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CCR2012033-Agreement Page 1 of 1 CITY OF MUSKEGO Staff Report to Public Works Committee To: Public Works Committee From: David Simpson, P.E., Director of Public Works/City Engineer Subject: Review Funding Agreement MU04 between the City and MMSD for Private Property Infiltration & Inflow Reduction Program Date: March 16, 2012 The attached agreement will provide for grant funding from the MMSD to the City to complete the necessary repair work to defects that were discovered during the first phase of the City’s Private Property Infiltration & Inflow Reduction project. The first phase of investigation detected five homes with lateral defects and six homes that will benefit from the installation of a groundwater migration barrier (trench dam). The attached agreement will provide for the funding of the work by the MMSD. No contributions will be required of the homeowners. At this point, participation will be voluntary. Recommendation: Recommend approval of Funding Agreement MU04 between the City and MMSD. Funding Agreement MU04 Private Property Infiltration and Inflow Reduction Agreement This Agreement is made between the Milwaukee Metropolitan Sewerage District (District) with its principal place of business at 260 West Seeboth Street, Milwaukee, Wisconsin 53204-1446 and the City of Muskego (Municipality), with its municipal offices at W182S8200 Racine Ave, Muskego, Wisconsin 53150. WHEREAS, Wisconsin law, through Section 66.30 Stats., authorizes any municipality to enter into an intergovernmental cooperation agreement with another municipality for the furnishing of services; and WHEREAS, the District is responsible for collecting and treating wastewater from the Municipality’s locally owned collection system; and WHEREAS, the Municipality’s sewers collect wastewater from lateral sewers located on private property and owned by private property owners; and WHEREAS, during wet weather events stormwater enters lateral sewers through defective pipes and leaky joints and connections (“infiltration) and stormwater also enters lateral sewers from foundation drains, improper connections and other sources (“inflow”); infiltration and inflow increases the amount of wastewater that the District must collect and treat; and WHEREAS, during wet weather events infiltration and inflow (“I/I”) into privately owned sewers contributes to the risk of sewer overflows and basement backups; and WHEREAS, the District wishes to fund measures to reduce I/I from private property. Now, therefore, for the consideration of the mutual promises made by the parties to this Agreement, the parties agree as follows: 1. Date of Agreement This Agreement becomes effective immediately upon signature by both parties and shall end when the Work has been completed; or when this Agreement is otherwise terminated as set forth herein. 2. District Funding The District shall fund the cost of the private property I/I control work described in Attachment A (“the Work”) up to a cost of $42,000, plus unspent authorized money from previous Funding Agreements. Design work will be done by a consultant (Brown & Caldwell) currently under contract with the District. The District shall pay the consultant invoices directly, after review and concurrence by the Municipality. Construction work will be done by a Contractor to be determined through public bidding. The District will reimburse Municipality for Contractor costs. Beyond the financial support for the Work, the District shall have no involvement in ownership, construction, maintenance or operation of the Work. The Municipality shall identify the District as a funder in informational literature and signage. Muskego Funding Agreement #4 Private Property Infiltration and Inflow Control Page 2 of 8 3. Procedure for Payment The District shall pay consultant invoices directly. Upon receipt of invoices the District shall transmit copies of the invoices to the Municipality. The Municipality shall review the invoices within 5 working days, and will indicate if it identifies any discrepancies or problems. The invoice amount(s) paid directly by the District shall be deducted from City of Muskego remaining allocation balance. For Contractor costs, the Municipality shall submit an invoice to the District for the amount to be reimbursed. The invoice should include a documentation of all costs to be reimbursed. Invoices from consultants shall provide the hourly billing rates, if applicable, the hours worked by individuals, and a summary of the tasks accomplished. Reports and invoices shall be submitted to: Jerome Flogel, P.E. Senior Project Manager Milwaukee Metropolitan Sewerage District 260 West Seeboth Street Milwaukee, WI 53204 – 1446 No final reimbursement will be provided until the project is complete and the Deliverables have been received. 