincaid stated the computer itself was 6 months, but the software was 5-7 years. Mayor Bierce asked who has access to this system. Mr. Kincaid answered only the field staff and Ms. Mueller and himself. He said access into the system is available in-house only. Page 15 of 49 Common Council Meeting Minutes ~ September 8, 2026 Page 3 of 5 Mr. Tabbert asked if this replacement project was planned for the future. Mr. Kincaid stated they were planning on budgeting for this in next year's budget cycle. Mayor Bierce suggested having this placed in the capital project plan moving forward. A motion was made and seconded (J. Wamser, S. Tabbert) to allocate funds to upgrade the SCADA software and hardware system. Motion Passed: 6-For, 0- Against. 5. Plan Commission Reports and Recommendations 5.1 Discussion and Possible Action Regarding a Certified Survey Map for Waukesha State Bank for the Purpose of Combining Two Lots on the Former Ruekert Mielke Property Located at W233 N2080 Ridgeview Parkway (PWC 0953-984-007 & PWC 0953-984-008) Mr. Fuchs stated the Plan Commission recommended approval. He said the previous owner of the property, Rukert & Miekle, previously subdivided the parcel so another building could be built. Since then, the property sold and the new owners, Waukesha State Bank, want to combine it back into one parcel. A motion was made and seconded (S. Tabbert, J. Wamser) to approve the Certified Survey Map. Motion Passed: 6-For, 0-Against. 5.2 Discussion and Possible Action Regarding Re-Approval of the Shorepoint Church Certified Survey Map for Property Located on the Southwest Corner of Duplainville Road and Capitol Drive (PWC 0912-983, PWC 0912-984, and PWC 0912-985) Originally Approved on 11/21/2024 Mr. Fuchs stated the Certified Survey Map (CSM) did not get recorded timely. The project was held up because the City wanted a watermain right-of-way designated on the CSM. He stated there were no changes from the original approval date and recommended approval. A motion was made and seconded (B. Dziwulski, S. Tabbert) to approve the Certified Survey Map. Motion Passed: 6-For, 0-Against. 6. Bike and Pedestrian 6.1 Discussion and Possible Action to Approve Resolution 26-09-25 to Amend Resolution 25-12-32 (Originally Approved December 1, 2025) Authorizing Acquisition of Real Property Interests within the City of Pewaukee, Waukesha County, Wisconsin for the Meadowbrook-Prospect Trail Extension Project Ms. Wagner stated there were some changes to the plat which were due to the negotiation with residents regarding the acquisitions. She said some issues were able to be overcome by redesigning the project and eliminating the required easements. She added due to the condominium association bylaws they were prohibited to sell the City land but the Department of Transportation does allow for permanent limited easements (PLE) so those changes were made. Ms. Wagner stated this resolution simply makes changes to the plat map. Page 16 of 49 Common Council Meeting Minutes ~ September 8, 2026 Page 4 of 5 Motion was made and seconded (B. Dziwulski, J. Wamser) to approve Resolution 26-09-25. Motion Passed: 6-For, 0-Against. 7. Engineering 7.1 Discussion and Possible Action Regarding Shorepoint Church Development 1. Approve the Developer's Agreement. 2. Establish the Financial Guarantee in the Amount of $412,842.20. Ms. Wagner stated the financial guarantee ensures the development of the public watermain plus 20 percent per the City’s ordinance. She said the City Attorney is currently reviewing the developer’s agreement but didn’t foresee any concerns. Mayor Bierce asked how they would guarantee the funds. Ms. Wagner stated she believes it would be in the form of a bond. A motion was made and seconded (B. Dziwulski, J. Wamser) to approve the developer’s agreement contingent upon final approval of the City Engineer and City Attorney and establish the financial guarantee in the amount of $412,842.20. Motion Passed: 6-For, 0-Against. 7.2 Discussion and Possible Action Establishing the 2027 Garbage and Recycling Collection Rates with Johns Disposal. Ms. Wagner stated per the 2024 contract with Johns Disposal their rate increased 4 percent from last year. She said what is also added is the City’s onsite collection of recyclables. She said overall the increase is 5.1 percent equating to a rate of $234.00 A motion was made and seconded (P. Vetterkind, R. Reinbold) to establish the 2027 garbage and recycling fee at $234.00. Motion Passed: 6-For, 0-Against. 8. Public Comment – None. 9. Closed Session – You are hereby notified that the Common Council and staff of the City of Pewaukee will convene into closed session after all regular scheduled business has been concluded and upon motion duly made and seconded and acted upon by roll-call vote as required under §19.85(1)(a), Stats. The purpose of the closed session is for the following:  §19.85(1)(e): Deliberating or negotiating the purchasing of properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session, specifically with regard to potential intermunicipal agreement(s) related to fire and rescue services.  §19.85(1)(c): Considering employment, promotion, compensation or performance evaluation data of any public employee over which the government body has jurisdiction or exercises responsibility specifically related to retirement benefits payment. Page 17 of 49 Common Council Meeting Minutes ~ September 8, 2026 Page 5 of 5 You are further notified that at the conclusion of the Closed Session, the Common Council may convene into open session pursuant to §19.85(2), Stats., for possible additional discussion and action concerning any matters discussed in Closed Session and for adjournment. Motion was made and seconded (R. Reinbold, B. Dziwulski) to go into Closed Session at 8:01 p.m. Motion Passed: 6-For, 0-Against via roll call vote. 10. Adjournment Specifics on adjournment were not made available to the Clerk. Respectfully Submitted Kelly Tarczewski Clerk/Treasure r Page 18 of 49 City of Pewaukee - New Agenda Item Agenda Language: Discussion and Possible Action Related to a resolution authorizing the repayment schedule for the purchase of a portion of land for the Department of Public Works highway building located at W225N3201 Duplainville Road. Sub Item Agenda Language: Background Provided By: Nick Fuchs Background: In 2021, the City purchased