Public Works & Utility Committee Agenda/ Packet

VILLAGE OF LISBON W234 N8676 Woodside Rd Lisbon, WI 53089-1545 Office: (262) 246-6100 | Email: villagehall@lisbonwi.gov | Website: www.lisbonwi.gov Join Zoom Online: https://us06web.zoom.us/j/88319721129?pwd=Rm1tdkgzcW9PMG5HY051MlBpbzR4UT09 Zoom by Phone: Dial 1-312-626-6799 Meeting ID: 883 1972 1129 Passcode: 027704 MEETING AGENDA PUBLIC WORKS & UTILITY COMMITTEE – LISBON VILLAGE HALL Wednesday, January 21, 2026, at 5:00P.M. 1. Call to Order & Roll Call 2. Pledge of Allegiance 3. Citizen Comments – Please limit comments to three minutes 4. Approval of Meeting Minutes • 11/18/2025 Public Works & Utility Committee 5. Department Reports A. Dept. of Public Works – DPW Director B. Utility District – Engineer C. Special Projects – Administrator 6. Unfinished Business A. Discussion and necessary action re: Attorney Opinion on options for ongoing I&I issues. B. Discussion and necessary action re: status update on Lift Stations. C. Discussion and necessary action re: Sewer Service Area amendment. D. Discussion and necessary action re: possible future updates to Sewer Service Code. 7. New Business A. Discussion and necessary action re: Sewer hookup options for LSBT 0193.017. B. Discussion and necessary action re: Stop Sign placement in Lake Five Farms subdivision. C. Discussion and necessary action re: whether to repair failed grinder pump vs. purchase a new pump. 8. Items to be Placed on a Future Agenda 9. Adjournment NOTE: It is possible that members and/or a quorum of other governmental bodies may attend the above meeting to gather information. No action will be taken by any governmental body other than specifically noticed above. Citizens with disabilities who require assistance to participate in this meeting should contact Village Hall at least 72 hours in advance. VILLAGE OF LISBON W234N8676 Woodside Road Lisbon, WI 53089-1545 MEETING MINUTES PUBLIC WORKS & UTILITY COMMITTEE LISBON VILLAGE HALL – November 18, 2025 at 5:00 PM Office: (262) 246-6100 | Email: VillageHall@LisbonWI.gov | Website: www.LisbonWI.gov Call to Order Committee Chair Marc Moonen called the meeting to order at 5:06 p.m. Roll Call Present: Trustees Marc Moonen and Linda Beal; Members Jane Mueller, Joe Eberle, and Dan Plese; Engineer Don Neitzel; Administrator Dan Green; DPW Director Nick Wilichowski; Deputy Clerk-Finance Lisa Tremper; and Clerk Elisa Cappozzo. Pledge of Allegiance The Pledge of Allegiance was recited by all those present. Public Comments None. Approval of Meeting Minutes 10/15/2025 Public Works & Utility Committee Motion by Beal, second by Mueller, to approve the minutes as presented. Motion carried unanimously. Department Reports Public Works Director Wilichowski reported on several recent departmental activities from the last month (see attached report). Utility District Engineer Neitzel gave an overview of monthly flows and run time for the Janine, Plainview, Willow Springs, and Richmond lift stations, as well as the various well readings. It was noted that while DPW Director Wilichowski was doing some cleaning at the Richmond Lift Station , he noticed some issues with the odor control chemical feed line. Martelle Water Treatment is scheduled to inspect this issue. It was also reported that during the winter months that the odor control chemical would be reduced from 10 gallons a day to 5 to 6 gallons a day. Special Projects Administrator Green reviewed a memo that he sent out regarding stop sign installation and some of the requests he has had over the last few weeks. The Lynndale Farms subdivision now has controlled intersections with the installation of two-way stop signs. Twin Pine Farms subdivision’s HOA would pay Public Works & Utility Committee Meeting Minutes November 18, 2025 Page 2 of 3 Office: (262) 246-6100 | Email: VillageHall@LisbonWI.gov | Website: www.LisbonWI.gov for any additional stop signs installed. DPW Director Wilichowski is working with the subdivision on this. The Ironwood East subdivision requested stop signs on Ridge Rd to slow down traffic. Most of these requests were denied, though one potential stop sign at Adams Court and Ridge Drive would be further evaluated. Green emphasized that stop signs are not intended for speed control device s, and other methods could be implemented if speeding is a primary concern. Clerk Cappozzo shared a letter from Waukesha County Department of Parks and Land Use regarding private sewage system regulations, noting It was mainly informational as the village doesn’t allow such systems in new subdivisions. Unfinished Business Discussion & necessary action re: Attorney Opinion on options for ongoing I&I issues. Administrator Green presented a draft letter intended for Richmond School and Willow Springs regarding their I & I issues. The letter outlines relevant village and state codes related to obligation to maintain and proposes a timeline for compliance. The committee discussed the approach and timeline for enforcement and agreed that the letter should include a 90 -day deadline to submit compliance plans with a timeline for addressing the issues , and 12 -18 months to come fully into compliance. The committee also agreed that the letter should request acknowledgement within 15 business days to ensure the process begins promptly. Administrator Green to update comm ittee monthly. No formal action taken. Discussion & necessary action re: status update on Lift Stations. DPW Director Wilichowski provided an update on maintenance work at the Richmond Lift Station. Foth tested the pumps and found significant fats, oils, and grease buildup due to ineffective grease traps. Foth provided two solutions: a chemical treatment or a cleaning process called “Ice Pigging” that pushes a slurry through the pipes to remove grease buildup. The chemical treatment option appeared to be more cost effective. Wilichowski has implemented a monthly maintenance program to clean the lift station. The committee suggested tracking the time spent on this maintenance. DPW Director Wilichowski will update committee as to effectiveness. No action taken. Discussion & necessary action re: Sewer Service Area amendment. Administrator Green reported that progress on the sewer service area amendment was awaiting as- built plans for the Richmond School to determine connection points and pipe specifications. Foth is currently assessing maintenance options for the existing system while the plan for the sewer connection moves forward. The process is still expected to take about a year and a half in total. No action taken. Discussion & necessary action re: possible future updates to Sewer Service Code. The committee determined to postpone discussion until more information is available from the sewer service area amendment process. Administrator Green will provide quarterly updates. Public Works & Utility Committee Meeting Minutes November 18, 2025 Page 3 of 3 Office: (262) 246-6100 | Email: VillageHall@LisbonWI.gov | Website: www.LisbonWI.gov New Business Discussion & necessary action re: December meeting date due to holidays. Clerk Cappozzo reported that she sent an email to committee members asking about potential conflicts with the December meeting due to the holidays. No conflicts were