4. Deliverables Municipality shall provide the Deliverables listed in Attachment A to the District to the attention of: Jerome Flogel, P.E. Senior Project Manager Milwaukee Metropolitan Sewerage District 260 West Seeboth Street Milwaukee, WI 53204 – 1446 5. Changes in Work and Modifications to the Agreement Any changes to the Work must be approved by the District, in writing, in advance. The District may not reimburse for work that is not included in Attachment A unless prior written approval from the District is obtained. This Agreement may be modified only by a writing signed by both parties. 6. Ongoing Reporting Obligation For a period of five years following the completion of the Work, the Municipality agrees to report to the District any problems which may arise with the completed Work. This information may be used by the District in planning future I/I reduction efforts. Muskego Funding Agreement #4 Private Property Infiltration and Inflow Control Page 3 of 8 7. Permits, Certificates and Licenses The Municipality is solely responsible for ensuring compliance with all federal, state and local laws requiring permits, certificates and licenses required to implement the Work. 8. Public Bidding In addition to the statutory requirements applicable to the Municipality, any work done and any purchases of materials and supplies involving an expenditure of greater than $25,000 shall be subject to public bidding, with a contract awarded to the lowest responsible bidder complying with the invitation to bid. 9. Responsibility for Work, Insurance and Indemnification The Municipality is solely responsible for planning, design, construction and maintenance of the Work, including the selection and payment of consultants, contractors, and materials. The Municipality is solely responsible for ensuring compliance with Wisconsin prevailing wage law. The District shall not provide any insurance coverage of any kind for the Work or the Municipality. The Municipality shall defend, indemnify and hold harmless the District and its Commissioners, employees, and agents against any and all damages, costs, liability and expense whatsoever (including attorneys fees and related disbursements) arising from or connected with the planning, design, construction, operation or maintenance of the Work. 10. Terminating the Agreement The District may terminate this Agreement at any time prior to commencement of the Work. After the Work has commenced, the District may terminate the Agreement only for good cause, such as, but not limited to, breach of agreement by the Municipality. The Municipality may terminate the Agreement at any time, but will not receive any payment from the District if the Work is not completed. 11. Exclusive Agreement This is the entire Agreement between the Municipality and the District regarding reimbursement for Work. 12. Severability If any part of this Agreement is held unenforceable, the rest of the Agreement will continue in effect. 13. Applicable Law This Agreement is governed by the laws of the State of Wisconsin. 14. Resolving Disputes If a dispute arises under this Agreement, the parties agree to first try to resolve the dispute with the help of a mutually agreed-upon mediator in Milwaukee County. Any costs and fees other than attorney fees associated with the mediation shall be shared equally by the parties. If Muskego Funding Agreement #4 Private Property Infiltration and Inflow Control Page 4 of 8 the dispute is not resolved within 30 days after it is referred to the mediator, either party may take the matter to court. 15. Notices All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: ● when delivered personally to the recipient's address as stated on this Agreement; or ● three days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated on this Agreement. 16. No Partnership This Agreement does not create a partnership relationship nor give the Municipality the apparent authority to make promises binding upon the District. The Municipality does not have authority to enter into contracts on the District's behalf. 17. Assignment The Municipality may not assign any rights or obligations under this Agreement without the District's prior written approval. 