land as part of the Department of Public Works highway building project located at W225N3201 Duplainville Road. To account for this purchase, staff is recommending that the City adopt a repayment schedule as described in the attached resolution. Fiscal Impact: Recommended Motion: A motion to approve a resolution authorizing the repayment schedule for the 2021 purchase of land located at W225N3201 Duplainville Road. Page 19 of 49 City of Pewaukee - New Agenda Item Agenda Language: Discussion and Possible Action Related to a resolution authorizing the repayment schedule for the purchase of a portion of land for the Department of Public Works highway building located at W225N3201 Duplainville Road. Sub Item Agenda Language: Background Provided By: Nick Fuchs Background: In 2021, the City purchased land as part of the Department of Public Works highway building project located at W225N3201 Duplainville Road. To account for this purchase, staff is recommending that the City adopt a repayment schedule as described in the attached resolution. Fiscal Impact: Recommended Motion: A motion to approve a resolution authorizing the repayment schedule for the 2021 purchase of land located at W225N3201 Duplainville Road. Page 20 of 49 Resolution 26-10-26 Repayment Schedule for Land Purchase Page 1 of 2 STATE OF WISCONSIN CITY OF PEWAUKEE WAUKESHA COUNTY RESOLUTION NO. 26-10-26 A RESOLUTION AUTHORIZING THE REPAYMENT SCHEDULE FOR THE PURCHASE OF A PORTION OF LAND FOR THE DEPARTMENT OF PUBLIC WORKS HIGHWAY BUILDING LOCATED AT W225N3201 DUPLAINVILLE ROAD WHEREAS, the City of Pewaukee purchased a portion of the land located at W225N3201 Duplainville Road (PWC 0911989002) in 2021 for $2,000,000; and, WHEREAS, a fund balance of $1,290,100 remains outstanding as of June 30, 2026; and WHEREAS, Common Council previously authorized the purchase of said land; and WHEREAS, as part of the 2025 audit and as recommended by City Staff and accounting consultants, it was recommended that the remaining balance of the land purchase be repaid over a period of 10 years or sooner, as funds may be available; and WHEREAS, the Common Council desires to establish a repayment schedule beginning with the 2027 annual budget to provide for the orderly repayment of the outstanding balance. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Pewaukee that the outstanding balance for the Department of Public Works land purchase shall be repaid beginning with the 2027 budget in annual installments of $129,000 for budget years 2027 through 2035, with a final scheduled payment of $129,100 in budget year 2036, unless the balance is repaid sooner. BE IT FURTHER RESOLVED, that the City may make additional payments towards the outstanding balance in any year as funds are available, thereby reducing the remaining balance and/or shortening the repayment period; and BE IT FURHER RESOLVED, that the City and Administrator and Clerk/Treasurer are authorized and directed to include the scheduled repayment in each annual City budget until the obligation is fully repaid and to make any administrative adjustments necessary to reflect accelerated payments or the final remaining balance. PASSED and ADOPTED this 5 th day of October 2026. Page 21 of 49 Resolution 26-10-26 Repayment Schedule for Land Purchase Page 2 of 2 Steve Bierce, Mayor ATTEST: Kelly Tarczewski, Clerk/Treasurer Page 22 of 49 Page 23 of 49 City of Pewaukee - New Agenda Item Agenda Language: Discussion and Possible Action Regarding the Sanitary Sewer Utility [Wagner/Kincaid] 1. Presentation by Ehlers on the Sewer Rate Study. 2. Adopt Ordinance 26-06 An Ordinance to Amend Chapter 284 Sewers of the Municipal Code of the City of Pewaukee and Waive the Second Reading. 3. Adopt Resolution 26-10-28 Resolution Adopting Updated Sanitary Sewer User Rates and Approve the Sewer Rate at $164.70 Per Residential Equivalent Connection with an Annual Increase of Approximately 16.66%. Sub Item Agenda Language: Background Provided By: Magdelene Wagner/Robert Kincaid Background: Ehlers is here for the final presentation on the sewer rate study. From the previous meeting, Ehlers recommended an ordinance change which allows us to adjust our rates over several years and utilize reserves to offset costs due to the large increase needed. The proposed ordinance change is attached. Staff is recommending approval and requesting we waive the second reading of the ordinance. The sewer rate is recommended to increase from $141.00 to $164.70 per Residential Equivalent Connection with a 16.66% increase annually thereafter. As a reminder, we plan to complete this rate review every 2 years with Ehlers and informally annually during the budget process. We recommend adoption of the resolution for adopting the rates. Fiscal Impact: Recommended Motion: Council approve Ordinance 26-06 and waive the second reading and approve Resolution 26-10-28 to set the rates at $164.70 per residential equivalent connection. Page 24 of 49 City of Pewaukee, WI 2026 Sewer Utility Rate Study October 19th, 2026 Common Council Meeting Page 25 of 49 2 Why are we here? • Reviewed ordinance and historical interpretation of rate methodology and updated cost allocation calculation • Previous calculation included both depreciation and debt service expense. Cash and Utility rate setting calculations use one or the other. Page 26 of 49 3 Proposed Ordinance Changes • New ordinance removes depreciation from calculation and includes ‘Replacement Component’ to account for cash funded capital replacements  “The Replacement Component charge shall be sufficient to replace any equipment in the sewers or sewage works owned by the Utility as required, in order to assure the continued peak performance of the equipment and to maintain the capacity for which the sewers and sewage works were designed and constructed. At any given time when evaluating the revenue adjustment the Utility’s cash position could offset the replacement charge in whole or in part.” Page 27 of 49 4 Proposed Ordinance Changes cont. • New ordinance also allows for consideration of other revenues of the system being used to offset the Operation and Maintenance Component of the Sewer Service Charge.  