reported. Administrator Green mentioned there might not be many agenda items for December. The commit tee decided to keep the meeting as scheduled for now and make the final determination closer to the meeting date. Items to be Placed on a Future Agenda Clerk Cappozzo reviewed the remaining topics coming back to the Committee next month: • Ongoing I & I issues • Status update on Lift Stations • Sewer Service Area Amendment The following item will be placed as a quarterly update: • Updates to Sewer Service Code No additional topics were requested. Adjournment There being no further business, motion by Beal, second by Eberle, to adjourn the meeting at 5:47 p.m. Motion carried unanimously. Respectfully submitted, Lisa Tremper Deputy Clerk-Treasurer DPW Monthly Report November 2025 Highway: • Crews worked on installing new Village of Lisbon signs • Winterize and clean equipment for winter • Clean up downed trees • Blow leaves off roads and ditches in heavily wooded areas • Organize and rearrange middle shop for new air compressor • Truck maintenance and repairs • Winter prep plow trucks (cosmoline, undercoat, air dryers, grease, hose checks/repairs, brake inspections) • Install plows, wings, spinners and salters • 3-4 winter weather events • Plow compost site for one last opening of 2025 • Rinse and wash trucks after storm Parks: • Clean up leaves throughout parks • Final parks mow • Brush mow back paths • Blow water lines out at parks • Prep one tons for winter • Hook up plows • Mark park parking lots Director: • Worked on getting a grinding date for compost site this winter • Help wrap up last of road work projects before first snow • Core sample Blue Heron Subdivision for asphalt depths • Coordinate dates and arrangements for new air compressor and furnaces at the DPW • Work with FOTH on Richmond Lift station • Help Sussex with their Christmas tree • Order new truck chassis for plow truck (Kenworth) • Annual plow meeting with staff and part time plow employees • Create new snow plow routes for staff • Calibrate new plow truck for salting operations • 3-4 winter weather events DPW Monthly Report December 2025 Highway: • 16 winter weather events for the month of December. Primarily scrape & salt runs, along with drifting • Truck 16 replace fan clutch • Truck 3 repair rotted out fender bracing and brackets and replace crankshaft position sensor • Truck 20 replace wing air bag, warranty work, and calibrate new salter • Push up salt deliveries • Work on reorganizing middle shop and wrenching areas • Build new fab table and pallet racking • Wash and rinse trucks Parks: • Mark plow routes and parking lots • 16 winter weather events • Clean parking lots and paths • Work on prepping equipment for the winter • Open ice-skating rink • Worked on cross country skiing trails • Cut trees DPW Director: • Managed month of December winter weather events • Winter storm reports • Order seasonal fill salt • Coordinated with FORCE America for calibrating new plow truck • Work on testing out new scan tools for truck diagnostics • Zorn installed new air compressor in middle shop • Help re-arrange and organize middle shop • Gross Heating installed 3 out of the 4 DPW furnaces • Completed 2026 crackfill/chipseal list • Inspect Mary Hill cross culvert • Ordered new plow truck chassis • Office work prepping files, folders, spreadsheets for the new year MEMORANDUM Committee/Board Public Works & Utility Cmte / Village Board Topic: Sewer Hookup – Golf View Road From: Daniel Green Department: Administration Presenter: Daniel Green Date of Village Board Action: N/A INFORMATION The Village received an inquiry from the owner of parcel LSBT 0193.017, a vacant lot on Golf View Lane. The owner asked about options for connecting the property to the sewer system, including the process involved and the associated costs. He also asked wh ether the parcel could undergo perk testing to determine if a septic system might be feasible instead. Don provided updated cost estimates for two options that would be funded by the Village and specially assessed to the benefiting properties. Two addition al options would be paid for directly by the property owner or developer. Option 1 involves extending the existing 8-inch sewer main 400 feet east to allow direct lateral connections along Bramble Drive, along with installing a force main and shared grinder pump within the right-of-way for lots 7, 8, and 9. On Golf View Lane, lots 3, 10 , and 11 would receive 4 - inch laterals connected to the gravity sewer south of lot 12, with a shared grinder pump serving those three lots. The estimated total project cost is $264,270, to be assessed across nine homes. Option 2 would extend only a 4 -inch sewer lateral to lots 3, 10, and 11, with a shared grinder pump for those properties. The estimated cost for this option is $79,800, to be shared among the three owners. Option 3 allows the developer to install a private lateral to the main, along with a privately owned grinder pump. This option enables sewer service without cost -sharing among neighboring properties, but places full responsibility for installation and ongoing maintenance on the homeowner. Option 4, which the property owner is also considering, is to conduct soil testing to determine whether a septic system could be supported on the site. The Village may also determine that the property is not serviceable by sewer, in which case a septic system coul d be permitted. NW CORNER, SW 114 t / ,,,/ , ,::t, \ I \ / SEC. 7,T BN,R 19E L - .,,...- _,,,/ - ,0 \\C: I \ / I - CONC. MON. WI - J - - - - _,,,,/ '2, / \ 'P '\� \ 1Q1.L41 1=Q1.HQ 1=.QI.0!! 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I :7o•�o•�s•E. '.'.i• • s·E- '.)30 -'.:- - � \ \ ', w l I �\ "e�-P �.->. \ _..,,, _.- !/◊'/ ,ff;/ - - - 2'. :S:; I CQ_,-,1 11/ / � � k--- Isl �1·tA'.'.i'A- - \ ' ' , "' ', I � I ��l�tg/�;:i � I 11 1 .8' 69.9' C\j I I I 1\ i\\ :e.A'\ . - - / 0�@ I 7 � I 0� I --- --- \ ', ' ', r-- PuiosES <:? I I UTILITY I I \ t-:il �'Z-'Z. ,_,,,.,,,;--- ; ,; � ( "w o _.- ' .... ,, ' , ......._ ' j � j N01 "00'01 ''W -. - T- - :: / N01'00'01 'W ING EASEMENT "'·1 \l,-Y -Y / / � j O jO::a:: I srf _.- ) �r,.1, .;, , ' -::.. � _use _J L ___ _J "'.', �_:a:a ,· )(/ ; _' 3 ,_ WO : �!½N " __ oo"s"·-"e l Q��,r �a: : I -t,,A. <- "\ 'Yo, 'if,;,:.J'-. ', ;:------.:::: _J ,L 25.00' _S: 8 ·o I 3 7 L 25.oo.:___ L� REA _ _J � �_,, ,, .¥, �- u.. , -2 I \ {<} 14 ,.:,.,. ,t, -... ' ' � ,6 - - -,,, v ''" 1 -": 66.00' ..,. • 1;. __ ), � -·' ,>"-· '.) \ 49,846 SF I � =- z I / I I �g i \ , .. �� 47,636 SF /\ �o�Jv0&, : "-- ' ' �, '�, '',a· ,- -�����ifL_ -El:- r,.--,sz�� � - - - - - - - -�k -� c.u1:¢ s -:·/,""1- r / I � � �- I ujCL I \ \� / "-. "'-, � " '� la' g1ij tj;�,:._'.:'.::___:'.,_'.�2!,3£2.]22t.· .t:...=....::..Jt:,,,J�tt.,_:;j1�5ol;i.OO?' __::_.]�=--=jj1 5 !QOJ.OO['�=-...:�:...'-f.11:f1f11r \ :t--- ,t.e,•>,f-,\ -' i'.)O' j � o, c.:i!!f j '· , "")-/ I 9', �� 1 , � \ � ...,, /.t$,<.,,,, "- -... '--.. ,, ', 1 - SS8'59'59"W 180 .02' i"J _ t"fi" � � 1:'.!: @ _ S'6' S88'59'59"W 532.22' I _ .100. 0�·\ '"""°"'" / \ I N g o g ���i I , - z "-' � / 0� ) --...__ , • ""' -�"�0_,22, ___ MEAD OW BLIS S D_RIVE 1 - r., - rn _ .. , QI W O \ "k \ \·&, / ,._(f; / - __ ,_ '_,18.