18. Public Records The Municipality agrees to cooperate and assist the District in the production of any records in the possession of the Municipality that are subject to disclosure by the District pursuant to the State of Wisconsin’s Open Records Law, §§19.31-19.39, Wis. Stats. The Municipality agrees to indemnify the District against any and all claims, demands, and causes of action resulting from the Municipality’s failure to comply with this requirement. MILWAUKEE METROPOLITAN SEWERAGE CITY OF MUSKEGO DISTRICT By: By: Kevin L. Shafer, P.E. Kathy Chiaverotti Executive Director Mayor Date: Date: Approved as to form: ______ Attorney for the District Muskego Funding Agreement #4 Private Property Infiltration and Inflow Control Page 5 of 8 Attachment A Municipality: City of Muskego Type of Work: Design and Construction Title: Private Property Inflow and Infiltration (PPII) Reduction Work Plan #4 – Design and Construction of PPII Related Mitigation Measures Background An internal and external building inspection and lateral inspection of properties that participated in Work Plan #2 (70 properties) identified approximately 5 homes with lateral defects that require spot repairs and 6 homes with dye transfer from the sanitary sewer lateral trench into the sump pump crock, thereby requiring a groundwater migration barrier. Groundwater migration barriers are required for laterals, where during our dye testing, dye transfer was noted from the lateral into the sump pump crock of the home. This indicates a strong, direct connection between the lateral trench and the sump crock which, under significant rainfall events, can cause excessive contribution of flow to the sump pump; which if unable to keep up with flow, would overflow to the floor drain and therefore into the sanitary sewer system. In the past, the City conducted pilot projects to mitigate/correct inflow problems where it was believed that groundwater / wet weather flows were traveling along the sanitary lateral trenches and entering the house foundation. The City has had some success with removing a portion of the stone bed/trench material from an area near the foundation and then filling the trench with impermeable material to block the flow path (groundwater migration barrier). Collectively, repairing the lateral defects and installing groundwater migration barriers will directly and indirectly reduce private property I/I flow contributions to the City’s sanitary sewer system. The City would like to engage the District’s selected consultant team of Brown and Caldwell/AECOM for this effort. In general, the scope of work described in the following section will identify the effort to design, bid, construct, and provide construction oversight for lateral spot repairs and the installation of impermeable barriers to block groundwater migration from the sanitary sewer lateral trench into the foundation drain/sump pump system. The City will explore the potential to collaborate with homeowners to bid the work as a single municipal construction contract with the expectation that a higher volume of work will lead to more competitive construction pricing. The construction elements will be awarded to the winning bidder(s). Scope of Work The following Scope of Work describes efforts related to the design of recommended rehabilitation measures for the above described 11 defects on properties currently contributing significant I/I into the sanitary sewer system. The following basic steps for the Work Plan include: 1. Provide general project management and coordination activities. 2. Develop plans and specifications (assumes a single set of plan and specification documents) for sanitary sewer lateral repairs and installation of impermeable trench barriers suitable for bidding, as applicable for each property, depending upon the findings from Work Plan #2: Muskego Funding Agreement #4 Private Property Infiltration and Inflow Control Page 6 of 8 3. As the cost of the work and the number of properties are limited, the Scope includes drawings and limited specifications required to obtain bids from prospective contractors. 4. A Prevailing Wage Rate from the Wisconsin Department of Workforce Development would be required if the value of the work completed for all 11 defects following design is believed to be greater than the minimum threshold of $48,000. Present a draft set of documents to the City at 60% completion for review and comment. Review comments will then be incorporated into a final set of bidding documents, which will be produced and delivered to the City of Muskego for distribution to prospective bidders (If requested, Brown and Caldwell/AECOM can provide the added service of plan distribution). The Contract Documents will consist of the “front end” documents, instructions to bidders, bid form and technical specifications. It is assumed that Brown and Caldwell/AECOM will develop technical specifications and an initial set of “front end” documents will be provided by the City (If requested, Brown and Caldwell/AECOM can develop the “front end” documents as an additional service.) Drawings will be produced at an 11” x 17” size for electronic distribution with 15 copies also provided to the City for hard copy distribution if needed. 5. Bid related services including development and issuance of any required addendum(a). Brown and Caldwell/AECOM will publically advertise the project in a local paper, identified by the City of Muskego. We have included a $100 allowance for the cost of the advertisement. Brown and Caldwell/AECOM will attend the bid opening, review the bid proposals received and prepare a letter of recommendation of award. Brown and Caldwell/AECOM will prepare formal contracts for signature by Contractor and the City of Muskego. 