Allows for greater level of consideration to actual user rate revenue needs. Page 28 of 49 5 Revenue Requirement (new ordinance calculation) Page 29 of 49 6 Sewer Fund Projection with 2027-2031 increase Page 30 of 49 7 • Approve new ordinance changes and 2027 sewer rate adjustment • Beyond Tonight’s Action  Consider customer engagement strategies  Consider additional sewer rate adjustments beyond 2027 Recommendations TONIGHT’s ACTION: Approve ordinance and rate increase Page 31 of 49 8 Questions? Page 32 of 49 Ordinance 26-06 Amend Chapter 284 - Sewers Page 1 STATE OF WISCONSIN CITY OF PEW AUKEE WAUKESHA COUNTY ORDINANCE NO. 26-06 An Ordinance to Amend Chapter 284 - Sewers of the Municipal Code of the City of Pewaukee WHEREAS, the Sewer Utility has undergone a sewer rate review by Ehlers; and WHEREAS, the Ehlers rate review r ecommended the sewer ordinance be updated related to the calculation of rates; and WHEREAS, the Common Council finds in the public inte rest to address those concerns through amendment of Chapter 284 of the City Municipal Code; and NOW, THEREFORE it is ordained by the Common Council of the City of Pewaukee that the City Municipal Code is amended as follows: SECTION I § 284-16.B.(1)(d). “Replacement Component” shall be created to read as follows: (d) The product of the Replacement Component times the number of residential equivalent connections assigned to the user. SECTION II § 284-16.B.(2). “ Administrative Co mponent” is repealed and recreated to read as follows: (2) The Administrative Component shall be the pr oduct of the Utility’s budgeted administration costs divided by the base number of sewer users. SECTION III § 284-16.B(3). “ Operation and Maintenance Component.” shall be repealed and recreated to read as follows: (3) The Operation and Maintenance Component sha ll be the product of the budgeted sewer system operating and maintenance costs divided by the base number of residential equivalent connections. Depreciation expense shall be excluded in the Operation and Maintena nce Component of the Sewer Service Charge. Other Reve nues of the system may be used to offset the Operation and Maintenance Component of the Sewer Service Charge. Page 33 of 49 Ordinance 26-06 Amend Chapter 284 - Sewers Page 2 SECTION IV § 284-16.B(6). “ Replacement Component.” shall be created to read as follows: (6) The Replacement Component shall be sufficie nt to replace any equipment in the sewers or sewage works owned by the Utility as required, in order to assure the continued peak performance of the equipment and to maintain the capacity for which the sewers and sewage works were designed and constructed. At any given time when evaluating the revenue adjustment, the Utility’s cash position could offset the replacement charge in whole or in part. SECTION V Renumbered Section § 284-16.B(6). “ Base Number of Residential Equiva lent Units.” shall be renumbered as §284-16 B(7). SECTION VI Renumbered Section § 284-16.B(7). “ Base Number of Sewer User s.” shall be renumbered as §284-16 B(8). SECTION VII Severability The several sections of this Ordinance are declar ed to be severable. If any section or portion thereof shall be declared by a court of competent jurisdiction to be invalid, unlawful or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision and shall not affect the validity of any other provisions, sections or portions thereof of the Ordinance. The remainder of the Ordinance shall remain in full fo rce and effect. Any othe r ordinances whose terms conflict with the provisions of this Ordinance are hereby repealed as to those terms that conflict. SECTION VIII Effective Date This ordinance shall become effective upon its passage and publication/posting. Dated this 19 th day of October, 2026 CITY OF PEWAUKEE ___________________________ Steve Bierce, Mayor Page 34 of 49 Ordinance 26-06 Amend Chapter 284 - Sewers Page 3 Attest: _________________________ Kelly Tarczewski, City Clerk/Treasurer Published and/or posted this ____ day of ________________, 2026. Page 35 of 49 Resolution 26-10-28 Updated Sanitary Sewer User Rate Pa ge 1 of 2 STATE OF WISCONSIN CITY OF PEWAUKEE WAUKESHA COUNTY RESOLUTION 26-10-28 ADOPTING UPDATED SANITARY SEWER USER RATES WHEREAS , the City of Pewaukee, WI provides sa nitary sewer service within the sewer service area and maintains a separate Sewer Fund to isolate costs and revenues to operate the sewer utility; and WHEREAS, in 2026 the City’s Municipal Advisor, Ehlers, completed an evaluation of the historical and projected Revenue Requirements under the framework for rate-making provided in the American Waterworks Association M1 Manual; and, WHEREAS, the Common Council of the City of Pewaukee, WI, has reviewed all fiscal-year cost breakdowns and budgets for sewer service in accordance with Chapter 284 of the Municipal Code; and, WHEREAS, pursuant to City Ordinances, sewer use charges are to be determined by the Common Council by separate resolution, as amended from time to time; and, WHEREAS, the Common Council has determined a n eed to revise the charges imposed upon sewer service users under Municipal Code §284-16 in order to maintain the proportionality among user classes of the service charge system, and to ensure that adequate revenues are available for operation, maintenance, and replacement costs. NOW, THEREFORE, BE IT HEREBY RESOLVED: by the Common Council that the attached amended Sewer Service Charge and Fee Schedule, setting fees and charges pursuant to Municipal Code §284-16, is adopted, effective as of October 19, 2026. SEVERABILITY The several sections of this Resolution shall be declared to be severable. If any section shall be declared by a decision of a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the other provisions of the Resolution. ADOPTED THIS 19 th Day of October, 2026. CITY OF PEWAUKEE Page 36 of 49 Resolution 26-10-28 Updated Sanitary Sewer User Rate Pa ge 2 of 2 ___________________________ Steve Bierce, Mayor Attest: _________________________ Kelly Tarczewski, City Clerk/Treasurer Page 37 of 49 City of Pewaukee - New Agenda Item Agenda Language: Discussion and Possible Action Regarding the Village of Sussex Request for an Emergency Water Main Interconnect on Weyer Rd. Sub Item Agenda Language: Background Provided By: Wagner, Mueller & Kincaid Background: As you may recall, several years ago, the Village of Lisbon asked the City of Pewaukee to provide municipal water service to an area on the south-east corner of the Village of Lisbon. The Lisbon Quarry Area Water Main project area abuts