-�- _ 228.02' - � \.V _ \ / I 0::1 06 �� / -- ., S88"59'59-W 808.24' DEDICATED TOTHE PUBLIC ) • � � I ' -.. , __,,' w !,W I I \ \ / / ' 1 $ FOR ROAD PURPOSES I -\42 29 9 ' 6 -�; --------- \ ,..,_� Q U!C, I <:: 5 � 1 V 7 / ./ I /I' .........._ ', i � 1 50.��?•59•59• w 808.24' 1 50.00· 1 50.00' 85.00' 45.7 4' ' - -� �;��1JENT \ 45,2!s sF ..._ ()":>.,, 17.i � � I I o, o@ � : - '>< / 13 / §; ----1.!l.,07'_ 1 23.24' ___ 1 50.00'__ _ __ - _ - - - - - - AREA \ �08 j I !c_Q__T_ll_ 0::: 1 1 U1 I� DRAINAGE ✓VI� 45,683 SF o;;::.· / 15 w 1 !l�j_,s'_t_�ll��I 1-2w,: & 1� EASEMENT < �. / """ I \ \ \ \ WELL SETBACK 4 � I • • I w, Ii] : � -..., t,, /.$" / / / --- --7 1 - -- 7 ,---7 1---7 1-- -7 ,---, , - -7 ,r ., PER NR s1 20 ':., / �,�� !i � I - - - - - -- -1 °' i'l , g ,,, -.... 0-, /,� / I I I I I I I I I I I I l* \ \ z,r-+ \ __ J_ DRAINAGE \ /' •"' � � � llfl 'v:'-.,. , '{9�70_ / .f,> / 12 / 0o / j j • I j _0 j 2 [' \ g 20 EASEMENT \ / ""· ,.,'!l w j ::'.I 1:f •.. •,.., ' � 45,683 SF ,_ / I / I I I I I � C! ;c Ul \ J,. -i \ "I,,-., �t,..' w� I w 1 8 �9'6'"� ' I / I "' "' I go_ I" Igo_ I � I I§ I o:i'.!J, \ q J; / I I 9 12 ;,, "- )'- / WELL SETBACK / t; / I � I � N01' 00'01"W 20.00'I I 7 ,., ,., �\Jl \ 't q \ / w �I '-9 ,/ _,,,,,,-- '!F, N N j:::: N 48 000 SF > j I > j 0 1; \i � � I LOT 14 I a I � �6':,,.; V /< � ,. : ER NR 812 .0B / f I 11 . I ; I I I � I I � I I � J� 8 _ �• - � 9 �"' 0 ' - � - � - �' _ -' _ � 5 j _ _ -.I Sse. , \ � 48,o�o SF I � I 5 °" .,_ \ \ � ! \ ��}2��JF 1 \ � � I I BRANDENR1DGE j M �jl / --:f.'.t.s,. / "' / 46,467 SF §l. l � lf!:l 10 b "' 9 9 .t!- --------4.Q·0o�,_ I 8 I 8 48 092S F \ ?' 0> � = --------- - <........ -.....,!'P <; ,_ ;:._, 1- N ,r.i 48,007 SF 8 1 b 20' � 48,000 SF I 8,� - js88'59'59"W 1 50.ooj b ---T - , --.:: __ 1s?,,nl � I I �o I ' I i � ' .J � N9Elf:! I -� ........... --!.._B,1 I I Ml O ,., O f' Ill _ 0 1 /1/, --- -- -- .:...~· � \ O> '� W 100-vR PEAK WATER --......... .;>8, N N - 1- I I o 88•4 -- -. _L _ Nsa•59•59"EJ 2 _ 1 306.76_' ____ J_ - 100-vR PEAK WATER ,.9, o I 1N sToRM WATER 1v6 • , " ,.__, I N34"27'41"W I � �I � I� I� 8 � 0 1Jo'":.:.--:-.__ --. \ 1N sToRM WATER ", 6' >, > LEGEND: ■ - Denotes Found Concrete Monument 0 - Denotes Found 1" 0/D Iron Pipe @ - Denotes Found 3/4" Iron Rebar e - Denotes Set 1-1/4" X 18" Iron Rebar. 4.3 LBS./FT. E 0u ....: CJ) C Q) I Q) uru C C·- Q iss / POND (ELEV=996.55) � ,<e:.,e,,,� .........._-. .. t { 77.60' I 20' I l�o 1 20' I I 48,000 SF I I :o vv rs,:90-:- 1 --- t S07'50'34"E 20. 14•-l---l POND (ELEV=986.52) '�i � I --- --- -7 OUTLOT 1 �... 'V fl);> ' ✓ N88"08'06"W 20' 20' :! � I - 1 1 - D S8 RA 8'15 N 9 A '5 G 9 E 'w- l l - - 1 1 313.10• - - - - \ \ -\ \ � � ''ft6',, 33' 33' : ::1 r --------�': 1 �,-� 29 : 6 � 5 :F_____ _ � •r _ �::���- ::i I ,:::�:�oo- 1 � _ _ __ l__ __ _ J � L _ _ _ J L � ASEMEN'_J L ____ \_j �\--,---------��(��\ --------) ,,1� _ I i , DRAINAGE -----����wJ,�,�8_;,.;.:..:�g,J _Jgi�ML1�58�_7�0�. ��iJ=�lJ=.:::;1;;50�.o�oi:· J:sf�l_::..:::::i:150�.020·�;.:�L��;1µ50�-�ooi•:..:�JL��11250;.oo�· :._::_J�=-=..1!1 6�9�-3:i;,,::__±:_� , :� � All other corners set are 3/4" x 18" Iron Rebar, 15 LBS./ SF - Denotes lot areas to the nearest square foot. (ii) - Existing Well I ////// · No Direct Vehicular Access LOT 15 I ----- --- -------- EASEMENT ..__ ----- S88'59'59"W 928.06' \ '-.___ -- -/'-�- --- -�--- -- S88 ° 52'01"W I� "' I 8RA%���1D8� 1 : --------- ---------- ==-:::J 17 8•70' t--s01· 0T59"E 39.oo· _ _ _ __ _ ____ _ _ j,,-==- - - ����o��-3I2..:.5£ ___ __ _ _ _ _ __ _ _ -t - ---r ::...?�'!.§ '_ .::.-@ _ _ _ _ __ J ----- j 40' 33' I _ __,,'._ SS8°52'01 "W 343.61 ' -:.,1 _ - - - - - - - - - - -- -- - - - - - - - - - - - - - - --- --- -- - -- - - - � N01 "07'59"W 30.00'--) i-S01 '07'59"E 30.00' J �l ����rL�'�'�-= - � - � - � - =-�-� - � - =-�-��:�: 8 :�:�: · �� 1 �: w � - :�:�: - �: 8 · = - �- ; - �- ���;�;�.o�;i�i�;;�;�����-�-=7� - � - ;,�- ; - Jr�������;�,;�7';���� - �;�-�oo�-� - �-� - =-� - �-� - =- �- � - � - =- � - � - �-= - i-� - �� - � - � - � - t�:���:';�,�"�����,c� o :�� R ��� c � e � ss 4stsi�����?·�t����;� .. w�2�2��ts�7��- 1o�ot· ���3�0:·w91DrE���N D � S � C � A � P � E � E : A : SE � M : E � N 1 T ����� P 1 LA � l � N �V01�E �W�R�O�A�D�78�7t9.�05t'�!: � : . ����������siaa�;::�����)�"W� = � = ������4 All measurements have been made to the nearest one-hundredth of a foot and all angular measurements have been made to the nearest one second. - - - .,, PLAI NVIE W ROAD 850 • 70' 588���.1 •w � gi PLAINVIEW ROAD ,1--------!-l'l :_ ____ 0 _:'�::;b°:_" A !:;����;;!�'.!;�.'.:� P :!' o = P i:;.: ;. ;- ' _ c ____ +-· -°<:i�::S:m,.:;N"q-iii°fi'i:-------;7;:;;;;;;;;;:;;:7,;�I---- - -- - - KEE SUS <-'1. DEDICATED TO THE PUBLIC • SOUTH-LINE OF THE SW 114 SEC. 7, T8N, R1 9E _ _ S88'52'Q1 "W 91 Q .63 ' SE CORNER, SW 114 •• --R c O·A·.0·--t;;=��-=""""''"""""""'"""" ________'.: >0 ;:! R � R :: o � A � o ,:: Po � R �P� o ;se �s� W WARS-;;:;.--------j:-;-------------' _:--- - - - - - 588°52•o1•W 2276.15'- - -- w � = <-'2 f' _ L_!'.J�YIEW ROAD � SEC. 7, TBN, R19E --- � SWC ORNER, SW 1l4 S88 °52'01 "W 885.5 2' � u,: ____ __ , -- - -- -- CONC. MON.W I I - Q]lD- .9ll SEC. 7, TBN, R 19E _ _ __ _ _ _ _ _ _ __ _ _ _ __ __ _ _ - - - - - - - - - 801 0Q7'5g�- - - - -- NQ1 0Q7'5g"W - -- 1--- _______ - - - - - 7 - - - - - - -- - - BRASS CAP{ FO�ND) I BRANDENRIDGE'1--4�o c.. · +''"''-" rco Nc. MON. w1 uNPLATTED LAND� Yl:l!'�.IIW_l.lo!-!Q.1 1 1 I 33 , I lo!:!QJLIQ!:i I BRASS CAP (FOUND) OWNER MERTON COMMUNITY SCHOOL DIST 50.Q Q' 50. QQ' OWNER DAWN M OLESZAK & GERALD L BURIAN JR I !'�f3.�E!,1�§.t,,,l_l�fl!� : ?�f3.�E!, __ g:§t,,,l_l�fl!� j' rU;-LA:;:;:-ED�� l_ j&P TL OT 1 CSM 7241 33' I OWNER: JAY R & KELLY M MEISSNER Prepared by: PINNACLE ENGI NE ERING GROUP 20725 WATERTOWN ROAD I SUI TE 100 BROOKFIELD, WI 53186 Owner/Subdivider HARTFORD LAND DEVELOPMEN T, LLC Attn: Michael J. l<aere� 11600 West Lincoln Avenue LAKE FIV E FARM S REFERENCE BEARING: THE WEST LINE OF THE SOUTHWEST QUARTER (SW 1/4) OF SECTION 7, TOWN 8 NORTH, RANGE 19 EAST WAS USED AS TH E REFERENCE BEARING AND HAS A BEARING OF N 00 ° 55'30" E BASED ON THE WISCONSIN STATE PLAN E COORDI NATE SYSTEM, SOUTH ZONE (NAO. 19 27). There are no objections to this plat with respect to Secs. 236.1 5, 236.16 , 236.20 and 236.21 (1 ) and (2), Wis. Stats. as provided by s. 236.12, Wis. Stats. ■- ■ -■ OFFICE: (2621 754-8888 WWW.PINNA CLE-ENGR .COM West Allis, WI 53227 414-321 -5300 This instrument drafted by John P. Konopach:i, PLS-Registration No. 5-2461 PI N NACLE ENG INEER ING GR OUP LOT 1 OF C.S. M. 7888 AN D ADDITIO NAL LAN DS IN TH E NE 1/4 , SE 1/ 4, SW 1/4 AN D NW 1/4 OF TH E SW 1/4 OF SEC TION 7, T8N, R19E , VILL AG E OF LIS BON, WAU KESHA COU NTY, WISCO NSIN REFERENCE BENCHM ARK: 10 01 .38 (N.GV .D . 