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CCR2021024-AttachmentMuskego 2021 Trees Page 1 Green Solutions Funding Agreement G98005P69 Muskego 2021 Trees 1. The Parties This Agreement is between the Milwaukee Metropolitan Sewerage District (District), 260 West Seeboth Street, Milwaukee, Wisconsin 53204-1446, and the City of Muskego (Muskego), W182 S8200 Racine Avenue, Muskego, Wisconsin 53150. 2. Basis for this Agreement A. Wisconsin law authorizes any municipality to establish an intergovernmental cooperation agreement with another municipality for the furnishing of services (Wis. Stat. sec. 66.0301). B. The District is responsible for collecting and treating wastewater from locally-owned sewerage systems in the District’s service area. C. During wet weather, stormwater enters the sewerage system, increasing the volume of wastewater the District must collect and treat. D. During wet weather, stormwater directly enters surface water, increasing pollution levels in those waterways and increasing the risk of flooding. E. Green infrastructure, such as constructed wetlands, rain gardens, green roofs, bioswales, and porous pavement, reduces the volume of stormwater in the sewerage system and the amount of pollutants discharged to surface waters. F. The District wants to expedite the amount of green infrastructure installed in its service area. G. Muskego plans to install green infrastructure that supports the District’s green infrastructure goals. 3. Date of Agreement This Agreement becomes effective immediately upon signature by both parties and ends when Muskego receives final payment from the District or when the parties terminate this Agreement according to sec. 14 of this Agreement. 4. District Funding The District will reimburse Muskego for the cost of the project described in the attached project description (project), up to $55,000. The District will provide funding after the District receives the Baseline Report and the Maintenance Covenant. Muskego 2021 Trees Page 2 5. Location of Project The project will plant 50 trees in five parks, as identified in the project description. 6. Baseline Report After completion of the project, Muskego will provide a Baseline Report using forms provided or approved by the District. The Baseline Report will include: A. a site drawing, showing the project as completed; B. a topographic map of the project site; C. design specifications for the project, including rainwater capture capacity (maximum per storm) and other information regarding runoff rate reduction or pollutant capture; D. a tabulation of the bids received, including bidder name and price; E. a copy of the executed construction contract; F. a legal description of the property where the project is located, including parcel identification numbers; G. photographs of the completed project; H. a maintenance plan; I. an outreach and education strategy, including a description of events or activities completed or planned; J. an itemization of all construction costs, with supporting documentation; K. a W-9 Tax Identification Number form; L. a Small, Veterans, Women, and Minority Business Enterprise Report; and M. an Economic Impact Report, showing the total number of people and the estimated number of hours worked on design and construction of the project by Muskego’s employees, contractors, consultants, and volunteers. 7. Procedure for Payment Muskego will submit an invoice to the District for the amount to be reimbursed. The invoice will document all costs to be reimbursed. Invoices from consultants will provide: their hourly billing rates, if applicable; the hours worked, by individual; and a summary of the tasks accomplished. Muskego will send the Baseline Report and the invoice to: Andrew Kaminski, Project Manager Milwaukee Metropolitan Sewerage District 260 West Seeboth Street Milwaukee, Wisconsin 53204-1446 The District will not provide reimbursement until the project is complete and the District has received all required deliverables. Muskego 2021 Trees Page 3 8. Changes in the Project and Modifications to the Agreement Any changes to the project must be approved by the District in writing in advance. The District will not reimburse for work that is not described in the original project description unless Muskego obtains prior written approval from the District. 9. Modifications to this Agreement Any modifications to this Agreement will be in writing and signed by both parties. 10. Project Maintenance Muskego will maintain the project for at least eleven years. If the project fails to perform as anticipated or if maintaining the project is not feasible, then Muskego will provide a report to the District explaining the failure of the project or why maintenance is not feasible. Failure to maintain the project will make Muskego ineligible for future District funding until Muskego corrects maintenance problems. 11. Permits, Certificates, and Licenses The Muskego is solely responsible for compliance with all federal, state, and local laws and any required permits, certificates, or licenses. 