Weyer Rd to the south, Lisbon Rd to the north, Townline Rd to the east, and the CN Railroad to the west. The City of Pewaukee included this service area as an addendum to our Water Supply Service Area Plan. Unbeknownst to the City of Pewaukee, the Village of Lisbon also asked the Village of Sussex to serve this same area. The Village of Lisbon is working through an inter-governmental agreement with the Village of Sussex providing water service to the area. The Village of Sussex has recognized that this service area will be on a long dead-end of their water service area. Therefore, the Village of Sussex would like an emergency interconnect with the City of Pewaukee that would provide water service to the Lisbon customers should a water main break cause a water outage in the area. The Public Works Committee supported the emergency interconnect. If the Council supports this effort, we will look to enter into an inter-governmental agreement with the Village of Sussex which will be brought back to the Council for approval. In the interim, they are seeking a letter of support for the interconnect as they seek their DNR and PSC approvals to serve the Village of Lisbon. I've drafted the attached letter of support if the Council supports this action. Fiscal Impact: Recommended Motion: The Council approves the concept of the emergency interconnect with the Village of Sussex to provide water service to the Village of Lisbon Quarry Area Water Main Project contingent on the compatibility of the chemicals added between the two water utilities and an inter-governmental agreement. Also approve the letter of support for the Page 38 of 49 service applications. Page 39 of 49 From: Kincaid, Rob To: Mueller, Jane Subject: Fw: Schedule for Lisbon"s Quarry Area Water Main and Pewaukee Emergency Interconnect Date: Monday, September 21, 2026 2:25:18 PM Attachments: image001.png RE Do Emergency Interconnects Require a PSC CA.msg From: Wagner, Magdelene <wagner@pewaukee.wi.us> Sent: Wednesday, September 2, 2026 3:11 PM To: Mueller, Jane <JEM@pewaukee.wi.us>; Kincaid, Rob <kincaid@pewaukee.wi.us> Subject: FW: Schedule for Lisbon's Quarry Area Water Main and Pewaukee Emergency Interconnect   FYI   Magdelene Wagner, P.E. Director of Public Works City of Pewaukee W240N3065 Pewaukee Road Pewaukee, WI 53072 262-691-0804   Strengths: Harmony, Arranger, Positivity, Relator, Responsibility, Developer, Achiever, Consistency   Find us on Facebook   This message originates from the City of Pewaukee. It contains information that may be confidential or privileged and is intended only for the individual named above. It is prohibited for anyone to disclose, copy, distribute, or use the contents of this message without permission, except as allowed by the Wisconsin Public Record Law. If this message is sent to a quorum of a governmental body, my intent is the same as though it were sent by regular mail and further e-mail distribution is prohibited. All personal messages express views solely of the sender, which are not attributed to the municipality I represent and may not be copied or distributed with this disclaimer. If you have received this message in error please notify me immediately.   From: Wood, Ben <Ben.Wood@strand.com> Sent: Wednesday, September 2, 2026 1:58 PM To: Wagner, Magdelene <wagner@pewaukee.wi.us>; Jeff Klamik <jklamik@sussexwi.gov> Cc: Wellenstein, Nicole <Nicole.Wellenstein@strand.com> Subject: Schedule for Lisbon's Quarry Area Water Main and Pewaukee Emergency Interconnect   Hi Maggie, Strand had a design kickoff meeting with Sussex this morning for Lisbon’s Quarry Area Water Main project and Jeff asked me to send you our anticipated schedule as it relates to needing some documentation from the City of Pewaukee indicating it’s willingness to establish an eme CGBANNERINDICATOR Hi Maggie,   Strand had a design kickoff meeting with Sussex this morning for Lisbon’s Quarry Area Water Main project and Jeff asked me to send you our anticipated schedule as it relates to needing some documentation from the City of Pewaukee indicating it’s willingness to establish an emergency interconnect. Ultimately we’re aiming to prepare the PSC construction authorization by the first week of November. We’d like to have a joint pre-app meeting with the agencies the week of 9/21 (unless by some reason they’re available next week). That could help to further inform if the documentation needed is as simple as a letter of support, or, if it would be a draft agreement.   I don’t believe that an executed agreement would be required to make the application, but we’ll find out at the joint pre-app meeting. PSC provided a sample docket in the attached email that is for a metered, wholesale interconnection that did have a fully executed agreement. Rather, the Sussex- Pewaukee interconnect is targeted to be an unmetered, emergency use only interconnection and both municipalities would have to estimate water use in the event of an emergency (allowable as indicated by PSC in the attached email). That would be something that both municipalities would need to include in the agreement. I plan to request that meeting on behalf of Sussex and will include you on that request.   Lisbon Quarry Area Water Main Anticipated Schedule   Joint PSC-DNR Pre-Application Meeting Week of 9/21 Lisbon Acts on Lisbon-Sussex IGA 10/14/2026 *Language likely to require an emergency interconnect unless agencies will not approve it PSC Application by Sussex for Emergency Interconnect 11/2/2026 Week of Public Outreach Sept-Dec 2026 Easement Acquisition Oct 2026 - Feb 2027 PSC Final Decision Order (Anticipated 90-110 days) 2/20/2027 Week of WDNR Water Main Extension Permit Application Jan. 2027 Target Bid Advertisement Jan/Feb 2027 Contract Award Mar-27 Construction 2027     Jeff also mentioned in the meeting this morning that Sussex and Pewaukee are working through some other questions regarding chemical compatibility, etc.   Thank you,    Ben Wood, P.E.  Strand Associates, Inc.