29) THE TOP OF A CONCRETE MONUME NT WITH BRASS CAP MARKING THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER (SW 1/4) OF SECTION 7, TOWN 8 NORTH, RANGE 19 EAST. Certified ________ , 20 __ Department of Admin istration • PEG JOB#2444.00WI SHEET 1 OF 2 REQUEST FOR CONSIDERATION Committee/Board Public Works & Utility Committee Topic: Grinder Pump Replacement From: Daniel Green Department: Administration Presenter: Daniel Green Date of Committee Action 1/21/2026 Date of Village Board Action: BACKGROUND INFORMATION On Tuesday, January 8 th, a grinder pump needed to be replaced at N75W22467 Chestnut Hill Road. We replaced the pump with a reserve pump available at the Highway garage. Normally we take the deactivated pumps and have them repaired by Wisconsin Pump Works. The repairs for the pump that was removed came in much higher than we typically see. Repairing the old pump would cost $2,115.99. The inspection of the pump did not show signs of negligence, but was due to wear and tear, including rusty bearings and deteriorated motor housing. The alternative option is to buy a new pump and keep that as a backup. The cost for a new pump is $3,028. The pump that was removed from the Chestnut Hill Road home is from 2014. Staff Recommendation Staff recommends purchasing a new E/One pump to be kept at the Highway Garage for future grinder pump replacement. The additional cost for a new pump compared to a repaired pump is $912.01. Wisconsin Pump Works 1720 Fire Lane Dr Green Bay, WI 54311 Quote #QTE010579 01/08/2026 Thank you for your business. Toll Free: 877-645-8004 | Email: info@wisconsinpumpworks.com | Website: http://www.wisconsinpumpworks.com QTE010579 1 of 2 Bill To Ship To Lisbon WI, Village of W234 N8676 Woodside Road Lisbon WI 53089 United States Phone:  Lisbon WI, Village of N72W24958 Good Hope Rd Lisbon WI 53089 United States Details Quote for in shop repair of D206, serial number DH343284 03/09. Unit ohm'd good but when put in test tank unit just hummed. Separated pump and found evidence of water in motor cavity, both bearings rusty and tight. Pump motor housing is deteriorated from corrosion. We could repair but do recommend replacement. Prepared By Phone Email Ben Edlebeck 877-645-8004 info@wisconsinpumpworks.com Sales Rep Expires Terms Michael Soiney 01/18/2026 Credit Card Item Comment QTY Rate Amount 14509 E/ONE STATOR/LINER ASSY, EXTREME (8203) 1 $99.05 $99.05 14307 E/ONE MECHANICAL SEAL KIT 1208 w/ (4) MAIN O-RINGS & (7) LOCKNUTS (NC0040G01) 1 $61.89 $61.89 13899 E/ONE BEARING PUMP END (200, 2000, EXTREME) (5015) 1 $40.99 $40.99 13901 E/ONE BEARING TOP (2000, EXTREME) 5035 1 $90.03 $90.03 13902 E/ONE BLUE GROMMET, SS DISCHARGE TO VALVE (6034) 1 $6.14 $6.14 14316 E/ONE MOTOR CONTROLLER BOARD ASSEMBLY, 240V / 60Hz NB0494G01 (1265) 1 $270.97 $270.97 14363 E/ONE PRESSURE SWITCH, ON/ OFF W/ O-RINGS (7290) 1 $73.12 $73.12 14364 E/ONE PRESSURE SWITCH, ALARM W/ O-RINGS (7291) 1 $73.12 $73.12 Wisconsin Pump Works 1720 Fire Lane Dr Green Bay, WI 54311 Quote #QTE010579 01/08/2026 Thank you for your business. Toll Free: 877-645-8004 | Email: info@wisconsinpumpworks.com | Website: http://www.wisconsinpumpworks.com QTE010579 2 of 2 Item Comment QTY Rate Amount 14408 E/ONE SEAL, LEVEL SENSING HOUSING, EXTREME (MANUFACTURED PRIOR TO 1/2018) (6203) 1 $4.16 $4.16 13934 E/ONE CONTROL HOUSING, STANDARD PAINT, D - SERIES , HARDWIRED NC0037G01 (2214) 1 $671.52 $671.52 22567 SHOP LABOR - E/ONE Diagnose, Repair, Test 5 $145.00 $725.00   Subtotal $2,115.99     Total $2,115.99   Pricing is valid for 10 days and does not include freight charges or applicable taxes. Items quoted for repair and leftover 30 days, without a decision to repair, will be discarded.   Signature:_____________________________________________________     Date:____________ NOTE: All orders are subject to Tariff Surcharges. Tariff Surcharges are based on Tariff values charged by individual Vendors and are not set amount. These Tariff Surcharges are subject to change at any time. Online credit card/ECheck payments are handled by a third party processor and 3% fees will apply when making payment. ACCEPTANCE The following Terms and Conditions are an integral part of the offer to sell the equipment and/or services offered in this proposal. When the BUYER signifies acceptance of this quotation by submission of a Purchase Order or signed SELLER Quotation, it shall become a binding contract when accepted and signed by an authorized signer of the SELLER. Any changes or amendments to this proposal made by the BUYER must have SELLER’s approval in writing to become a part of this contract. These Terms and Conditions and the accompanying Purchase Order or signed SELLER Quotation shall comprise the entire agreement between the parties and no course of prior dealings between the parties and no usage of the trade shall be relevant to supplement or explain any terms used in this contract. Unless stated otherwise, the terms and conditions of the manufacturers listed herein will apply to this quotation Any attachments or listed documents are considered a part of this quotation and are made part of the agreement. Quote is firm for thirty (30) days unless otherwise stated on the face of the attached quotation. APPROVAL DRAWINGS All items listed are based on SELLER’S interpretation of the requirements in accordance with the plans and specifications. Any preliminary drawings or literature attached to our quotation are for illustration purposes only to show approximate arrangements. Specific drawings and submittal data will be furnished for approval as required after receipt and acceptance of the BUYER’S order. Any submittal or manuals when provided by SELLER will be in the form of a PDF electronic file only. Any form of media beyond the electronic file would be the responsibility of BUYER. Fabrication of products or equipment ordered will not begin until approval and direction to proceed is received in writing. No warranty is made regarding quantities, materials of construction or type of materials quoted. Operation, installation, and maintenance of materials quoted are the responsibility of the OWNER or CONTRACTOR. DELIVERY Any shipment or delivery date recited represents our best estimate, but no liability, direct or indirect, is assumed by SELLER for failure to ship or deliver on such dates. Unless otherwise directed, SELLER shall have the right to make early or partial shipments and invoices covering the same to BUYER shall be due and payable in accordance with payment terms hereof. FOB shall be origin unless stated otherwise on the front of these Terms and Conditions. Delivery schedule(s) will be contingent on supply-chain availability and variability for material components, therefore, lead- times are subject to change without notice. Published weights are careful estimates but are not guaranteed. SELLER will endeavor, insofar, as it is possible, to comply with shipping instructions specified by the Purchaser. However, SELLER reserves the right to ship merchandise by such means of transportation as it may select. The manufacturer will ship the equipment via best way. Demurrage shall be billed to the account of the Purchaser. DAMAGE CLAIMS: Care is taken in packaging all shipments. After BUYER has been given the receipt by the transportation company, all claims for breakage or shortages, whether concealed or obvious, must be made in writing by the BUYER to the carrier and SELLER within seven (7) days after receipt of shipment. When damage or shortages are obvious, written comments on the bill of lading are required before the driver is released.. RETURNED PRODUCTS: In no instance is equipment to be returned without first obtaining SELLERS written approval and returned materials authorization. If shipment is postponed at the request of the purchaser after manufacturing