6. Construction management and inspection services (part time). Brown and Caldwell/AECOM will manage the contractor’s effort including scheduling work with property owners (as required), coordinate inspection services during excavation and lateral rehabilitation / groundwater migration barrier installation and confirm quantities of work completed for payment. We will confirm that the restoration is completed and established to the requirements of the specifications. 7. Reimbursement of construction costs to residents or the City for PPII related improvements. 8. Preparation and attendance at one public/municipal meeting. Schedule and Estimated Timeline for Expenses The City desires to begin the design immediately upon acceptance of approval from the District. Since the City will be utilizing the District’s PPII Consulting Team (Brown and Caldwell/AECOM), it is anticipated that the District will see expenses related to this Work Plan starting approximately 30 days after initiation of the work plan (first invoice assumed to be early April based on an March start) and final expenses approximately 30 days after completion of the construction and final acceptance of contractor work. Assuming that project construction begins June 7th, with a 3-week construction period, the construction would be complete about June 28th with a final payment request coming in early July depending on the final acceptance and payment approval process. The actual timeline may vary depending on the final design components selected, contactor schedule, and approvals processes. Budget Muskego Funding Agreement #4 Private Property Infiltration and Inflow Control Page 7 of 8 The budget estimate includes $17,056 allocated to the District’s Consultant Team (Brown and Caldwell/AECOM) and up to $57,200 for construction (implementation), a total of $74,256. Breakdown for this scope of work is as follows: 1. Develop and Manage Work Plan - $960 2. Planning - $0 3. Inspection - $6,624 4. Design - $8,992 5. Implementation - $57,200 6. GIS - $0 7. Technical Assistance (survey/permitting) - $0 8. Public Involvement (M03063E03) - $480 It is estimated that following all ongoing engineering work and leaving a small contingency, there will be approximately $26,000 remaining under the current Work Plan #2 budget. Therefore, assuming that the remaining funds anticipated from Work Plan #2 can be accessed under this Work Plan, the additional funding required by the City to complete this Work Plan, is $48,256 ($74,256 -$26,000). Data Collection No data collection or survey is currently identified under this Work Plan. It is anticipated that the previous investigation work completed under Work Plan #2, in coordination with the City’s GIS system, will be sufficient to locate and describe the work required of the construction contract. Goals and Anticipated Outcomes It is the City’s goal to repair the defects associated with the more problematic items identified under Work Plan #2. It is anticipated that success would be proven by the lack of infiltration entering the sanitary sewer laterals and/or migrating into the sump pumps once the defects are corrected. Reporting The City will provide a copy of the design plans, completed by Brown and Caldwell/AECOM to the City and District. The City, through Brown and Caldwell/AECOM, will also provide records of the parcel improvements in a brief a summary report to the District consisting of the number of homes, the type and nature of the previous defects and those corrected, including a qualitative basis for the I/I removal achieved, as well as any properties that chose not to take part in this effort. Deliverables 1. 60% plans and spec for review 2. Final contract documents. 3. Bid results 4. Notification of project and public meetings. 5. Samples of public involvement documents and resident correspondence documents. 6. Inspection reports from the field engineer or municipal inspectors for work completedon a monthly basis or with expense reimbursement request, whichever occurs more frequently. Muskego Funding Agreement #4 Private Property Infiltration and Inflow Control Page 8 of 8 7. Quality control and quality assurance reports by the contractor and/or municipal inspector submitted on a regular basis as work progresses. 8. Summary report of quantifiable results of the work that should include pre-work baseline data if available. 9. Strategy for extended monitoring of results. 10. Data base format of participant information including property tax i.d., address, and colunms for type of work performed by property. 11. Photo documentation of project work in jpeg format on disc, jump drive or other format agreeable to both parties.