®    414.271.0771 ext. 1504  ben.wood@strand.com | www.strand.com      Excellence in EngineeringSM   Page 40 of 49 Department of Public Works • Engineering Division W240N3065 Pewaukee Road • Pewaukee, Wisconsin 53072 Office: (262) 691-0804 • Email: publicworks@pewaukee.wi.us Website: www.cityofpewaukee.wi.us October 14, 2026 Jeff Klamik Director of Public Works/Village Engineer Village of Sussex N64W23760 Main Street Sussex, WI 53089 RE: Sussex/Pewaukee Emergency Interconnect Letter of Support Dear Jeff: The City of Pewaukee has considered your request for an emergency water main interconnect at Weyer Road. This interconnect would support emergency water service for an area of the Village of Lisbon that the Village of Sussex will serve with municipal water as a well relief area due to quarry operations impacting the private wells. The City supports the effort for the interconnect. The City will require an Intergovernmental Agreement for the installation and operation guidelines provided the water quality between the systems align, permits are obtained from the Village of Lisbon, Public Service Commission approval, Wisconsin Department of Natural Resources approval, and any easements are acquired. All of these items will be at the cost of either the Village of Sussex or the Village of Lisbon. If you have any questions or concerns, please feel free to contact our office at (262) 691-0804. Sincerely, Magdelene Wagner, P.E. Director of Public Works CC: Jane Mueller, Utility Manager Robert Kincaid, Assistant Utility Manager Page 41 of 49 City of Pewaukee - New Agenda Item Agenda Language: Discussion and Possible Action Regarding City Hall Parks Garage Roof to Approve the Agreement with Excel Engineering to Review and Provide Recommendations for $22,500. Sub Item Agenda Language: Background Provided By: Magdelene Wagner Background: The roof over the Parks Garage at City Hall (the former Highway Garage) is continuing to experience leaking. This has been an ongoing issue for many years. Staff approached Excel Engineering to provide a review of the existing roof structure and building facade. Excel Engineering was involved in a similar effort in 2017 which resulted in the east half of City Hall being re-roofed, soffits added, and gutters being moved off the walls of the structure. The old Highway Garage was removed from the original bid as it was undergoing a space study and the future use of this portion of the building was unknown. With the decision to utilize this old Highway Garage for the new Parks Garage and break room, this issue should now be addressed. Excel Engineering has put together a proposal to review the roof, drainage systems, ventilation, parapet, flashing and waterproofing, masonry restoration, lintel repairs/replacements, window replacement, wall waterproofing and moisture management, and exterior enclosure improvements. This will include an evaluation of different roof materials and a budgetary estimate of this work. Excel is proposing to complete this work for $22,500. Staff is recommending approval of this proposal. The results will be presented at a future Council meeting for further direction. Fiscal Impact: There is no budget remaining in the building repairs and maintenance account. It is recommended this be charged to the City Hall Remodel project. Recommended Motion: Council approve the Excel Engineering proposal in the amount of $22,500 with funds from the City Hall Remodel project. Page 42 of 49 Agreement Between Client & Excel Engineering, Inc. This Agreement made the 9'th day of October 2026 , in Fond du Lac, WI between Excel Engineering, Inc. (here in after referred to as Excel Engineering) of Fond du Lac, WI and the "Client" below. Client: Client Contact: Address: Project Name: Project Location: Project #: Amount $22,500 Included $22,500 CLIENT: Excel Engineering, Inc. Signature: Signature: Title: Title: City of Pewaukee - City Hall Garage Improvements Pewaukee, WI Reimbursable Expenses per Article 2.1 Lump Sum Compensation Services requested after signing this Agreement shall be compensated on a Lump Sum basis or per Billing Rates per section 2.2. Client and Excel Engineering shall agree on compensation for additional services prior to performing same. City of Pewaukee Nick Fuchs 1. Scope of Services. Excel Engineering shall provide the following service: Scope per Attachment A. 260373300 W240N3065 Pewaukee Road Pewaukee, WI 53072-4044 2. Compensation. Compensation for Excel Engineering services will be performed as noted below. 2.1 - Reimbursable Expenses. - Excel Engineering shall be paid for the following reimbursable expenses: Mileage at $.70/mile, Overnight per diem at $35/night; Plan Review Fees, UPS, Postage, Plans, Printing, Airfare, Hotels, Rental cars, Tolls and Parking at Cost. LUMP SUM FEE: Design Update and ROM Budget (Unless signed and returned to Excel Engineering within 30 days from the date above, this offer will expire.) 3. Payment. Client shall make payment to Excel Engineering as follows: 4. Exhibit. The Terms & Conditions on Exhibit A are part of this Agreement. John P. Pluta, P.E. Sr. Project Manager Planner & Community Development Dir City of Pewaukee Nick Fuchs 3.2 Monthly Payment. Invoices will be submitted on a monthly basis. Payments shall be made within twenty (20) days of date of invoice. Payments not paid timely shall accrue interest at the rate of one and a half percent (1.5%) per month. 3.1 Initial Payment . Client shall make an initial payment of $0.00 to Excel Engineering upon execution of this Agreement. This payment shall be credited back to Client on the first invoice. 2.2 - Billing Rates. Intern $79/hr, Tech 1 $94/hr, Tech 2 $110/hr, Tech 3 $124/hr, Designer 1 $110/hr, Designer 2 $124/hr, Sr Designer 1 $139/hr, Sr Designer 2 $154/hr, Sr Designer 3 $170/hr, Project Designer $196/hr, Engineer 1/Architect 1 $139/hr, Engineer 2/Architect 2 $154/hr, Engineer 3/Architect 3 $170/hr, Project Engineer/Project Architect $196/hr, Crew Chief $124/hr, Sr Crew Chief $139/hr, Proj Asst 1 $94/hr, Proj Asst 2 $110/hr, Proj Coord 1 $124/hr, Proj Coord 2 $139/hr, Proj Man $220/hr, Sr Proj Man $236/hr, Principal $260/hr, Construction Coord 1 $110/hr, Construction Coord 2 $124/hr, Construction Coord 3 $139/hr, Sr. Construction Coord 1 $154/hr, Sr. Construction Coord 2 $170/hr, Sr. Construction Coord 3 $196/hr, Survey Equipment $35/hr, Laser Scanner $100/hr Rates subject to increase January 1st Always a Better Plan 100 Camelot Drive | Fond du Lac, WI 54935 920.926.9800 | excelengineer.com Page 43 of 49 Aachment A: Scope of Services Task 1 – Exisng Documentaon Review Review available informaon including: • Previous facility condion assessments. • Roofing and building envelope invesgaons. • Exisng drawings