has been commenced, payment will be due on notice from us that the equipment is ready for shipment. Pro rata payments shall be made for partial shipments. STORAGE Any item of the product on which shipment is delayed by BUYER may be placed in storage by SELLER at BUYER’S expense and risk. If a delay in shipment is requested by BUYER after an order has been entered and accepted: a. No charge will be made if the request for delay is made more than six (6) weeks before acknowledged shipping date and the requested delay is for a period not in excess of thirty (30) days. b. A charge will be made if the requested delay exceeds a period of thirty (30) days or if the request is made within six (6) weeks of the acknowledged shipping date. SELLER will advise BUYER of the charge within ten (10) days of receiving BUYER’S request for delay. c. If the product is within six (6) weeks of the acknowledged shipping date, then SELLER has the option of completing, invoicing and storing the product and charging one and one-half percent (1.5%) per month, or the maximum percentage permitted by law, whichever is lesser, of the established price for such product, plus storage cost. PAYMENT Payment terms, upon credit approval, are of net thirty (30) days from the date of each invoice for material shipped (or when ready for shipment if shipment is deferred by BUYER) unless stated otherwise on the face of the attached quotation. Flow down provisions are not accepted and shall not be enforceable against SELLER. Retention is not allowed. In the event any payment becomes past due, a charge of one- half percent (1.5%) will be assessed monthly. These terms are completely independent from, and not contingent upon, when BUYER receives payment from the OWNER. A processing fee of up to four percent (4%) will be added for credit card payments. All merchandise sold is subject to lien laws. Partial or final payment shall constitute acceptance of delivered materials, products, or equipment. FORCE MAJEURE Neither Party will be liable for any failure or delay in performing an obligation under these Terms and Conditions that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy. For the avoidance of doubt, Force Majeure shall not include (a) financial distress nor the inability of either party to make a profit or avoid a financial loss, (b) changes in market prices or conditions, or (c) a party’s financial inability to perform its obligations hereunder. TAXES AND BONDS Taxes and bonds are NOT included in our pricing. Any applicable taxes or bonds will be added to the price and shown separately on each invoice. All prices exclude sales, use, duties, excise, and other taxes in respect to manufacture, sale, or delivery, all of which are to be paid by the buyer unless a proper exemption certificate is furnished. BUYER agrees to reimburse our company for taxes SELLER must pay on BUYER’S behalf. PRICE ESCALATION and/or MATERIAL DEPOSITS If between the proposal date and actual procurement and through no fault of the SELLER, the relevant cost of labor, material, freight, brokerage fees, tariffs, and other SELLER costs combined relating to the contract increase, then the contract price shall be subject to escalation and increased accordingly. If required by the BUYER, increase shall be verified by documentation and the amount of contract price escalation shall be calculated as either the actual increased cost to the Seller or, if agreed by the Parties, the equivalent increase of a relevant industry recognized third- party index. SELLER shall undertake good faith efforts to obtain savings in its procurement of materials to avoid escalation costs. BUYER shall cooperate with SELLER in such efforts to obtain such cost savings. SELLER shall contemporaneously track any escalation costs. CLAIMS AND BACKCHARGES BUYER agrees to examine all materials immediately upon delivery and report to SELLER in writing any defects or shortages noted no later than ten (10) days following the date of receipt. The parties agree that if no such claim is made within said time, it shall be considered acceptable and in good order with respect to any defect or shortage which would have been revealed by such an inspection. In no event will SELLER be responsible for any charge for modification, servicing, adjustment or for any other expense without written authorization from SELLER prior to the performance of any such work. IN NO EVENT SHALL SELLER BE LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, FOR ANY REASON, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING OUT OF A DELAY IN OR FAILURE OF DELIVERY, DEFECTS IN MATERIAL AND WORKMANSHIP AND/OR FAILURE OF GOODS TO PERFORM TO APPLICABLE SPECIFICATIONS, DRAWINGS, BLUEPRINTS OR SAMPLES AS SET FORTH OR DESCRIBED HEREIN, IF ANY, OF A BREACH BY SELLER OF ANY OTHER TERM OR OBLIGATION OF SELLER UNDER THE CONTRACT. No penalty clauses of any description will be effective unless approved in writing over the signature of a principal of SELLER. Under no circumstances shall SELLER be liable for any consequential, special or incidental damages, including liquidated damages, arising from any breach by it in this transaction, AND ALL SUCH CONSEQUENTIAL, SPECIAL AND INCIDENTAL DAMAGES, INCLUDING LIQUIDATED DAMAGES, A RE EXCLUDED FROM ANY REMEDIES AVAILABLE TO THE BUYER. SECURITY INTEREST & TITLE Until all amounts due SELLER have been paid in full, SELLER shall retain a security interest in the product and have all rights of a secured party under the Uniform Commercial Code and applicable law, including the right to repossess the product or equipment without legal process and the right to require the BUYER to assemble the equipment and make it available to SELLER at a place reasonably convenient to both parties. WARRANTY Equipment and parts not manufactured by the SELLER carry only the warranty of the manufacturer of said parts. SELLER does not make any express or implied warranty for equipment and/or parts it did not manufacture. Credits for defective material and workmanship in said equipment and/or parts are only in accordance with the underlying company policy of the manufacturer. SELLER makes no warranty whatsoever with respect to any equipment and/or parts as to their merchantability or fitness for a particular purpose. It is further agreed that the SELLER assumes no liability whatsoever for failure of equipment due to normal usage and wear. INDEMNIFICATION To the fullest extent permitted by the law in which the project is located, BUYER and SELLER shall indemnify and hold one another and their respective employees and agents harmless from and against all claims, damages, losses, liabilities, actions, causes of action, demands, fines, penalties, judgments, costs, and expenses, including but not limited to attorneys’ fees, court costs, expert fees and costs, arising out of or resulting from BUYER’s or SELLER’s own negligent acts, omissions or misconduct, to the extent such negligence is covered by BUYER’s and SELLER’s respective insurance policies. In the event any third party asserts against SELLER a claim for patent infringement, royalties or licensing fees with respect to BUYER’s use of the products, materials, or equipment provided hereunder, BUYER agrees to indemnity