CCR2011079-Attachment
Funding Agreement
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
ends 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 $183,000. This work will be done by a consultant
(Brown & Caldwell) and a contractor (National Power Rodding) currently under contracts with
the District. The District shall pay the consultant and contractor invoices directly, after review
and concurrence by the Municipality.
3. Procedure for Payment
The District shall pay consultant and contractor 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.
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
Reserved.
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
Reserved.
9. Responsibility for Work, Insurance and Indemnification
Reserved.
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.
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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 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
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Attachment A
Type of Work: Primarily Investigation Work (Inspection) with minimal Planning, GIS,
and Technical Assistance Support
Title: Work Plan #2 – Private Property Inflow and Infiltration Reduction (PPIIR) Program
“At-Risk” Areas Investigation
Background
The City of Muskego has experienced inflow and infiltration into its sanitary sewer
system from a variety of sources. Many of these sources are believed to be related to
private property situations. Over the past several years, the City has identified a
number of “At-Risk” areas that it would like to further explore for private property inflow
and infiltration sources and reduction solutions.
On July 22 2010, the City of Muskego experienced a significant rainfall event that led to
a number of properties experiencing basement backups. Based on this event, the city
identified four Preliminary “At-Risk” Sanitary Back-up Areas as shown on the attached
figure based on resident complaints and from known conditions (such as high
groundwater, flooding, sanitary sewer surcharging/hydraulic grade line, topography) in
the immediate area. Approximately 100 homes are located within these four identified
areas. The causes of the backups may be different. In some cases it appears that
excess water sources are overwhelming sump pumps which then overflow into floor
drains causing inflow into the sanitary sewer system. In one area, it appears that there
is a significant influence from an internally drained former quarry that causes flooding in
heavy rains and is suspected to transfer flows via overland and underground flow paths
to homes that cannot handle the excessive inflow. In some situations, homeowners
have two or more sump pumps and still have problems. An internal and external
building inspection and lateral inspection of each property will be required to evaluate
potential I/I causes and solutions.
Corrective measures will be recommended based on the findings of the building, lateral,
and general drainage inspections. The sanitary sewer system is generally 1968 and
newer and mostly PVC pipe. The City conducted a couple of pilot projects to
mitigate/correct inflow problems where it was believed that water was 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.
The City is already engaging the MMSD’s selected consultant with the development of
the City’s PPIIR plan under the City of Muskego Work Plan #1.
Work Plan #2 only goes through the recommendations phase of this project. The City
may also elect to receive assistance from the MMSD’s selected consultant for the PPIIR
program through other work plans for related efforts to assist with additional public
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information/education elements and implementation of corrective actions support
following this Work Plan.
Scope of Work
The Scope of Work for this Work Plan consists of providing investigation and design
activities in accordance with the PPIIR program manual. The following basic steps for
the Work Plan include:
1. Provide general project management and client coordination activities.
2. Meet with City staff to review proposed investigation activities and to identify
needed associated work plans.
3. Develop associated work plan for education and outreach
4. Collect relevant GIS data and create a project specific GIS for use in the
investigation and design.
5. Review existing lift station flow data, soils data, and other relevant data to
determine if additional Technical Assistance (such as flow monitoring, ground
water monitoring) is warranted and to develop project background prior to
investigation and design efforts.
6. Coordinate and attend one additional Public Information meeting for affected
areas to present the PPIIR program to the public and answer questions relative
to investigations.
7. Attend one Council or other Municipal Meeting.
8. Identify properties for investigation (address, ownership, etc).
9. Develop a direct mailing to send to affected property owners.
10. Develop and implement a plan to contact property owners, obtain authorization
for access, and schedule inspections.
11. Perform building inspections (residential single family houses). At this time it is
anticipated that up to 100 houses and laterals will be inspected in the “At-Risk”
areas shown on the attached map. The inspection team will consist of two
persons following the District’s building inspection manual and standard
procedures.
12. Provide oversight and coordination with lateral inspection contractor (National
Power Rodding).
13. Review inspection records of buildings and laterals to determine if cost-effective
improvements can be made.
14. Develop recommendations for implementation of improvements based on the
investigations described above. Improvements may include but are not limited
to: repair/line/replace sanitary sewer laterals, disconnect illegal connections (e.g.
sump pumps, downspouts), installation of backflow prevention devices, improve
grade around the property, extend downspouts/sump pump discharge line, block
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up window well, create clay or concrete barrier in lateral trench to stop migration
of high ground water, and other site specific improvements. (Not all of the final
recommended improvements may be 100% reimbursable by the MMSD.)
15. Provide a report of recommended improvements, including prioritization of
actions, to the City for implementation.
16. Incorporate City comments into a draft recommended improvements document
and provide to the MMSD for review and approval of recommendations, including
an opinion on cost share for improvements.
17. Meet with the City to review MMSD comments and to develop a Work Plan for
implementing the improvements.
Schedule and Estimated Timeline for Expenses
The desired schedule is to initiate this work order by May 2, 2011 and complete the
investigation program by July 31, 2011. It is expected that the final inspection report
will be completed no later than four weeks following the last inspection of private
property. The Public Information meeting (if needed) will take place in June.
Since the city will be utilizing the District’s PPIIR 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 (early June
based on a May start) and final expenses approximately 30 days after completion of the
inspection efforts or early September based on the current desired inspection
completion timeline. The actual timeline may vary depending on the level of
participation in the program, scheduling of inspections, and other factors.
Budget
A budget estimate of $182,805 is established for the investigation portion of this project
which includes $85,425 allocated to the District’s Contractor, National Power Rodding,
$86,860 allocated to the District’s Consultant Team (Brown and Caldwell/AECOM), and
$10,520 allocated to the District’s PI Consulting Team. Breakdown for this work is as
follows:
1. Develop and Manage Work Plan - $15,060
2. Planning - $0
3. Inspection - $108,725
4. Design - $35,380
5. Implementation - $0
6. GIS - $2,880
7. Technical Assistance - $10,240
8. Public Involvement (M03063E03) - $10,520
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Data Collection
Data will be collected by the District’s consulting team following the District’s standard
procedures for home inspection documentation. Hand held electronic units will be
mobilized for data capture by the inspection team. The inspection team will download
the data daily to the project files for use by the design team and will be transmitted to
the District as/if needed.
Goals and Anticipated Outcomes
It is the city’s goal to inspect as many of the homes within the identified “At-Risk” areas
as feasible based on the availability and willingness of the home owners to participate in
the program and then to design appropriate methods to reduce or eliminate private
property inflow and infiltration. The city has considered installing flow meters to collect
data for comparison to post improvement data and decided that there are lift stations
with run time or flow meters in the vicinity of three of the four areas and feels that this
will be sufficient to try and document reduction efforts. It is anticipated that during high
flow situations that success can be measured by reduced flows recorded at the lift
stations and by the number of people that report having basement backups.
Deliverables
1. The City will provide a summary report to the District consisting of:
a. Spreadsheet list of properties included in the project with tax id, address,
and columns indicating which work tasks were applied to each property.
(house inspection, lateral inspected, and defects found.)
b. Digital data or subset of data (including photos) as desired by the District,
c. Property rehabilitation recommendations and follow-up recommendations.
d. Lessons learned including efforts in public outreach and education.
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