and specificaons. • 2016 Construcon documents and addenda prepared by Excel Engineering Inc. • Available records associated with completed and ongoing construcon projects. The review will focus on understanding the original design intent, determining the status of previously recommended improvements, and idenfying remaining facility deficiencies requiring future capital investment Task 2 – Scope Summary and Reconciliaon of 2017 Construcon and Subsequent Construcon Review 2017 construcon work, projects currently under construcon, and improvements performed by others under separate contracts. Services will include: • Idenficaon of completed improvements from 2017 City Hall Construcon Project and projects by others. • Review of original Phase 1 and Phase 2 project scopes. Comparison of completed construcon against original recommendaons. • Idenficaon of remaining scope. • Documentaon of unresolved and connuing facility concerns. A/enon will be given to: • Roofing improvements. • Roof drainage systems. • Roof venlaon improvements. • Parapet modificaons. • Flashing and waterproofing systems. • Masonry restoraon. • Lintel repairs and replacement. Always a Better Plan 100 Camelot Drive | Fond du Lac, WI 54935 920.926.9800 | excelengineer.com Page 44 of 49 • Window replacement work. • Wall waterproofing and moisture management systems. • Exterior enclosure improvements Task 3 – Development of Updated Improvement Alternaves Excel will provide updated model and updated scope documents for use in planning and creaon of Rough Order of Magniture (ROM) Budgets. Roof Finish Material Opons The base scope for all alternaves will retain the exisng pitched roof geometry and supporng structure, extend the eaves, and improve roof drainage as previously planned. The opons below are limited to selecon of the roof finish material; associated flashings, trim, transions, and accessories will be coordinated with the selected finish. Base Scope – Green Sarnafil Membrane with Ribs • New green Sarnafil membrane roof finish with decorave ribs to maintain the exisng architectural appearance. • Retain the exisng pitched roof geometry and supporng structure, extend the eaves, and improve roof drainage as previously planned. Opon A – Green Sarnafil Membrane (No Ribs) • New green Sarnafil membrane roof finish. • Smooth membrane appearance without decorave ribs. Opon B – Standard Membrane • New standard smooth membrane roof finish. • Color and membrane type to be selected during design – Black, White, or Gray opons. Opon C – Standing Seam Metal • New standing seam metal roof finish. • Panel profile and material to be selected during design; color to match the green Sarnafil membrane. Task 4 – General Construcon, Building Envelope, and Building Systems Budget Updates Update planning-level scopes and budgets for remaining improvements for all disciplines, including general construcon, building envelope, mechanical, electrical, plumbing, and fire protecon work. The review will include previously idenfied work related to: Always a Better Plan 100 Camelot Drive | Fond du Lac, WI 54935 920.926.9800 | excelengineer.com Page 45 of 49 • General construcon: demolion, temporary protecon, access, carpentry, structural modificaons, interior and exterior repairs, finishes, and related restoraon required to support the improvements. • Mechanical: HVAC equipment, distribuon, controls, venlaon, and modificaons required to coordinate with roof and building-envelope work. • Electrical: power, lighng, controls, equipment connecons, grounding, and related modificaons required for the proposed improvements. • Plumbing: roof drainage, storm piping, domesc water, sanitary systems, and associated modificaons. • Fire protecon: sprinkler piping, devices, alarms, penetraons, and associated modificaons required to maintain code-compliant protecon. Task 5 – Rough Order of Magnitude Budget Development Prepare updated ROM budgets for each alternave based on: • Remaining work following completed 2017 construcon and subsequent construcon. • Exisng facility condions. • Current construcon market condions. • Ancipated escalaon factors. • Appropriate planning conngencies. Budgets will be suitable for: • Capital Improvement Planning (CIP) and Fiscal year budgeng. • Comparison of roofing and building envelope alternaves. Deliverables 1. Execuve summary memorandum. 2. ROM budget esmates for each opon. 3. Architectural Rendering – Exterior Isometric Always a Better Plan 100 Camelot Drive | Fond du Lac, WI 54935 920.926.9800 | excelengineer.com Page 46 of 49 Exhibit A TERMS & CONDITIONS 5. Environmental Testing of Project Site. It shall be Client's sole responsibility for making environmental site assessments with respect to the Project soil to determine whether any contaminants are located thereon. Client represents to Excel Engineering that either the Client or the owner of the property upon which the Project is located shall undertake such testing as shall be reasonably necessary to determine whether contaminants are present at the Project site. Excel Engineering makes no representations concerning the presence of contaminants on the Project site or the need for environmental testing thereof. Client shall defend, indemnify and hold Excel Engineering harmless for any and all costs, expenses, damage or obligations of any kind or nature arising from the presence of contaminants on the Project site. In the event that environmental testing is done with respect to the Project site, Client shall provide a copy of such testing and all reports that are issued pursuant thereto to Excel Engineering. Excel Engineering shall be entitled to completely rely upon the accuracy and completeness of all environmental testing that was done with respect to the Project site for or on behalf of Client. 