SELLER for all liability damages, costs and expenses in connection therewith. CANCELLATION Buyer may cancel this contract only in writing signed by BUYER’s duly authorized agent and acknowledged in writing by SELLER’s duly authorized agent. Should this order be cancelled, BUYER shall be obligated to pay for the level of work performed and products shipped. Work performed includes any engineering, calculations, preparation of submittals, drawings, and/or travel to job site in relation to this order. In addition to any other remedies provided under these Terms and Conditions, SELLER may terminate this contract with immediate effect by providing signed, written notice to BUYER, if BUYER: (i) fails to pay any amount when due under the contract and such failure continues for 30 days after BUYER’s receipt of written notice of nonpayment; (ii) has not otherwise performed or complied with any of these Terms and Conditions; or (iii) becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings in bankruptcy, receivership, reorganization or assignment for the benefit of creditors. FIELD WORK Unless specifically stated on our quotation, installation, start-up service, field testing, supervision, operation, and training are not included in our pricing of product. In the event that SELLER or any of its employees or agents do perform work or services on-site at the project’s location, BUYER agrees to hold SELLER and its employees or agents harmless for any injuries or damage to property caused by their acts or omission, except to the extent said injuries or property damage arise from gross negligence or intentional misconduct. MODIFICATIONS This contract can be modified only in writing which specifically states that it amends these Terms and Conditions and is signed by both parties and their duly authorized agents. It is further agreed that this contract shall not be modified in any respect except in writing signed by the party and their duly authorized agent against whom the modification is sought to be enforced. AUTHORITY OF SELLER’S AGENTS No agent, employee or representative of the SELLER has any authority to bind the SELLER to any affirmation, representation or warranty concerning the goods sold under this Contract, and unless an affirmation, representation or warranty made by an agent, employee, or representative is specifically included within this written contract, it shall not be enforceable by the BUYER. NO THIRD-PARTY BENEFICIARIES This contract is for the sole benefit of BUYER and SELLER and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms and Conditions. GOVERNING LAW All matters arising of or relating to the contract or the Terms and Conditions shall be governed by and construed in accordance with the laws of the state in which the project is located. DISPUTE RESOLUTION In the event of any dispute between BUYER and SELLER arising out of the terms of the contract and these Terms and Conditions, such dispute shall be decided by arbitration administered by the American Arbitration Association in accordance with the then-prevailing Commercial Arbitration Rules and Mediation Procedures of the American Arbitration Association. BUYER and SELLER mutually agree that any dispute involving claims valued at or above $1,000,000.00 shall be heard by a panel of three (3) arbitrators. The venue for all arbitration proceedings shall be the State of California. The foregoing agreement to arbitrate shall be specifically enforceable in any court of competent jurisdiction. The award rendered by the arbitrators shall be final and judgment may be entered upon it in accordance with applicable law in any court of competent jurisdiction. SEVERABILITY The partial or complete invalidity of any one or more provisions of these Terms and Conditions shall not affect the validity or continuing force and effect of any other provision. If any provision is invalid, in whole or in part, the provision shall be considered reformed to reflect the intent thereof to the greatest extent possible consistent with applicable law. ASSIGNMENT – DELEGATION No right or interest in this Contract shall be assigned by the BUYER without the written permission of the SELLER, and no delegation of any obligation owed, or of the performance of any obligation by the BUYER shall be made without the written permission of the SELLER. Any attempted assignment or delegation shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. Please Remit to: PO Box 735936 Chicago IL, 60673-5936 Online payment accepted at http://www.iowapumpworks.com Pay Now 3% charge for credit card and $2.25 charge for e-check PAST DUE INVOICES ARE SUBJECT TO 1.5% PER MONTH FINANCE CHARGE Wisconsin Pump Works 1720 Fire Lane Dr Green Bay, WI 54311 Quote #QTE010580 01/08/2026 Thank you for your business. Toll Free: 877-645-8004 | Email: info@wisconsinpumpworks.com | Website: http://www.wisconsinpumpworks.com QTE010580 1 of 1 Bill To Ship To Lisbon WI, Village of W234 N8676 Woodside Road Lisbon WI 53089 United States Phone:  Lisbon WI, Village of N72W24958 Good Hope Rd Lisbon WI 53089 United States Details Quote for sale of new D206 to replace unit in for repair. Prepared By Phone Email Ben Edlebeck 877-645-8004 info@wisconsinpumpworks.com Sales Rep Expires Terms Michael Soiney 01/18/2026 Credit Card Item Comment QTY Rate Amount 14574 E/ONE UPDATE UD206A01A01AA EXTREME D- Series Update Core, Extreme, 240V, 12' Core Cable, Candy Cane Discharge, Wired Level Controls 1 $3,028.00 $3,028.00   Subtotal $3,028.00     Total $3,028.00   Pricing is valid for 10 days and does not include freight charges or applicable taxes. Items quoted for repair and leftover 30 days, without a decision to repair, will be discarded.   Signature:_____________________________________________________     Date:____________ NOTE: All orders are subject to Tariff Surcharges. Tariff Surcharges are based on Tariff values charged by individual Vendors and are not set amount. These Tariff Surcharges are subject to change at any time. Online credit card/ECheck payments are handled by a third party processor and 3% fees will apply when making payment. ACCEPTANCE The following Terms and Conditions are an integral part of the offer to sell the equipment and/or services offered in this proposal. When the BUYER signifies acceptance of this quotation by submission of a Purchase Order or signed SELLER Quotation, it shall become a binding contract when accepted and signed by an authorized signer of the SELLER. Any changes or amendments to this proposal made by the BUYER must have SELLER’s approval in writing to become a part of this contract. These Terms and Conditions and the accompanying Purchase Order or signed SELLER Quotation shall comprise the entire agreement between the parties and no course of prior dealings between the parties and no usage of the trade shall be relevant to supplement or explain any terms used in this contract. Unless stated otherwise, the terms and conditions of the manufacturers listed herein will apply to this quotation Any attachments or listed documents are considered a part of this quotation and are made part of the agreement. Quote is firm for thirty (30) days unless otherwise stated on the face of the attached quotation. APPROVAL DRAWINGS All