12. Procurement Muskego must select professional service providers according to the ordinances and policies of Muskego. Muskego must procure all non-professional services, such as construction, sewer inspection, and post-construction restoration, according to State of Wisconsin statutes and regulations and the ordinances and policies of Muskego. Whenever work valued over $25,000 is procured without the use of a public sealed bidding process, Muskego must provide an opinion from a licensed attorney representing Muskego explaining why the procurement complies with State of Wisconsin law and the ordinances of Muskego. 13. Responsibility for Work, Insurance, and Indemnification Muskego is solely responsible for planning, design, construction, and maintenance of the project, including the selection of and payment for consultants, contractors, and materials. Muskego is solely responsible for ensuring compliance with Wisconsin prevailing wage law. The District will not provide any insurance coverage of any kind for the project or the Muskego. Muskego will defend, indemnify, and hold harmless the District and its Commissioners, employees, and agents against all damages, costs, liability, and expenses, including attorney’s fees and related disbursements, arising from or connected with the planning, design, construction, operation, or maintenance of the project. 14. Terminating this Agreement The District may terminate this Agreement at any time before the commencement of construction. After the commencement of construction, the District may terminate this Agreement only for good cause, including, but not limited to, breach of this Agreement by Muskego. Muskego may terminate this Agreement at any time, but Muskego will not receive any payment from the District if Muskego does not complete the project. Muskego 2021 Trees Page 4 15. Maintenance Covenant After the completion of construction, the District must receive a Maintenance Covenant from Muskego. The maintenance covenant will be limited to the project. The term of the Maintenance Covenant will be eleven years. Muskego will cooperate with the District to prepare the Maintenance Covenant. 16. Exclusive Agreement This Agreement is the entire agreement between Muskego and the District for the project. 17. Severability If a court holds any part of this Agreement unenforceable, then the remainder of the Agreement will continue in effect. 18. Applicable Law The laws of the State of Wisconsin apply to this Agreement. 19. Resolving Disputes If a dispute arises under this Agreement, then the parties will try to resolve the dispute with the help of a mutually agreed-upon mediator in Milwaukee County. The parties will equally share the costs and fees associated with the mediation, other than attorney’s fees. If the dispute is not resolved within 30 days after mediation, then either party may take the matter to court. 20. Notices All notices and other communications related to this Agreement will be in writing and will be considered given as follows: A. when delivered personally to the recipient's address as stated in this Agreement; or B. three days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. 21. Independence of the Parties This Agreement does not create a partnership. Muskego does not have authority to make promises binding upon the District or otherwise have authority to contract on the District's behalf. 22. Assignment Muskego may not assign any rights or obligations under this Agreement without the District's prior written approval. 23. Public Records Muskego will produce any records in the possession of Muskego that are subject to disclosure by the District pursuant to the State of Wisconsin’s Open Records Law, Wis. Stats. secs. 19.31 to 19.39. Muskego will indemnify the District against all claims, demands, or causes of action resulting from the failure to comply with this requirement. Muskego 2021 Trees Page 5 MILWAUKEE METROPOLITAN SEWERAGE DISTRICT CITY OF MUSKEGO By: ____________________________ By: Kevin L. Shafer, P.E. Executive Director Richard Petfalski, JR. Mayor Date: ___________________________ Date: ______________________________ Approved as to Form By: ___________________________ Attorney for the District By: Sharon Mueller Clerk-Treasurer Date: _______________________________ Muskego 2021 Trees Page 6 Green Solutions Funding Agreement G98005P69 Muskego 2021 Trees Project Description Muskego will plant 50 trees in five parks, as shown in the following table. Park Number of Trees Arthur 20 Idle Isle 6 Kurth 7 Manchester 4 Sand Hill 13 Total 50 Muskego will plant a diversity of trees to prevent catastrophic loss from disease. Schedule Muskego will complete the project by December 31, 2021. Budget Muskego has estimated $50,000 for contractor cost and $5,000 for Muskego’s project management cost. Outreach and Education Muskego will post educational signage. Signage will: 1. be either designed and provided by the District or provided by Muskego and approved by the District, 2. be at a location approved by the District, and 3. identify the District as funding the green infrastructure by name, logo, or both. Muskego will describe the project and its benefits in a community newsletter or web page. In signage and other educational materials, Muskego will acknowledge District funding for the Project.