1. Standard of Care. Excel Engineering agrees to perform its services consistent with the professional skill and care ordinarily provided by firms in the same profession practicing in the same or similar locality under the same or similar circumstances. No other warranty, expressed or implied is made. 2. Excel Engineering's Responsibilities. Excel Engineering’s duties and obligations with respect to this Agreement are limited to the Scope of Services defined in this Agreement. Excel Engineering has not been hired to provide installation or construction services and shall not be responsible for or have control over Client Suppliers’ or Contractors’ construction means, methods, techniques, sequences of procedures, or Project safety. Excel Engineering shall not be responsible for the performance of Client Suppliers and Contractors and Excel Engineering shall not be responsible for any changes to the design not authorized by Excel Engineering or any failure to follow Excel Engineering’s design. Excel Engineering has no control over the cost of labor, materials, or equipment furnished by Client Suppliers and Contractors. The cost to complete the Project may vary from bids, negotiated prices, and estimates. 3. Client’s Responsibilities. Client will make available to Excel Engineering all known information regarding existing and proposed conditions, requirements and all other information that may affect the cost, progress, safety and performance of the work. Client shall provide to Excel Engineering a complete set of Client's objectives, schedule, constraints, budget, reasonable contingencies, drawings and other relevant information concerning the Project. Client shall render all decisions in a timely manner in order to avoid delay in the performance of services by Excel Engineering. Client is responsible for all matters which are the responsibility of Client and Client Suppliers and Contractors under this Agreement. Client Suppliers and Contractors shall be responsible for determining quantities of materials, dimensions, fabrication and process techniques, and all measurements. Client Suppliers and Contractors are responsible for verifying all conditions that are present at Project site and that all necessary safety measures are taken to ensure a safe working environment. 4. Intellectual Property. Drawings, specifications and other intellectual property documents, including those in electronic form, prepared by Excel Engineering, or its consultants, are Instruments of Service for use solely with respect to this Project. Excel Engineering shall be deemed the author and owner of all Instruments of Service produced under this Agreement and shall retain all common law, statutory and other reserved rights, including, but not limited to, any applicable copyrights, trademarks, or patents. The Client acknowledges that Excel Engineering has prepared said Instruments of Service and agrees to limit use of same to this Project only. The Client agrees to defend, indemnify and hold Excel Engineering harmless from any causes of action, claims, losses, damages and expenses of any kind whatsoever, including actual attorney's fees, resulting from the unauthorized reuse of Excel Engineering's Instruments of Service. Client further warrants to Excel Engineering that the Scope of Services that is the subject of this Agreement does not infringe upon the intellectual property rights of any other third parties. To the extent any documents, information, instructions, or other material provided by Client during the course of this Project gives rise to a patent, copyright, trademark or other intellectual property infringement claim or suit, Client shall defend, indemnify, and hold harmless Excel Engineering for any and all liability, damages, costs, and expenses, including actual attorney's fees, associated with such claim or suit. 6. Access to Project Site. Excel Engineering shall have access to the Project site at all times necessary in order to permit Excel Engineering to fulfill its obligations under this Agreement. Excel Engineering agrees that it shall fulfill its duties and obligations under this Agreement in a manner that shall not interfere with the completion of Project, or interfere with the ongoing business of Client. 7. Inclement Weather. If on-site services are part of this contract and there is a substantial weather condition affecting the completion of this project, Excel Engineering retains the right to negotiate additional time and fees to complete the Project. Substantial weather conditions include but not limited to extensive rain, high winds, snow greater than two (2) inches and ice. 8. Survey and Title Search. If the Client chooses to exclude an "Existing Conditions Survey" and a "Title Commitment Search" in the pre-design phase, the Client will take full responsibility for costs incurred by Client or Excel Engineering resulting from excluding these services including but not limited to, inaccurate or incomplete disclosure of property descriptions, ownership or easements and restrictions affecting the property. A change order will be issued to Excel Engineering if redesign work is required. 9. Warranty. ALL WARRANTIES BY Excel Engineering, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY ARE EXPRESSLY EXCLUDED. 10. Process Guarantees. To the extent Excel Engineering is designing a process for manufacturing or producing goods or product, Excel Engineering shall make all reasonable efforts to achieve Client’s output goals, but Excel Engineering does not make any output guarantees. 11. Consequential Damages. Excel Engineering and the Client waive consequential damages for any and all claims, disputes or other matters in question arising out of or relating in any way to this Agreement. This mutual waiver shall include, but is not limited to, all consequential damages due to either party's termination. The Client’s sole source of recovering any of its damages from Excel Engineering shall be damages that are covered by Excel Engineering's insurance policies. Always a Better Plan 100 Camelot Drive | Fond du Lac, WI 54935 920.926.9800 | excelengineer.com Page 47 of 49 Exhibit A TERMS & CONDITIONS 26. Entire Agreement, Modification & Assignment. This Agreement shall embody the entire agreement between Excel Engineering and Client. No modification hereof shall be of any effect unless such modification is in writing and executed by the parties hereto. This Agreement may not be assigned without prior written approval by both parties. 18. Force Majeure. Excel Engineering shall be excused for any delay or failure in performance by reason of any cause beyond Excel Engineering’s control, including war, fire, strikes, revolutions, riots, pandemics, acts of hostility, governmental-declared emergency-acts and requests or interference, flood, storm, any act of God, or any other extraordinary cause over which neither party has control. 