items listed are based on SELLER’S interpretation of the requirements in accordance with the plans and specifications. Any preliminary drawings or literature attached to our quotation are for illustration purposes only to show approximate arrangements. Specific drawings and submittal data will be furnished for approval as required after receipt and acceptance of the BUYER’S order. Any submittal or manuals when provided by SELLER will be in the form of a PDF electronic file only. Any form of media beyond the electronic file would be the responsibility of BUYER. Fabrication of products or equipment ordered will not begin until approval and direction to proceed is received in writing. No warranty is made regarding quantities, materials of construction or type of materials quoted. Operation, installation, and maintenance of materials quoted are the responsibility of the OWNER or CONTRACTOR. DELIVERY Any shipment or delivery date recited represents our best estimate, but no liability, direct or indirect, is assumed by SELLER for failure to ship or deliver on such dates. Unless otherwise directed, SELLER shall have the right to make early or partial shipments and invoices covering the same to BUYER shall be due and payable in accordance with payment terms hereof. FOB shall be origin unless stated otherwise on the front of these Terms and Conditions. Delivery schedule(s) will be contingent on supply-chain availability and variability for material components, therefore, lead- times are subject to change without notice. Published weights are careful estimates but are not guaranteed. SELLER will endeavor, insofar, as it is possible, to comply with shipping instructions specified by the Purchaser. However, SELLER reserves the right to ship merchandise by such means of transportation as it may select. The manufacturer will ship the equipment via best way. Demurrage shall be billed to the account of the Purchaser. DAMAGE CLAIMS: Care is taken in packaging all shipments. After BUYER has been given the receipt by the transportation company, all claims for breakage or shortages, whether concealed or obvious, must be made in writing by the BUYER to the carrier and SELLER within seven (7) days after receipt of shipment. When damage or shortages are obvious, written comments on the bill of lading are required before the driver is released.. RETURNED PRODUCTS: In no instance is equipment to be returned without first obtaining SELLERS written approval and returned materials authorization. If shipment is postponed at the request of the purchaser after manufacturing has been commenced, payment will be due on notice from us that the equipment is ready for shipment. Pro rata payments shall be made for partial shipments. STORAGE Any item of the product on which shipment is delayed by BUYER may be placed in storage by SELLER at BUYER’S expense and risk. If a delay in shipment is requested by BUYER after an order has been entered and accepted: a. No charge will be made if the request for delay is made more than six (6) weeks before acknowledged shipping date and the requested delay is for a period not in excess of thirty (30) days. b. A charge will be made if the requested delay exceeds a period of thirty (30) days or if the request is made within six (6) weeks of the acknowledged shipping date. SELLER will advise BUYER of the charge within ten (10) days of receiving BUYER’S request for delay. c. If the product is within six (6) weeks of the acknowledged shipping date, then SELLER has the option of completing, invoicing and storing the product and charging one and one-half percent (1.5%) per month, or the maximum percentage permitted by law, whichever is lesser, of the established price for such product, plus storage cost. PAYMENT Payment terms, upon credit approval, are of net thirty (30) days from the date of each invoice for material shipped (or when ready for shipment if shipment is deferred by BUYER) unless stated otherwise on the face of the attached quotation. Flow down provisions are not accepted and shall not be enforceable against SELLER. Retention is not allowed. In the event any payment becomes past due, a charge of one- half percent (1.5%) will be assessed monthly. These terms are completely independent from, and not contingent upon, when BUYER receives payment from the OWNER. A processing fee of up to four percent (4%) will be added for credit card payments. All merchandise sold is subject to lien laws. Partial or final payment shall constitute acceptance of delivered materials, products, or equipment. FORCE MAJEURE Neither Party will be liable for any failure or delay in performing an obligation under these Terms and Conditions that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy. For the avoidance of doubt, Force Majeure shall not include (a) financial distress nor the inability of either party to make a profit or avoid a financial loss, (b) changes in market prices or conditions, or (c) a party’s financial inability to perform its obligations hereunder. TAXES AND BONDS Taxes and bonds are NOT included in our pricing. Any applicable taxes or bonds will be added to the price and shown separately on each invoice. All prices exclude sales, use, duties, excise, and other taxes in respect to manufacture, sale, or delivery, all of which are to be paid by the buyer unless a proper exemption certificate is furnished. BUYER agrees to reimburse our company for taxes SELLER must pay on BUYER’S behalf. PRICE ESCALATION and/or MATERIAL DEPOSITS If between the proposal date and actual procurement and through no fault of the SELLER, the relevant cost of labor, material, freight, brokerage fees, tariffs, and other SELLER costs combined relating to the contract increase, then the contract price shall be subject to escalation and increased accordingly. If required by the BUYER, increase shall be verified by documentation and the amount of contract price escalation shall be calculated as either the actual increased cost to the Seller or, if agreed by the Parties, the equivalent increase of a relevant industry recognized third- party index. SELLER shall undertake good faith efforts to obtain savings in its procurement of materials to avoid escalation costs. BUYER shall cooperate with SELLER in such efforts to obtain such cost savings. SELLER shall contemporaneously track any escalation costs. CLAIMS AND BACKCHARGES BUYER agrees to examine all materials immediately upon delivery and report to SELLER in writing any defects or shortages noted no later than ten (10) days following the date of receipt. The parties agree that if no such claim is made within said time, it shall be considered acceptable and in good order with respect to any defect or shortage which would have been revealed by such an inspection. In no event will SELLER be responsible for any charge for modification, servicing, adjustment or for any other expense without written authorization from SELLER prior to the performance of any such work. IN NO EVENT SHALL SELLER BE LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, FOR ANY REASON, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING OUT OF A DELAY IN OR FAILURE OF DELIVERY, DEFECTS IN MATERIAL AND WORKMANSHIP AND/OR FAILURE OF GOODS TO PERFORM