19. Stop Work Provision. Excel Engineering shall have the right to stop performing its services if one of the following events occur: A) if Excel Engineering commences additional services based on Client’s verbal authorization or notice to proceed and a signed agreement reflecting the additional services is not executed within seven days of presentation to Client; B) if Excel Engineering's invoices remain unpaid for more than 60 days from the date of said invoice; or C) if Excel Engineering is requested to submit plans for state approval but has not been paid on any past due invoice. In all events noted above, Client shall be responsible for all associated costs in stopping work and Excel Engineering shall receive additional compensation for any additional costs incurred resulting from the stoppage and subsequent re-starting in work. 20. Termination. This Agreement may be terminated by either party if the other party fails to fulfill obligations under this Agreement through no fault of the terminating party. A party intending to terminate Agreement shall give the other party seven (7) days written notice of defaults and intent to terminate. Termination of this Agreement shall take place seven (7) days from the date notice of intent to terminate has been given, unless all defaults have been cured, or the parties have reached agreement regarding resolution of matters in dispute between the parties. Upon termination, Excel Engineering shall stop work. Termination does not affect Excel Engineering’s right to receive payment for services performed and costs incurred prior to notice of termination. 21. Non-Waiver. No failure or delay in executing any of a party's rights hereunder shall prevent its execution of such rights at a later date and neither shall a waiver by a party of any breach by the other party be deemed a waiver of any subsequent breach. 22. Third Parties. Nothing in this Agreement shall create a contractual or third party beneficiary relationship to any third party or create a cause of action against Excel Engineering or Client by any third party. 23. Completion of Services. Excel Engineering’s services shall be complete upon issuance of the final Certificate for Payment, or in the absence of a final Certificate of Payment, 30 days after achieving Substantial Completion of the Work. 14. NOTICE OF LIEN RIGHTS. AS REQUIRED BY THE WISCONSIN CONSTRUCTION LIEN LAW, EXCEL ENGINEERING HEREBY NOTIFIES CLIENT THAT PERSONS OR COMPANIES FURNISHING LABOR OR MATERIALS FOR THE CONSTRUCTION ON OWNER'S LAND MAY HAVE LIEN RIGHTS ON OWNER'S LAND AND BUILDINGS IF NOT PAID. THOSE ENTITLED TO LIEN RIGHTS, IN ADDITION TO THE UNDERSIGNED BUILDER, ARE THOSE WHO CONTRACT DIRECTLY WITH THE OWNER OR THOSE WHO GIVE THE OWNER NOTICE WITHIN 60 DAYS AFTER THE FIRST FURNISHED LABOR OF MATERIALS FOR THE CONSTRUCTION. ACCORDINGLY, OWNER PROBABLY WILL RECEIVE NOTICES FROM THOSE WHO FURNISH LABOR OR MATERIALS FOR THE CONSTRUCTION, AND SHOULD GIVE A COPY OF EACH NOTICE RECEIVED TO THE MORTGAGE LENDER, IF ANY. ENGINEER AGREES TO COOPERATE WITH THE OWNER AND THE OWNERS LENDER, IF ANY, TO SEE THAT ALL POTENTIAL LIEN CLAIMANTS ARE DULY PAID. 15. Purchase Order. In the event the Client issues a purchase order, it is understood and agreed that such document is for the Client's internal accounting purposes only and shall in no way modify, add to, or delete any of the terms and conditions of this Agreement. 16. Allowances. An "Allowance" represents an estimated amount for a service where a lump sum amount cannot be established in advance. Excel Engineering will invoice against an "Allowance" for certain services as specified in the Agreement using the published billing rates. 24. Collection. Client shall be responsible for any and all collection fees, litigation costs, actual attorney fees, and any and all other costs incurred by Excel Engineering in collecting any fees from Client that are past due under this Agreement. 25. Severability/Limitation in Scope. Each provision of this Agreement is separate from the other provisions. The invalidity or unenforceability of any provision, or portion thereof, shall not cause any other provision to be invalid or unenforceable. In the event that any provision, or portion thereof, is held to be invalid or unenforceable, the invalid or unenforceable provision or portion thereof shall be limited to the minimum extent required to become valid and enforceable. 27. Applicable Law and Forum Selection. This Agreement and the respective rights and duties of the parties shall be governed by Wisconsin law. All disputes between the parties arising from this Agreement, or otherwise, shall be subject to the exclusive jurisdiction of the Wisconsin state court system, with the Circuit Court for Fond du Lac, Wisconsin being the sole venue to initiate and continue litigation between the parties. 17. Schedule. If the time to complete design, construction documents and on-site services goes beyond the scheduled time set forth in this agreement and this additional time is required because of Client selection delays, Client's vendor delays, construction delays or any other issues beyond the control of Excel Engineering, this additional time shall be billed as an additional service. 12. Insurance. Excel Engineering agrees to maintain insurance as outlined on attached insurance exhibit to this Agreement. A Certificate of Insurance will be provided to the Client upon request. 13. Waiver of Subrogation. Excel Engineering and Client mutually waive any and all rights of subrogation against each other, including, but not limited to, those related to any and all claims for alleged property loss, property damage, reimbursement for worker’s compensation benefits or any other loss that is covered by the party’s insurance carrier. Excel Engineering and Client further agree to secure waivers, if necessary, from their respective insurance carriers in order to give effect to the waiver of subrogation set forth above. Client shall ensure that Client’s Suppliers and Contractors are properly insured and carry adequate amounts of liability insurance taking into consideration the size and scope of the Project. Always a Better Plan 100 Camelot Drive | Fond du Lac, WI 54935 920.926.9800 | excelengineer.com Page 48 of 49 Exhibit - C Always a Better Plan 100 Camelot Drive | Fond du Lac, WI 54935 920.926.9800 | excelengineer.com Page 49 of 49