TO APPLICABLE SPECIFICATIONS, DRAWINGS, BLUEPRINTS OR SAMPLES AS SET FORTH OR DESCRIBED HEREIN, IF ANY, OF A BREACH BY SELLER OF ANY OTHER TERM OR OBLIGATION OF SELLER UNDER THE CONTRACT. No penalty clauses of any description will be effective unless approved in writing over the signature of a principal of SELLER. Under no circumstances shall SELLER be liable for any consequential, special or incidental damages, including liquidated damages, arising from any breach by it in this transaction, AND ALL SUCH CONSEQUENTIAL, SPECIAL AND INCIDENTAL DAMAGES, INCLUDING LIQUIDATED DAMAGES, A RE EXCLUDED FROM ANY REMEDIES AVAILABLE TO THE BUYER. SECURITY INTEREST & TITLE Until all amounts due SELLER have been paid in full, SELLER shall retain a security interest in the product and have all rights of a secured party under the Uniform Commercial Code and applicable law, including the right to repossess the product or equipment without legal process and the right to require the BUYER to assemble the equipment and make it available to SELLER at a place reasonably convenient to both parties. WARRANTY Equipment and parts not manufactured by the SELLER carry only the warranty of the manufacturer of said parts. SELLER does not make any express or implied warranty for equipment and/or parts it did not manufacture. Credits for defective material and workmanship in said equipment and/or parts are only in accordance with the underlying company policy of the manufacturer. SELLER makes no warranty whatsoever with respect to any equipment and/or parts as to their merchantability or fitness for a particular purpose. It is further agreed that the SELLER assumes no liability whatsoever for failure of equipment due to normal usage and wear. INDEMNIFICATION To the fullest extent permitted by the law in which the project is located, BUYER and SELLER shall indemnify and hold one another and their respective employees and agents harmless from and against all claims, damages, losses, liabilities, actions, causes of action, demands, fines, penalties, judgments, costs, and expenses, including but not limited to attorneys’ fees, court costs, expert fees and costs, arising out of or resulting from BUYER’s or SELLER’s own negligent acts, omissions or misconduct, to the extent such negligence is covered by BUYER’s and SELLER’s respective insurance policies. In the event any third party asserts against SELLER a claim for patent infringement, royalties or licensing fees with respect to BUYER’s use of the products, materials, or equipment provided hereunder, BUYER agrees to indemnity SELLER for all liability damages, costs and expenses in connection therewith. CANCELLATION Buyer may cancel this contract only in writing signed by BUYER’s duly authorized agent and acknowledged in writing by SELLER’s duly authorized agent. Should this order be cancelled, BUYER shall be obligated to pay for the level of work performed and products shipped. Work performed includes any engineering, calculations, preparation of submittals, drawings, and/or travel to job site in relation to this order. In addition to any other remedies provided under these Terms and Conditions, SELLER may terminate this contract with immediate effect by providing signed, written notice to BUYER, if BUYER: (i) fails to pay any amount when due under the contract and such failure continues for 30 days after BUYER’s receipt of written notice of nonpayment; (ii) has not otherwise performed or complied with any of these Terms and Conditions; or (iii) becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings in bankruptcy, receivership, reorganization or assignment for the benefit of creditors. FIELD WORK Unless specifically stated on our quotation, installation, start-up service, field testing, supervision, operation, and training are not included in our pricing of product. In the event that SELLER or any of its employees or agents do perform work or services on-site at the project’s location, BUYER agrees to hold SELLER and its employees or agents harmless for any injuries or damage to property caused by their acts or omission, except to the extent said injuries or property damage arise from gross negligence or intentional misconduct. MODIFICATIONS This contract can be modified only in writing which specifically states that it amends these Terms and Conditions and is signed by both parties and their duly authorized agents. It is further agreed that this contract shall not be modified in any respect except in writing signed by the party and their duly authorized agent against whom the modification is sought to be enforced. AUTHORITY OF SELLER’S AGENTS No agent, employee or representative of the SELLER has any authority to bind the SELLER to any affirmation, representation or warranty concerning the goods sold under this Contract, and unless an affirmation, representation or warranty made by an agent, employee, or representative is specifically included within this written contract, it shall not be enforceable by the BUYER. NO THIRD-PARTY BENEFICIARIES This contract is for the sole benefit of BUYER and SELLER and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms and Conditions. GOVERNING LAW All matters arising of or relating to the contract or the Terms and Conditions shall be governed by and construed in accordance with the laws of the state in which the project is located. DISPUTE RESOLUTION In the event of any dispute between BUYER and SELLER arising out of the terms of the contract and these Terms and Conditions, such dispute shall be decided by arbitration administered by the American Arbitration Association in accordance with the then-prevailing Commercial Arbitration Rules and Mediation Procedures of the American Arbitration Association. BUYER and SELLER mutually agree that any dispute involving claims valued at or above $1,000,000.00 shall be heard by a panel of three (3) arbitrators. The venue for all arbitration proceedings shall be the State of California. The foregoing agreement to arbitrate shall be specifically enforceable in any court of competent jurisdiction. The award rendered by the arbitrators shall be final and judgment may be entered upon it in accordance with applicable law in any court of competent jurisdiction. SEVERABILITY The partial or complete invalidity of any one or more provisions of these Terms and Conditions shall not affect the validity or continuing force and effect of any other provision. If any provision is invalid, in whole or in part, the provision shall be considered reformed to reflect the intent thereof to the greatest extent possible consistent with applicable law. ASSIGNMENT – DELEGATION No right or interest in this Contract shall be assigned by the BUYER without the written permission of the SELLER, and no delegation of any obligation owed, or of the performance of any obligation by the BUYER shall be made without the written permission of the SELLER. Any attempted assignment or delegation shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. Please Remit to: PO Box 735936 Chicago IL, 60673-5936 Online payment accepted at http://www.iowapumpworks.com Pay Now 3% charge for credit card and $2.25 charge for e-check PAST DUE INVOICES ARE SUBJECT TO 1.5% PER MONTH FINANCE CHARGE